New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 18 (1))
In this Schedule--
"Chairperson" means the Chairperson of the Redistribution Panel.
"member" means any member of the Redistribution Panel.
(1) A person is not eligible for appointment as Chairperson if the person is (or was at any time during the period of 5 years immediately preceding the proposed appointment) any of the following--(a) a member or officer of a party,(b) a member of any legislature (in Australia or in any other country) or a candidate for election as such a member,(c) a councillor or mayor of a council, or the chairperson or a member of a county council, under the Local Government Act 1993 or a candidate for election to such an office,(d) a party agent or official agent under the Electoral Funding Act 2018 .
(2) A person who is a member of a public authority constituted by an Act or of the governing body of any such public authority is also not eligible for appointment as Chairperson.
Subject to this Schedule, the Chairperson holds office for such period (not exceeding 7 years) as is specified in the Chairperson's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
Members hold office as part-time members.
(1) The Chairperson is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.
(2) A member (other than the Chairperson) is not entitled to be paid remuneration in relation to that membership.
(3) However, a member is entitled to be paid such travelling and subsistence allowances as the Minister may from time to time determine in respect of the member.
(1) The office of Chairperson becomes vacant if the Chairperson--(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 Governor, or(d) is removed from office by the Governor under clause 7, or(e) is absent from 3 consecutive meetings of the Redistribution Panel of which reasonable notice has been given to the member personally or by post, except on leave granted by the Governor, 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, or(i) is imprisoned in respect of a conviction for an offence punishable in New South Wales by imprisonment or for an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence so punishable, or(j) becomes a person who is not eligible to be appointed as Chairperson.
(2) Section 47 (1) (b) of the Interpretation Act 1987 does not apply to, or to the office of, the Chairperson.
A Chairperson may be suspended from office by the Governor for misbehaviour or incompetence, but cannot be removed from office except in the following manner--
(a) the Minister is to cause to be laid before each House of Parliament a full statement of the grounds of suspension within 7 sitting days of that House after the suspension,
(b) a Chairperson suspended under this clause is restored to office by force of this Act unless each House of Parliament at the expiry of the period of 21 sitting days from the day when the statement was laid before that House declares by resolution that the Chairperson ought to be removed from office,
(c) if each House of Parliament does so declare within the relevant period of 21 sitting days, the Chairperson is to be removed from office by the Governor accordingly.
If the office of Chairperson 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 of the Redistribution Panel.
(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 Chairperson or from accepting and retaining any remuneration payable to the person under this Act as Chairperson.
(1) A matter or thing done or omitted to be done by the Redistribution Panel, a member of the Redistribution Panel or a person acting under the direction of the Redistribution 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.
(2) However, any such liability attaches instead to the Crown.
The procedure for the calling of meetings of the Redistribution Panel and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Redistribution Panel.
The quorum for a meeting of the Redistribution Panel is a majority of its members for the time being, one of whom must be the Chairperson.
(1) The Chairperson is to preside at a meeting of the Redistribution Panel.
(2) The presiding member 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 Redistribution Panel at which a quorum is present is the decision of the Redistribution Panel.
(1) The Redistribution Panel may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Redistribution Panel for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Redistribution Panel made at a meeting of the Panel.
(2) The Redistribution Panel may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone or other electronic 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 other member have the same voting rights as they have at an ordinary meeting of the Redistribution Panel.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Redistribution Panel.
(5) Papers may be circulated among the members for the purposes of subclause (1) by electronic means.
The Minister may call the first meeting of the Redistribution Panel in such manner as the Minister thinks fit.