New South Wales Consolidated Acts

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SCHEDULE 1 – Provisions relating to Disability Council

(Section 16 (7))

Part 1 - General

1 Definitions

In this Schedule--

"council" means the Disability Council.

"member" means a member of the council.

Part 2 - Members

2 Terms of office of members, chairperson and deputy chairperson

(1) A member holds office for the period (not exceeding 4 years) specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(2) The chairperson and deputy chairperson of the council each hold office for the period (not more than one year) specified in the chairperson's or deputy chairperson's instrument of appointment, but are eligible for re-appointment.
(3) This clause applies subject to this Schedule and the regulations.

3 Remuneration of members

A member is entitled to be paid the remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.

4 Vacancy in office of member

(1) The office of a member becomes vacant if the member--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister, or
(d) is removed from office by the Governor, or
(e) is absent from 4 consecutive meetings of the council of which reasonable notice has been given to the member personally or by post, except on leave granted by the council or unless the member is excused by the council for having been absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g) can no longer exercise the functions of a member, or
(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Governor may remove a member from office at any time.

5 Filling of vacancy in office of member

If the office of any member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

6 Effect of certain other Acts

(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to or in respect of the appointment of a member.
(2) If by or under any Act provision is made--
(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the duties of that office,
the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any allowance payable to the person under this Act as a member.

Part 3 - Procedure

7 General procedure

The procedure for calling meetings of the council and for the conduct of business at the meetings is, subject to this Schedule and the regulations, to be determined by the council.

8 Quorum

The quorum for a meeting of the council is a majority of the members (including the chairperson) for the time being.

9 Presiding member

(1) The chairperson of the council is to preside at a meeting of the council.
(2) In the absence of the chairperson, the deputy chairperson is to preside at a meeting of the council.
(3) In the absence of the chairperson and the deputy chairperson, a member elected to chair the meeting by the members present is to preside at a meeting of the council.
(4) The person presiding has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

10 Voting

A decision supported by a majority of the votes cast at a meeting of the council at which a quorum is present is the decision of the council.

11 First meeting

The Minister may call the first meeting of the council in such manner as the Minister thinks fit.

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