New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SCHEDULE 4

SCHEDULE 4 – Constitution, membership and meetings of the Psychosurgery Review Board

(Section 152)

1 Members

(1) The Board is to consist of 7 part-time members appointed by the Minister.
(2) The members are to consist of:
(a) a person appointed by the Minister as President of the Board, being a person who is an Australian lawyer of at least 7 years' standing, and
(b) a neurosurgeon selected from a panel of 3 neurosurgeons nominated by the Royal Australasian College of Surgeons, and
(c) a neurologist or a neuroscientist, being a neurologist or a neuroscientist selected from a panel of 3 neurologists or neuroscientists nominated by the Royal Australasian College of Physicians, and
(d) a clinical psychologist selected from a panel of 3 clinical psychologists nominated by the Australian Psychological Society, and
(e) a person selected from a panel of 3 persons nominated by the New South Wales Council for Civil Liberties, and
(f) 2 psychiatrists, 1 of whom is to be selected from a panel of 3 psychiatrists nominated by the Royal Australian and New Zealand College of Psychiatrists.
(3) If a nomination of a panel of persons is not made within the time or in the manner specified by the Minister in a notice in writing given to the body entitled to nominate the panel, the Minister may appoint to be a member, instead of the person required to be appointed from that panel, a person who, in the opinion of the Minister, holds an appropriate qualification.

2 Deputy President

(1) The Minister may, in the instrument of appointment of a member or by another instrument, appoint a member, other than the President, as Deputy President of the Board.
(2) The Deputy President of the Board has and may exercise the functions of the President during the absence, for any cause whatever, of the President or during a vacancy in the office of President.

3 Deputies

(1) The Minister may, from time to time, appoint as the deputy of a member a person who holds the same qualifications, if any, and is nominated in the same manner, if any, as the person for whom he or she is the deputy.
(2) In the absence of a member, the member's deputy:
(a) is, if available, to 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.
(3) Subject to clause 2 (2), the deputy of a member who is President or Deputy President of the Board has the member's functions as President or Deputy President, as the case may be.
(4) A person while acting in the place of 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 person.

4 Term of office of member

(1) Subject to this Schedule, a member is to hold office for such period (not exceeding 4 years) as may be specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(2) A member may not hold office as a member for a total period in excess of 8 years.

5 Remuneration of and allowances for members

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.

6 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 Minister under this clause or by the Governor under Part 8 of the Public Sector Management Act 1988 , or
(e) 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
(f) becomes a mentally incapacitated person, or
(g) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or
(h) engages directly in the practice of psychosurgery, or
(i) holds office as a member for a total period in excess of 8 years.
(2) The Minister may remove a member from office at any time.

7 Filling of vacancy in office of member

If the office of a member becomes vacant, a person who holds the same qualification, if any, and is nominated in the same manner, if any, as the member whose office has become vacant is, subject to this Act, to be appointed to fill the vacancy.

8 Effect of certain other Acts

(1) The Public Sector Management Act 1988 does not apply to the appointment of a member and a member is not, as a member, subject to that Act (except Part 8).
(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.
(3) The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.

9 Liability of members

A matter or thing done by a member in good faith for the purpose of executing this Act does not subject the member personally to any action, liability, claim or demand.



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