Cemeteries and Crematoria Act 2013 No 105
Subdivision 1 Constitution of Board
16 Board of the Cemeteries Agency
(1) There is to be a Board of the Cemeteries Agency.(2) The Board is to consist of the following members:(a) a person appointed by the Minister by instrument in writing as the Chair of the Board,(b) 3 persons appointed by the Minister by instrument in writing who, in the opinion of the Minister, have professional expertise, qualifications or experience that is relevant to the functions exercisable by the Board,(c) the head of, or a person nominated by the head to represent each of the following:(i) the Department of Planning and Infrastructure,(ii) the Office of Environment and Heritage, Department of Premier and Cabinet,(iii) NSW Fair Trading, Department of Finance and Services,(iv) the Crown Lands Division, Department of Trade and Investment, Regional Infrastructure and Services,(d) a person nominated by the Director General of the Ministry of Health to represent NSW Health,(e) a person who:(i) has knowledge and expertise relevant to local government matters, and(ii) is appointed by the Minister after consultation with the head of, or a person nominated by the head to represent, the Division of Local Government, Department of Premier and Cabinet, Local Government NSW and Local Government Managers Australia, NSW,(f) the Chief Executive Officer.(3) The persons appointed under subsection (2) (b) must include one person nominated by the Combined Pensioners and Superannuants Association of NSW who has knowledge and expertise relevant to consumer and customer advocacy.(4) A person is not eligible to be a voting member of the Board if the person is an interment industry participant.(5) A member referred to in subsection (2) (c), (d), (e) or (f) (a non-voting member) is not entitled to vote on any matter considered by the Board.(6) The Minister is, by an instrument of appointment or a subsequent instrument, to appoint one of the members referred to in subsection (2) (b) as the Deputy Chair of the Board.(7) In this section:interment industry participant means a person who is:(a) a proprietor, partner, shareholder or unit holder of a partnership, company, unit trust scheme or other business or entity that is a cemetery operator, funeral contribution fund, funeral director or other participant in the interment industry, or(b) a director, chief executive officer, manager, member of the management committee or other office holder, or is otherwise involved in the control or management, of such a participant, or(c) is an employee of such a participant.(8) Schedule 1 contains provisions with respect to the members and procedure of the Board.