New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 6 (2))
A person--
(b) who becomes a mentally incapacitated person, or
(c) who is a bankrupt, is applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, whose debts are subject to a composition with his or her creditors or whose remuneration would, upon his or her appointment, be subject to an assignment for their benefit,is not eligible to be appointed a trustee.
(1) In the case of the illness or absence of any trustee, the Minister may appoint a person as a deputy to act in the place of the trustee during the trustee's illness or absence.
(2) A deputy appointed under this clause shall, while acting as a deputy, have all the powers, authorities, duties and functions of a trustee.
(3) A deputy appointed under this clause shall, if the Minister thinks fit, be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the deputy.
(4) No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a person to act in the place of a trustee, or as to the necessity or propriety of any appointment of a deputy, and all acts and things done or omitted by a deputy when so acting shall be as valid and shall have the same consequences as if they had been done or omitted by the trustee for whom the deputy is acting.
(1) The term of office of a trustee shall be, and, unless the trustee vacates the office during his or her term, a trustee shall hold office for, such period not exceeding 4 years as may be specified in the instrument of appointment.
(2) A trustee whose term of office expires may, subject to clause 1, be re-appointed as a trustee.
The Government Sector Employment Act 2013 does not apply to or in respect of the appointment of a trustee and a trustee is not, in his or her capacity as a trustee, subject to that Act during his or her term of office.
A trustee and a member of a committee established under section 8 who is not a trustee shall, if the Minister thinks fit, be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of them.
The Governor may, for any cause which to the Governor seems sufficient, remove a trustee from office.
The office of a trustee becomes vacant if the trustee--
(a) dies,
(b) resigns the office by an instrument in writing addressed to the Minister,
(c) 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 or estate for their benefit,
(d) becomes a mentally incapacitated person, or
(e) is absent from 3 consecutive ordinary meetings of the Trust of which notice has been given to the trustee personally or in the ordinary course of post and is not before the expiration of 6 weeks after the latest of those meetings excused by the Trust for the absence from the meetings, or
(f) is removed from office by the Governor.
(1) For the purposes of this clause, a trustee shall not be considered to have ceased to be a trustee by reason only of his or her term of office as a trustee having expired if the trustee is re-appointed by the Governor as a trustee for a term commencing immediately after the date on which his or her term of office expires.
(2) The Chairperson of the Trust shall be such trustee as the Minister nominates as Chairperson.
(3) A Chairperson holds office until the nomination of a successor under this clause or until the Chairperson ceases to be a trustee, whichever first occurs.
(4) At a meeting of the Trust--(a) the Chairperson, or(b) in the absence of the Chairperson or if it is a meeting held when no person holds the office of Chairperson--a chairperson elected by trustees present at the meeting from among their number,shall preside.
(1) The procedure for the calling of meetings of the Trust and the conduct of business at those meetings shall, subject to this Schedule and any regulation, be as determined by the Trust.
(2) The Minister shall call the first meeting of the Trust by giving notice to the trustees in such way as the Minister thinks fit.
(3) Four trustees shall form a quorum and any duly convened meeting of the Trust at which a quorum is present shall be competent to transact any business of the Trust and shall have and may exercise and perform all the powers, authorities, duties and functions of the Trust.
(4) The person presiding at a meeting of the Trust shall, in the event of an equality of votes, have, in addition to a deliberative vote, a second or casting vote.
(5) A decision supported by a majority of the votes cast at a meeting of the Trust at which a quorum is present shall be the decision of the Trust.
(1) A protected person is not personally subject to any liability for anything done--(a) in good faith, and(b) for the purpose of executing functions under this Act.
(2) The liability instead attaches to the Crown.
(3) In this section--
"done" includes omitted to be done.
"liability" means civil liability and includes action, claim or demand.
"protected person" means--(a) the Trust, or(b) a trustee, or(c) a person acting under the direction of the Trust.
The secretary to the Trust shall cause minutes of each meeting of the Trust to be recorded and preserved.
The Executive Director--
(a) is entitled to be heard by the Trust on any matter considered by the Trust and, unless the Trust otherwise directs, is entitled to be present at each meeting of the Trust, and
(b) is an ex officio member of each committee of the Trust.
The common seal of the Trust shall be kept by the secretary to the Trust.