New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule,
"appointed member" means a member referred to in section 27 (2) (c)-(h).
Subject to this Schedule, an appointed member holds office for such period (not exceeding 2 years) as is specified in the relevant 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, resigns or is removed from office, or(b) absents himself or herself from 4 consecutive meetings of the Board of which reasonable notice has been given to the member, unless--(i) the Board has granted the member leave to be absent from those meetings, or(ii) within 4 weeks after the last of those meetings, the member is excused by the Board for having been absent from those meetings, or(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 for their benefit, or(d) becomes a mentally incapacitated person, or(e) 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 remove an appointed member from office at any time.
If the office of an appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) A Board member who has a direct or indirect pecuniary interest--(a) in a matter that is being considered, or is about to be considered, at a meeting of the Board, or(b) in a thing being done or about to be done by the Board,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 at such a meeting 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 a specified person,is taken to be a sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person that may arise after the date of the disclosure.
(3) The Board must cause particulars of any disclosure made under subclause (1) or (2) to be recorded in a book kept for the purpose and that book must be open at all reasonable hours to the inspection, free of charge, of any person.
(4) After a member has, or is deemed to have, disclosed the nature of an interest in any matter or thing under subclause (1) or (2), the member must not, unless the Minister otherwise determines--(a) be present during any deliberation, or take part in any decision, of the Board with respect to that matter, or(b) exercise any functions under this Act with respect to that thing,as the case requires.
(5) A contravention of this clause does not invalidate any decision of the Board or the exercise of any function under this Act.
(6) A reference in this clause to a meeting of the Board includes a reference to a meeting of any of its committees.
(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 and the office of such a member is not, for the purposes of any Act, an office or place of profit under the Crown.
(2) If by or under any other 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,that 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 Part as such a member.
Except as otherwise provided by this Act or the regulations--
(a) meetings of the Board are to be held at such times and places as are fixed by the President, and
(b) the procedure for the convening of meetings and for the conduct of business at those meetings is to be as determined by the President.
At a meeting of the Board, a majority of the Board members constitutes a quorum.
The President (or, in the absence of the President, one of the other members chosen by the members present at the meeting) is to preside at a meeting of the Board.
(1) A decision of the Board has effect if it is supported by a majority of the votes cast at a meeting at which a quorum is present.
(2) In the event of an equality of votes, the presiding member has a second, or casting, vote.
(1) The presiding member at a meeting of the Board must cause a record of the proceedings at the meeting to be made.
(2) Records made for the purposes of this clause may be destroyed after the expiry of the period prescribed by the regulations.
Any document requiring authentication by the Board is sufficiently authenticated if it is signed by--
(a) the member who presided at the meeting that dealt with the proceedings with respect to which the document was prepared, or
(b) in the absence of that member, any other member who was present at that meeting.
The first meeting of the Board is to be called by the Minister in such manner as the Minister considers appropriate.