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GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SCHEDULE 3

SCHEDULE 3 – Members and procedure of Public Service Commission Advisory Board

(Section 18)

Part 1 - Preliminary

1 Definitions

In this Schedule--

"appointed member" means the Chairperson of the Advisory Board or other member of the Advisory Board who is appointed by the Premier.

"member" means an appointed or ex-officio member of the Advisory Board.

Part 2 - Members

2 Terms of office of appointed members

(1) Subject to this Schedule and the regulations, an appointed member holds office for the period (not exceeding 3 years) specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(2) A person may not be an appointed member for consecutive terms totalling more than 6 years unless the Premier determines otherwise.

3 Remuneration of appointed members

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

4 Vacancy in office of appointed member

(1) The office of an appointed 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 Premier, or
(d) is removed from office by the Premier under this clause, or
(e) is absent from 3 consecutive meetings of the Advisory Board of which reasonable notice has been given to the member personally or by post, except on leave granted by the Premier or unless the member is excused by the Premier 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) becomes a mentally incapacitated person, 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 Premier may remove an appointed member from office at any time.

5 Filling of vacancy in office of appointed member

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

6 Appointed members not prevented from holding other offices

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 an appointed member or from accepting and retaining any remuneration payable to the person under this Act as an appointed member.

7 Appointed member holds statutory office

An appointed member holds a statutory office and is not employed in the Public Service.

8 Disclosure of pecuniary or other interests

(1) If--
(a) a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Advisory Board, and
(b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Advisory Board.
(2) A disclosure by a member at a meeting of the Advisory Board that the member--
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded by the Advisory Board and the record must be available at all reasonable hours to inspection by any person.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Premier or the Advisory Board otherwise determines--
(a) be present during any deliberation of the Advisory Board with respect to the matter, or
(b) take part in any decision of the Advisory Board with respect to the matter.
(5) For the purposes of the making of a determination by the Advisory Board under subclause (4), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not--
(a) be present during any deliberation of the Advisory Board for the purpose of making the determination, or
(b) take part in the making by the Advisory Board of the determination.
(6) A contravention of this clause does not invalidate any decision of the Advisory Board.

9 Personal liability of members

A matter or thing done (or omitted to be done) by--

(a) the Advisory Board, or
(b) a person acting under the direction of the Advisory Board,
does not, if the matter or thing was done (or omitted to be done) in good faith for the purposes of executing this Act (or any other Act that confers functions on the Advisory Board), subject a member of the Advisory Board or a person so acting personally to any action, liability, claim or demand.

Part 3 - Procedure

10 General procedure

The procedure for the calling of meetings of the Advisory Board and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Advisory Board.

11 Quorum

The quorum for a meeting of the Advisory Board is a majority of the members for the time being.

12 Presiding member

(1) The Chairperson of the Advisory Board (or, in the absence of the Chairperson, a person elected by the members of the Advisory Board who are present at a meeting of the Advisory Board) is to preside at a meeting of the Advisory Board.
(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

13 Voting

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

14 Transaction of business outside meetings or by telephone

(1) The Advisory Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Advisory Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Advisory Board.
(2) The Advisory Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
(3) For the purposes of--
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Advisory Board.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Advisory Board.
(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.

15 Frequency of meetings

The Advisory Board is to meet at least on a quarterly basis each year (but no more than 6 times each year).



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