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MULTICULTURAL NSW ACT 2000 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to members of the Advisory Board

1 Definition

In this Schedule:

"member" means a member of the Advisory Board.

2 Chairperson

(1) The Chairperson vacates office as Chairperson if the Chairperson:
(a) is removed from office by the Governor under this clause, or
(b) ceases to be a member.
(2) The Governor may at any time remove the Chairperson from office as Chairperson.

3 Deputies of members

(1) The Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.
(2) In the absence of a member, the member's deputy may, if available, act in the place of the member.
(3) While acting in the place of a member, a person:
(a) has all the functions of the member and is taken to be a member, and
(b) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.

4 Terms of office

(1) Subject to this Schedule, a member holds office for the period (not exceeding 3 years) that is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(2) A person is not eligible for re-appointment as a member if the person has been a member (whether or not for consecutive terms) for a total period of more than 9 years.
(3) Any previous period of appointment as a commissioner of the Community Relations Commission under this Act is taken to be a period of appointment as a member for the purposes of subclause (2).

5 Members of Advisory Board may undertake full-time roles

(1) The Minister may, at the request of Multicultural NSW, authorise a member to be engaged on a full-time or other basis on any particular work for Multicultural NSW or a committee of Multicultural NSW.
(2) A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of any such work (in addition to any other remuneration to which the member is entitled under this Schedule).
(3) Any such member continues to be a member for the purposes of this Act.

7 Remuneration

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

8 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 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 in the ordinary course of post, except on leave granted by the Advisory Board or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Advisory Board 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 penal servitude or 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 at any time remove a member from office.

9 Disclosure of pecuniary interests

(1) If:
(a) a member has a direct or indirect pecuniary 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 this clause.
(3) The Advisory Board must cause particulars of any disclosure made under this clause to be recorded 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 such fee as may be determined by the Advisory Board from time to time.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister 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 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.

10 Filling of vacancy in office of member

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

11 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 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 remuneration payable to the person under this Act as such a member.



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