New South Wales Consolidated Acts New South Wales Consolidated ActsIn this
Schedule--
"appointed Trustee" means a person appointed under section 49(2)(a).
"Trustee" means a Trustee of the Public Purpose Fund.
Subject to this Schedule, an appointed Trustee holds office for such period (not exceeding 3 years) as is specified in the Trustee's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
An appointed Trustee is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Attorney General may from time to time determine in respect of the Trustee.
(1) The Attorney General may, from time to time, appoint a person to be the deputy of a Trustee, and the Attorney General may revoke any such appointment.
(2) In the absence of a Trustee, the Trustee's deputy may, if available, act in the place of the Trustee.
(3) While acting in the place of a Trustee, a person--(a) has all the functions of the Trustee and is taken to be a Trustee, and(b) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Attorney General may from time to time determine in respect of the person.
(4) For the purposes of this clause, a vacancy in the office of a Trustee is taken to be an absence of the Trustee.
(1) The office of an appointed Trustee becomes vacant if the Trustee--(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 Attorney General, or(d) is removed from office by the Attorney General under this clause, or(e) is absent from 4 consecutive meetings of the Trustees of which reasonable notice has been given to the Trustee personally or by post, except on leave granted by the Attorney General or unless the Trustee is excused by the Attorney General 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, or(i) in the case of a Trustee referred to in section 49(2)(a)(i), ceases to be a member of the Law Society Council.
(2) The Attorney General may at any time remove an appointed Trustee from office.
If the office of an appointed Trustee becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) The chairperson of the Trustees is the person elected to the office of chairperson from time to time by the Trustees from among their number.
(2) The office of chairperson--(a) commences on the day the person elected to the office is declared to be so elected, and(b) becomes vacant when the person's successor is declared to be elected to the office or when the person so elected ceases to hold office as a Trustee (whichever happens first).
(1) If--(a) a Trustee has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Trustees, and(b) the interest appears to raise a conflict with the proper performance of the Trustee's duties in relation to the consideration of the matter,the Trustee must, as soon as possible after the relevant facts have come to the Trustee's knowledge, disclose the nature of the interest at a meeting of the Trustees.
(2) A Trustee is not to be regarded as having a direct or indirect pecuniary interest in a matter merely because he or she is a local legal practitioner or a member of the Law Society, the Bar Association or a Council.
(3) A disclosure by a Trustee at a meeting of the Trustees that the Trustee--(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).
(4) Particulars of any disclosure made under this clause must be recorded by the Trustees in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Trustees.
(5) After a Trustee has disclosed the nature of an interest in any matter, the Trustee must not, unless the Attorney General or the Trustees otherwise determine, take part in any decision of the Trustees with respect to the matter.
(6) For the purposes of the making of a determination by the Trustees under subclause (5), a Trustee who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not take part in the making by the Trustees of the determination.
(7) If a Trustee is prevented from taking part in a decision by virtue of this clause and the determination relates to a matter that requires a unanimous decision of the Trustees under section 55(5), the decision is unanimous for the purposes of that section if it is supported by all of the Trustees who are entitled to take part in the determination.
(8) A contravention of this clause does not invalidate any decision of the Trustees.
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a Trustee.
(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 Trustee or from accepting and retaining any remuneration payable to the person under this Act as a Trustee.
The procedure for the calling of meetings of the Trustees and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Trustees.
The quorum for a meeting of the Trustees is 4 Trustees.
(1) The chairperson or, in the absence of the chairperson, a Trustee elected by the Trustees present at the meeting, is to preside at a meeting of the Trustees.
(2) The person presiding at a meeting of the Trustees has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
(3) Subclause (2) does not affect the requirement under section 55(5) that certain decisions of the Trustees be unanimous.
(1) A decision supported by a majority of the votes cast at a meeting of the Trustees at which a quorum is present is the decision of the Trustees.
(2) This clause does not apply in respect of a decision that is required to be unanimous by section 55(5).
(1) The Trustees may, if they think fit, transact any of their business by the circulation of papers among all the Trustees for the time being and a resolution in writing has effect as a decision of the Trustees if it is approved in writing by a majority of those Trustees and, for the purposes of section 55(5), has effect as a unanimous decision of the Trustees if it is approved in writing by all the Trustees for the time being.
(2) The Trustees may, if they think fit, transact any of their business at a meeting at which the Trustees (or some Trustees) participate by telephone, closed-circuit television or other means, but only if any Trustee who speaks on a matter before the meeting can be heard by the other Trustees.
(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 Trustee have the same voting rights as they have at an ordinary meeting of the Trustees.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Trustees.
(5) Papers may be circulated among the trustees for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The Trustees are to cause full and accurate minutes to be kept of the proceedings of each meeting of the Trustees.