Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010 No 122
Current version for 2 July 2011 to date (accessed 22 December 2014 at 04:59)
Schedule 1

Schedule 1 Constitution and procedure of Committee

(Section 9 (5))

Part 1 General

1   Definitions

In this Schedule:

appointed member means a member other than the Chairperson.

Chairperson means the Chairperson of the Committee.

member means any member of the Committee.

Part 2 Constitution

2   Terms of office of members

Subject to this Schedule and the regulations, an appointed member holds office for such period (not exceeding 3 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3   Part-time appointments

Appointed members hold office as part-time members.

4   Reimbursement of nominating body

The body that nominated an appointed member is entitled to be reimbursed such amount as the Minister may from time to time determine for time expended by the appointed member in carrying out the functions of a member.

5   Deputies

(1)  The Minister may, from time to time, appoint a person to be the deputy of an appointed member, and may revoke any such appointment.
(2)  A deputy of an appointed member is to be appointed on the nomination of the same body as the body that nominated the appointed member for membership of the Committee.
(3)  In the absence of an appointed member, the member’s deputy may, if available, act in the place of the member.
(4)  While acting in the place of an appointed member, a person has all the functions of the member and is taken to be a member.
(5)  For the purposes of this clause, a vacancy in the office of an appointed member is taken to be an absence of the member.

6   Vacancy in office of member

(1)  The office of an appointed 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
(e)  is absent from 3 consecutive meetings of the Committee of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister 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 remove an appointed member from office at any time.

7   Filling of vacancy in office of appointed member

If the office of any appointed member becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.

8   Disclosure of pecuniary interests

(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 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 Committee.
(2)  A disclosure by a member at a meeting of the 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 Committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Committee.
(4)  After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Committee otherwise determines:
(a)  be present during any deliberation of the Committee with respect to the matter, or
(b)  take part in any decision of the Committee with respect to the matter.
(5)  For the purposes of the making of a determination by the 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 Committee for the purpose of making the determination, or
(b)  take part in the making by the Committee of the determination.
(6)  A contravention of this clause does not invalidate any decision of the Committee.
(7)  This clause applies to a member of a subcommittee of the Committee and the subcommittee in the same way as it applies to a member of the Committee and the Committee.

9   Effect of certain other Acts

(1)  Chapter 2 of the Public Sector Employment and Management Act 2002 does not apply to or in respect of the appointment of an appointed 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 an appointed member or from accepting and retaining any remuneration payable to the person under this Act as a member.

Part 3 Procedure

10   General procedure

The procedure for the calling of meetings of the Committee and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Committee.

11   Quorum

The quorum for a meeting of the Committee is a majority of its members for the time being.

12   Presiding member

(1)  The Chairperson (or, in the absence of the Chairperson, a person elected by the members of the Committee who are present at a meeting of the Committee) is to preside at a meeting of the Committee.
(2)  The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

13   Voting

A decision supported by a majority of the votes cast at a meeting of the Committee at which a quorum is present is the decision of the Committee.

14   Transaction of business outside meetings or by telephone

(1)  The Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the 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 Committee.
(2)  The 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 Committee.
(4)  A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the 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.

15   First meeting

The Minister may call the first meeting of the Committee in such manner as the Minister thinks fit.
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