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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 17 September 2019 at 18:20)
Schedule 5
Schedule 5 Local Government Grants Commission
(Section 614 (6))
Part 1 The commissioners
1   Term of office
Subject to this Part, each commissioner holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment and (if otherwise qualified) is eligible for re-appointment.
2   Acting commissioner
(1)  The Minister may, from time to time, appoint a person to act in the office of a commissioner (other than the deputy chairperson) during the illness or absence of the commissioner (or during a vacancy in that office) and may revoke any such appointment.
(2)  A person appointed under this clause to act as a commissioner has the functions of the commissioner in whose place the person is acting and is taken to be a commissioner.
(3)  However, a person acting in place of a commissioner who is also the chairperson does not have the commissioner’s functions as chairperson.
3   Remuneration
(1)  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 or acting commissioner.
(2)  However, a commissioner or acting commissioner who is employed in the Public Service is entitled to be paid only travelling and subsistence allowances.
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, 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 commissioner or from accepting and retaining any remuneration payable to the person under this Act as such a commissioner.
(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 a commissioner becomes vacant if the 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)  is removed from office by the Governor under this clause.
(2)  The Governor may remove a commissioner from office at any time.
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, subject to this Part, to be appointed 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 Grants Commission
7   Procedure for calling meetings of the Grants Commission
(1)  The procedure for the calling of meetings of the Grants Commission and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as the Grants Commission determines.
(2)  The Grants Commission is required to meet at least once in each year and at such other times as the Minister specifies or the Commission considers necessary.
8   Presiding commissioner
(1)  The chairperson or, in the absence of the chairperson, the deputy chairperson is to preside at a meeting of the Grants Commission.
(2)  The person presiding at a meeting of the Grants Commission has a deliberative vote and, in the event of an equality of votes, has a casting vote.
9   Quorum
The quorum for a meeting of the Grants Commission is 3 commissioners.
10   Decision of the Grants Commission
A decision supported by a majority of the votes cast at a meeting of the Grants Commission at which a quorum is present is the decision of the Grants Commission.