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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 17 October 2019 at 11:43)
Schedule 2 Membership and procedure of the Boundaries Commission
(Section 261 (5))
Part 1 The commissioners
1 Term of office
Subject to this Part, each commissioner holds office for 5 years from the date of appointment and (if otherwise qualified) is eligible for re-appointment.
2 Acting commissioners
(1) Whenever a commissioner is absent from his or her office as a commissioner with the leave of the Minister, granted for any particular period or with respect to any particular examination or inquiry, the Minister may appoint as an acting commissioner:(a) if the absent commissioner is the chairperson—a person nominated by the Minister, or(b) if the absent commissioner is the commissioner referred to in section 261 (2) (b)—a person employed in the Department nominated by the Departmental Chief Executive, or(c) if the absent commissioner is a commissioner referred to in section 261 (2) (c), a person selected from the panel constituted under section 262 (1).(2) A person appointed as an acting commissioner in the absence of the chairperson is, while acting as a commissioner, also required to act as chairperson of the Boundaries Commission.(3) An appointment under this clause is to be for such period or with respect to such examination or inquiry as may be specified in the instrument of appointment.(4) A person acting as the chairperson or as a commissioner has the functions of the chairperson or commissioner in whose place the person is acting.
A commissioner or acting commissioner 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 commissioner.
4 Application of other Acts
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a commissioner or acting commissioner.(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, orthe provision does not operate to disqualify the person from holding that office and also the office of commissioner or acting commissioner or from accepting and retaining any remuneration payable to the person under this Act as such a commissioner or acting commissioner.(b) prohibiting the person from engaging in employment outside the duties of that office,(3) The office of commissioner or acting commissioner is not, for the purposes of any Act, an office or place of profit under the Crown.
5 Vacation of office
(1) The office of commissioner or acting commissioner becomes vacant if the commissioner or acting commissioner:(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) becomes a mentally incapacitated person, 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) 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(g) having been appointed as a commissioner or an acting commissioner in his or her capacity as a councillor or a person employed in the Department ceases to be such a councillor or employee, or(h) is removed from office by the Governor under this clause.(2) The Governor may remove a commissioner or acting commissioner from office at any time.(3) A person who vacates office as a commissioner or acting commissioner under subclause (1) (g) because the person is no longer a councillor may, nevertheless, continue to act as a commissioner or acting commissioner for the purposes only of:(a) any examination or inquiry started before the person ceased to be a councillor if, before the person ceased to be a councillor, the person took part as a commissioner or acting commissioner in the proceedings of the Boundaries Commission in respect of the examination or inquiry, and(b) making any report required to be made in relation to the examination or inquiry.
6 Filling of vacancy
(1) If the office of a commissioner becomes vacant, a person nominated or selected in the same manner as the vacating commissioner is to be appointed by the Governor to fill the vacancy.(2) A person appointed under this clause is to hold office for the remainder of his or her predecessor’s term of office.
Part 2 Procedure at meetings of the Boundaries Commission
7 Procedure for calling meetings of the Boundaries Commission
The procedure for the calling of meetings of the Boundaries Commission and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Commission.
8 Chairperson to preside etc
The chairperson is to preside at all meetings of the Boundaries Commission and is required to perform such executive functions as the Boundaries Commission specifies or approves.
The quorum for a meeting of the Boundaries Commission is 2 commissioners (including the chairperson).
(1) A decision supported by a majority of the votes cast at a meeting of the Boundaries Commission at which a quorum is present is the decision of the Boundaries Commission.(2) The person presiding at a meeting of the Boundaries Commission has a deliberative vote and, in the event of an equality of votes, has a casting vote.
11 Disqualification from voting
(1) A commissioner who is a councillor is not entitled to vote on any question relating to the boundaries of the council area for which the commissioner is a councillor.(2) A commissioner who is a councillor must not take part in any examination or inquiry made in relation to the boundaries of the council area for which the commissioner is a councillor. Such a commissioner is to be treated as being absent with the leave of the Minister under clause 2 (1) for the period of the examination or inquiry.
12 Dissenting reports
A commissioner who has dissented on a question may provide a separate report on the question.
13 Boundaries Commission not bound to follow strict legal procedure
The Boundaries Commission is not required to follow strict legal procedure or to observe the rules of law governing the admission of evidence when exercising its functions.