Education Standards Authority Act 2013 No 89
Schedule 1 Provisions relating to members and procedure of Board
(Section 6 (7))
In this Schedule:member means any member of the Board.
2 Terms of office of appointed members
(1) Subject to this Schedule, an appointed member holds office for the period (not exceeding 3 years) specified in the instrument of the member’s appointment, but is eligible (if otherwise qualified) for re-appointment.(2) A person may not be an appointed member for consecutive terms totalling more than 6 years unless the Minister determines otherwise.
3 Alternate members
(1) The Minister may, from time to time, appoint a person to be an alternate member for an appointed member (including the Chairperson and Deputy Chairperson) of the Board.(2) The provisions of this Schedule, with any necessary modifications, apply to and in respect of alternate members in the same way as they apply to members.(3) An alternate member may act in the office of the appointed member for whom he or she is the alternate member during the illness or absence of that member (or a vacancy in the office of that member) and, while so acting, has all the functions of that member and is taken to be that member.
An appointed 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.
5 Filling of vacancy in office of appointed member
If the office of any appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
6 Casual vacancies
(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) is absent from 3 consecutive meetings of the Board of which reasonable notice has been given to the member, 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 being 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 an appointed member from office at any time.
7 Disclosure of pecuniary or other interests
(1) If:(a) a member has, in terms of any guidelines determined by the Board for the purposes of this clause, a direct or indirect pecuniary interest, or any other interest, in a matter being considered or about to be considered at a meeting of the Board, andthe 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.(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,(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, oris 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).(c) has some other specified interest relating to a specified company or other body or to a specified person,(3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister 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.(4) A contravention of this clause does not invalidate any decision of the Board.
8 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 the appointment or office of an appointed member.(2) If by or under any other Act provision is made:(a) requiring a person who is the holder of an office to devote the whole of his or her time to the duties of that office, orthat provision does not operate to disqualify the person from holding that office and also the office of an appointed member or from accepting and retaining any remuneration payable to the person under this Act as a member.(b) prohibiting the person from engaging in employment outside the duties of that office,(3) This clause applies to a member of a committee of the Board in the same way as it applies to an appointed member.
9 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.
The quorum for a meeting of the Board is a majority of the members for the time being.
11 Presiding member
(1) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson (or, in the absence of both, another appointed member elected to chair the meeting by the members present) is to preside at a meeting of the Board.(2) The presiding member 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.
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.
The Board is to cause full and accurate minutes to be kept of the proceedings of each meeting of the Board.
14 Proof of certain matters not required
In any legal proceedings, proof is not required (until evidence is given to the contrary) of:(a) the constitution of the Board, or(b) any resolution of the Board, or(c) the appointment of, or the holding of office by, any member of the Board, or(d) the presence of a quorum at any meeting of the Board.
15 First meeting of the Board
The Minister is to call the first meeting of the Board in such manner as the Minister thinks fit.