New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) One of the members of the Board is to be appointed as President of the Board and one is to be appointed as Deputy President of the Board.
(2) The appointment is to be made in and by the relevant instrument of appointment as a member of the Board, or by another instrument executed by the Governor.
(3) A person who is the President or Deputy President vacates office as President or Deputy President if the person:(a) is removed from that office by the Governor under subclause (4),(b) resigns that office by instrument in writing addressed to the Minister, or(c) ceases to be a member.
(4) The Governor may remove a member from the office of President or Deputy President.
(1) The Governor may, from time to time, appoint a person to act in the office of a member of the Board during the illness or absence of the member, and the person, while so acting, has and may exercise all the functions of the member and is taken to be a member.
(2) The Deputy President may act in the office of President during the illness or absence of the President, and while so acting has and may exercise all the functions of the President and is taken to be the President.
(3) The Governor may, from time to time, appoint a member to act in the office of President during the illness or absence of both the President and Deputy President, and the member, while so acting, has and may exercise all the functions of the President and is taken to be the President.
(4) A person is not eligible to be appointed under subclause (1) to act in the office of a member of the Board required to be a registered medical practitioner nominated by a particular body unless the person is a member of that body.
(5) The Governor may remove any person from any office to which the person was appointed under this clause.
(6) A person while acting in the office 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.
(7) For the purposes of this clause, a vacancy in the office of a member, the President or the Deputy President is taken to be an absence from office of the member, President or Deputy President.
(1) Subject to this Schedule, a member of the Board holds office for such period, not exceeding 4 years, as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.
(2) A person may not hold office as a member of the Board for consecutive terms of office totalling more than 12 years.
(1) A member of the Board is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Board may from time to time determine in respect of the member.
(2) A member of the Board is, while sitting on an inquiry, entitled to be paid at a rate determined by the Board.
(3) The Board may pay a member of the Board who performs any service for the Board such amount as the Board considers appropriate.
If the office of any member of the Board becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) A member of the Board vacates office if the member:(a) dies, or(b) absents himself or herself 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 Minister or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for being 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, or(f) ceases to have any qualification necessary for his or her appointment as a member, other than the nomination of a particular person or body, or(g) resigns the office by instrument in writing addressed to the Minister, or(h) is removed from office by the Governor under subclause (2) or (3).
(2) The Governor may remove a member from office.
(3) Without affecting the generality of subclause (2), the Governor may remove from office a member who contravenes the provisions of clause 7.
(1) A member of the Board 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 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 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 which may arise after the date of the disclosure.
(3) The Board is to cause particulars of any disclosure made under this clause to be recorded in a book kept for the purpose and that book must be open at all reasonable hours to the inspection of any person on payment of such fee as may be determined by the Board from time to time.
(4) After a member has, or is taken to have, disclosed the nature of an interest in any matter or thing pursuant to this clause, the member must not, unless the Board otherwise determines:(a) be present during any deliberation of the Board, 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.
(5) Even if a member contravenes the provisions of this clause, the contravention does not invalidate any decision of the Board or the exercise of any function under this Act.
(6) This clause does not apply to or in respect of an interest of a member in a matter or thing which arises merely because the member is a registered medical practitioner.
(7) A reference in this clause to a meeting of the Board includes a reference to a meeting of a committee of the Board.
(1) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of a member of the Board and a member is not, as a member, subject to that Act.
(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 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 Board and for the conduct of business at those meetings is, subject to this Act, as determined by the Board.
Except as otherwise provided by this Act, the quorum for a meeting of the Board is 11 members.
(1) The President or, in the absence of the President, the Deputy President or in the absence of both of them, another member of the Board elected to chair the meeting by the members present, is to preside at a meeting of the Board.
(2) The person presiding at any meeting of the Board 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 Board at which a quorum is present is the decision of the Board.
The Board is to cause full and accurate minutes to be kept of the proceedings of each meeting of the Board.