New South Wales Consolidated Acts New South Wales Consolidated Acts(Sections 47 and 123)
In this Schedule--
"appointed member" means a member of the Advisory Council or the Bush Fire
Co-ordinating Committee who is appointed by the Minister.
"Chairperson" means the Chairperson of the Advisory Council or the Bush Fire
Co-ordinating Committee.
"member" means any member of the Advisory Council or the Bush Fire
Co-ordinating Committee.
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) A member (other than an appointed member) may, from time to time, appoint a person to be the member's deputy, and may revoke any such appointment.
(2) The Minister may, from time to time, appoint a person to be the deputy of an appointed member, and may revoke any such appointment.
(3) The deputy of a member appointed on the recommendation of a particular body, group or person is to be appointed on the recommendation of that body, group or person.
(4) In the absence of a member, the member's deputy may, if available, act in the place of the member.
(5) 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.
(6) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.
(7) This clause does not operate to confer on a deputy of a member who is the Chairperson the member's functions as Chairperson.
(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 Minister under this clause or by the Governor under Part 6 of the Government Sector Employment Act 2013 , or(e) is absent from 3 consecutive meetings of the Advisory Council or Co-ordinating Committee of which reasonable notice has been given to the member personally or by post, except on leave granted by the Chairperson or unless the member is excused by the Chairperson 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 Minister may at any time remove an appointed member from office.
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 Chairperson vacates office as Chairperson if--(a) he or she is removed from office by the Minister under this clause, or(b) ceases to be a member.
(2) The Minister may at any time remove the Chairperson from office as Chairperson.
(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 Council or Co-ordinating Committee, 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 Council or Co-ordinating Committee.
(2) A disclosure by a member at a meeting of the Advisory Council or Co-ordinating Committee 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 Council or Co-ordinating Committee in a book kept for the purpose and that book must be open at all reasonable hours for inspection by any person on payment of the fee determined by the Advisory Council or Co-ordinating Committee.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Advisory Council or Co-ordinating Committee otherwise determines--(a) be present during any deliberation of the Advisory Council or Co-ordinating Committee with respect to the matter, or(b) take part in any decision of the Advisory Council or Co-ordinating Committee with respect to the matter.
(5) For the purposes of the making of a determination by the Advisory Council or Co-ordinating Committee 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 Council or Co-ordinating Committee for the purpose of making the determination, or(b) take part in the making by the Advisory Council or Co-ordinating Committee of the determination.
(6) A contravention of this clause does not invalidate any decision of the Advisory Council or Co-ordinating Committee.
(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 a member.
(3) The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.
The procedure for the calling of meetings of the Advisory Council and the Co-ordinating Committee and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Chairperson.
Any act or proceeding of the Advisory Council or Co-ordinating Committee is, even though at the time when the act or proceeding was done, taken or commenced there was--
(a) a vacancy in the office of a member of the Advisory Council or Co-ordinating Committee, or
(b) any defect in the appointment, or any disqualification of a member of the Advisory Council or Co-ordinating Committee,as valid as if the vacancy, defect or disqualification did not exist and the Advisory Council or Co-ordinating Committee were fully and properly constituted.
(1) The quorum for a meeting of the Advisory Council is 5 members.
(2) The quorum for a meeting of the Co-ordinating Committee is 7 members.
(1) The Chairperson (or, in the absence of the Chairperson, another member elected to chair the meeting by the members present) is to preside at a meeting of the Advisory Council or Co-ordinating Committee.
(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Advisory Council or Co-ordinating Committee at which a quorum is present is the decision of the Advisory Council or Co-ordinating Committee.
(1) The Advisory Council or Co-ordinating Committee may establish subcommittees to assist the Advisory Council or Co-ordinating Committee in the exercise of its functions.
(2) At least one of the members of a subcommittee must be a member of the Advisory Council or Co-ordinating Committee but it does not matter if none of the other members of a subcommittee is a member of the Advisory Council or Co-ordinating Committee.
(3) The procedures for calling meetings of a subcommittee and for the conduct of those meetings are to be determined by the Advisory Council or Co-ordinating Committee (or, subject to any determination by the Advisory Council or Co-ordinating Committee) by the subcommittee.
(4) The Advisory Council or Co-ordinating Committee may delegate to a subcommittee any of the functions of the Advisory Council or Co-ordinating Committee, other than this power of delegation.
(1) The Advisory Council or Co-ordinating Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Council or Committee 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 Council or Co-ordinating Committee.
(2) The Advisory Council or Co-ordinating Committee 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 Council or Co-ordinating Committee.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Advisory Council or Co-ordinating Committee.
(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.
The Minister may call the first meeting of the Advisory Council or Co-ordinating Committee in such manner as the Minister thinks fit.