New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"Chairperson" means the Chairperson of the Review Panel.
"Secretary" has the same meaning as it has in Part 4B.
"member" means any member of the Review Panel.
(1) Neither the appointment of a person who is a Magistrate as Chairperson or acting Chairperson, nor the person's service as Chairperson or acting Chairperson, affects--(a) the person's tenure of the office of a Magistrate, or(b) the person's rank, title, status, precedence, salary or other rights or privileges as a holder of the office of a Magistrate.
(2) A person who is a Magistrate may exercise the powers of a Magistrate even though the person is Chairperson or acting Chairperson.
(3) Service of a Magistrate as Chairperson or acting Chairperson is, for all purposes, taken to be service as a Magistrate.
(1) The Minister may, from time to time, appoint a person to act in the office of a member during the illness or absence of the member, and the person, while so acting, has and may exercise all the functions of the member and is taken to be the member.
(2) A person may be appointed to act in the office of a member only if the person is qualified to be appointed to the particular office.
(3) The Minister may remove any person from any office to which the person was appointed under this clause.
(4) A person, while acting in the office 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) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence from the office of the member.
(1) A nominee of the Secretary is to attend meetings of the Review Panel but is not entitled to vote at any such meeting.
(2) The function of the nominee is to provide advice to the Review Panel about policies and procedures of the Department and any other matter relating to the administration of juvenile justice.
(3) The Review Panel is not to conduct a meeting in the absence of the nominee.
Subject to this Schedule and the regulations, a member holds office for such period (not exceeding 2 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
Members hold office on a part-time basis.
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.
(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, 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) becomes a mentally incapacitated person, or(g) 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(h) ceases to hold the qualifications necessary for appointment to the office to which the member was appointed.
(2) The Minister may remove a member from office at any time.
If the office of a member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(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.
A matter or thing done or omitted to be done by the Review Panel, a member of the Review Panel or a person acting under the direction of the Review Panel does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.
The procedure for the calling of meetings of the Review Panel and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Secretary.
The quorum for a meeting of the Review Panel is a majority of its members for the time being.
The Chairperson is to preside at a meeting of the Review Panel.
(1) A decision supported by a majority of the votes cast at a meeting of the Review Panel at which a quorum is present is the decision of the Review Panel.
(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
(1) The Review Panel may, with the approval of the Secretary, transact any of its business by the circulation of papers among all the members of the Review Panel for the time being, and a resolution in writing approved in writing by a majority of the members is taken to be a decision of the Review Panel.
(2) The Review Panel may, with the approval of the Secretary, 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 any member who speaks on a matter before 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 member have the same voting rights as they have at an ordinary meeting of the Review Panel.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Review Panel.
(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.