Schedule 8 Provisions relating to members and procedure of the Council
(Section 44)
In this Schedule:appointed member means a member referred to in section 44 (1) (b).
member means a member of the Council.
(1) The Minister may, from time to time, appoint a person to be the deputy of a member, and may at any time revoke any such appointment.(2) In the absence of a member, the member’s deputy:(a) may, if available, act in the place of the member, and(b) while so acting, has all the functions of the member and is taken to be the member.(3) A person while acting in the place of an appointed member is entitled to be paid such fees and allowances as the Minister may from time to time determine in respect of the person.
3 Terms of office of appointed members
Subject to this Schedule, an appointed member holds office for such term (not exceeding 3 years) as is specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
4 Fees and allowances for appointed members
An appointed member is entitled to be paid such fees and allowances as the Minister from time to time determines in respect of the member.
5 Vacancy in office of appointed 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) becomes a public sector employee (as defined in subclause (3)), or(f) is absent from 3 consecutive meetings of the Council 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 having been absent from those meetings, or(g) 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(h) becomes a mentally incapacitated person, or(i) 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.(3) A public sector employee is a person who is an officer or temporary employee under this Act, or an employee or member of staff of a declared authority.
6 Filling of vacancy in office of appointed member
If the office of an appointed member becomes vacant, a person is, subject to this Act, required to be appointed to fill the vacancy.
A matter or thing done by the Council, a member of the Council or any person acting under the direction of the Council does not, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject the member or a person so acting personally to any action, liability, claim or demand.
8 General procedure for calling and holding meetings of Council
The procedure for the calling and holding of meetings of the Council is to be determined by the Council.
The quorum for a meeting of the Council is 4 of its members.
10 Presiding member and voting rights
(1) The Chairperson of the Council 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 Council.(2) The person presiding at a meeting of the Council 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 Council at which a quorum is present is the decision of the Council.