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Contents (1998 - 17)
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State Records Act 1998 No 17
Current version for 29 June 2018 to date (accessed 22 May 2019 at 23:38)
Schedule 2
Schedule 2 Provisions relating to constitution and procedure of the Board
(Section 69)
Part 1 Constitution
1   Definition
In this Schedule:
member means a member of the Board.
2   Terms of office of members
(1)  Subject to this Schedule, a 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. A person is not eligible to be appointed as a member for more than 2 consecutive terms of office, except as the regulations may otherwise permit in a particular case.
(2)  For the purposes of the calculation of a member’s consecutive terms of office only, if:
(a)  a person is appointed under clause 6 to fill the office of a member that has become vacant otherwise than by the expiration of the member’s term of office, and
(b)  the person is appointed for the balance of his or her predecessor’s term of office,
the appointment does not constitute (and is taken never to have constituted) an appointment for a term of office.
3   Remuneration of members
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 member.
4   Deputies for members
(1)  The Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may 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 a member.
(3)  The deputy of a member who is Chairperson or Deputy Chairperson of the Board does not have the member’s functions as Chairperson or Deputy Chairperson.
(4)  A person while acting in the place 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.
5   Vacancy in office of member
(1)  The office of a 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 by the Governor under Part 6 of the Government Sector Employment Act 2013, or
(e)  is absent 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 Board or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Board 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 a member from office at any time.
6   Filling of vacancy in office of member
If the office of any member becomes vacant, a person must be appointed, subject to this Act, to fill the vacancy.
7   Chairperson and Deputy Chairperson
A person who is a member and Chairperson or Deputy Chairperson of the Board vacates office as Chairperson or Deputy Chairperson if the person ceases to be a member.
8   Disclosure of pecuniary interests by members
(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 Board, 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 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 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 Board 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 Board.
(4)  After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines:
(a)  be present during any deliberation of the Board with respect to the matter, or
(b)  take part in any decision of the Board with respect to the matter.
(5)  For the purpose of the making of a determination by the Board 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 Board for the purpose of making the determination, or
(b)  take part in the making by the Board of the determination.
(6)  A contravention of this clause does not invalidate any decision of the Board.
9   Committees
(1)  The Board may establish committees to assist it in connection with the exercise of any of its functions.
(2)  A person may be appointed to be a member of such a committee whether or not the person is a member.
(3)  The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is, subject to the regulations, to be as determined by the Board or (subject to any determination of the Board) by the committee.
10   Effect of certain 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 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 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.
Part 2 Procedure
11   General procedure
The procedure for the calling of meetings of the Board and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Board.
12   Quorum
The quorum for a meeting of the Board is 5 members.
13   Presiding member
(1)  The Chairperson of the Board (or, in the absence of the Chairperson, the Deputy Chairperson) is to preside at a meeting of the Board. In the absence of both the Chairperson and Deputy Chairperson at a meeting of the Board, another member elected to chair the meeting by the members present is to preside.
(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.
14   Voting
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.
15   Transaction of business outside meetings or by telephone
(1)  The Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board, and a resolution in writing approved in writing by a majority of the members is taken to be a decision of the Board.
(2)  The Board 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 a member who speaks on a matter at 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 other member have the same voting rights as they have at an ordinary meeting of the Board.
(4)  A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Board.
(5)  Papers may be circulated among members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
16   First meeting
The Minister may call the first meeting of the Board in such manner as the Minister thinks fit.