New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 15 (4))
In this Schedule--
"appointed member" means a member of the Board other than the Chairperson or
the CEO.
"electronic communication" has the same meaning as in the
Electronic Transactions Act 2000 .
"member" means any member of the Board.
(1) The Chairperson holds office for the term, of not more than 5 years, specified in the instrument of appointment.
(2) However, the Chairperson is eligible, if otherwise qualified, for re-appointment.
The Chairperson is to be paid remuneration and allowances decided by the Minister, from time to time, in consultation with the Public Service Commissioner.
(1) The office of Chairperson becomes vacant if the holder--(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by written instrument addressed to the Minister, or(d) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with the holder's creditors or makes an assignment of the holder's remuneration for the creditors' benefit, or(e) becomes a mentally incapacitated person, or(f) is convicted in New South Wales of an offence punishable by imprisonment for 12 months or more or is convicted outside of New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(g) is removed from office under clause 2C.
(2) If the office of Chairperson becomes vacant, a person must, subject to this Act be appointed to fill the vacancy.
(1) The Governor may remove the Chairperson from office, but only for incompetence, incapacity or misbehaviour.
(2) The Chairperson cannot be removed from office under the Government Sector Employment Act 2013 , Part 6.
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to the Chairperson.
(2) The office of Chairperson is not, for the purposes of any Act, an office or place of profit under the Crown.
(1) The Minister may, from time to time, appoint a person to be the deputy of an appointed member, and the Minister may revoke any such appointment.
(2) In the absence of an appointed member, the member's deputy--(a) may, if available, act in the place of the member, and(b) while so acting, has all the functions of the member and is to be taken to be a member.
(4) A person while acting in the place of an appointed 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 person.
Subject to this Schedule, an appointed member holds office for such period (not exceeding 5 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
An appointed 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.
(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 Minister, or(d) is removed from office by the Governor under this clause or under Part 6 of the Government Sector Employment Act 2013 , or(e) is absent from 4 consecutive meetings of the 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 Board or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the 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 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 an appointed member from office at any time.
(3) Without limiting subclause (2), the Governor may remove an appointed member from office on the address of both Houses of Parliament or for a contravention of clause 7.
If the office of any appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to an appointed 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 an appointed member or from accepting and retaining any remuneration payable to the person under this Act as such a member.
(3) The office of an appointed member is not, for the purposes of any Act, an office or place of profit under the Crown.
(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 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 Board.
(2) A disclosure by a member at a meeting of the 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) Disclosures of the interests of members of the Board are required to be made in accordance with the regulations. For that purpose, the regulations may apply, with modifications, the provisions of the regulations under section 14A of the Constitution Act 1902 relating to the disclosure of the interests of members of Parliament.
(4) If--(a) a matter being considered or about to be considered at a meeting of the Board relates to the institution of criminal or related proceedings against a person, and(b) a member has any personal or financial interest in 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 Board.
(5) Particulars of any disclosure made under this clause must be recorded by the Board 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 (if any) determined by the Board.
(6) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines--(a) be present during any deliberation of the Board with respect to the matter, or(b) take part in any decision of the Board with respect to the matter.
(7) For the purpose of the making of a determination by the Board under subclause (6), 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 Board for the purpose of making the determination, or(b) take part in the making by the Board of the determination.
(8) A contravention of this clause does not invalidate any decision of the Board.
The procedure for the calling of meetings of the Board and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Board.
The quorum for a meeting of the Board is 3 members, of whom--
(a) 1 must be the Chairperson, and
(b) 2 must be appointed members.
(1) The Chairperson is to preside at a meeting of the Board.
(2) The presiding member is to have a deliberative vote and, in the event of an equality of votes, a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
(1) The Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the 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 Board.
(2) The 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 a 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 Board.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Board.
(5) Papers may be circulated among members for the purposes of subclause (1) by electronic communication.
(1) The Board may appoint such committees as the Board considers appropriate to assist the Board in the exercise of its functions.
(2) It does not matter if any or all of the members of a committee are not members of the Board.
(3) The procedure of a committee of the Board is to be determined by the Board or (subject to any determination of the Board) by the committee.