New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"board" means the board of the development corporation.
"member" means any member of the board.
(1) One of the members appointed by the Governor shall, by the instrument of the member's appointment or by a subsequent instrument executed by the Governor, be appointed as Chairperson of the board to hold office during the member's term of office as a member.
(1) A member who, by the instrument of the member's appointment, is also appointed as Chairperson shall, subject to this Act, be appointed for such term, not exceeding 5 years, as may be specified in the instrument of the member's appointment.
(2) A member (not being a member referred to in subclause (1) or a chief executive) shall, subject to this Act, be appointed for such term, not exceeding 3 years, as may be specified in the instrument of the member's appointment.
(3) A member, upon the effluxion of the period of time fixed in the instrument of appointment in accordance with the preceding provisions of this clause, if otherwise qualified, shall be eligible for reappointment from time to time.
(4) Any such reappointment shall be for such term, in accordance with subclause (1) or (2), as the case may be, as may be specified in the instrument of reappointment.
(2) Each appointed member shall receive such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
(3) Where, by or under any Act, provision is made requiring the holder of an office specified therein to devote the whole of the holder's time to the duties of the holder's office, or prohibiting the holder from engaging in employment outside the duties of the holder's office, that provision shall not operate to disqualify the holder from holding that office and also the office of a member under this Act or from accepting and retaining any remuneration or allowances payable to a member under this clause.
(4) The office of a member shall not, for the purposes of any Act, be deemed to be an office or place of profit under the Crown.
The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to an appointed member.
(1) An appointed member shall be deemed to have vacated office--(a) if the member dies,(c) if the member 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, allowances or estate for their benefit,(d) if, being the Chairperson, the member is absent from 2 consecutive ordinary meetings of the development corporation of which reasonable notice has been given, either personally or in the course of post, unless on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for his or her absence from those meetings,(e) if, being a member other than the Chairperson, the member is absent from four consecutive ordinary meetings of the development corporation of which reasonable notice has been given, either personally or in the course of post, unless on leave granted by the Minister or, unless, before the expiration of four weeks after the last of those meetings, the member is excused by the Minister for his or her absence from those meetings,(f) if the member becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act,(g) if he or she is convicted in New South Wales of an indictable 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,(h) if the member resigns office by writing under the member's hand addressed to the Governor,(i) if the member declines office, or(j) if the member is removed from office by the Governor.
(2) The Governor may, for any cause which appears to the Governor to be sufficient, remove any appointed member from office.
(1) On the occurrence of a vacancy in the office of an appointed member, the Governor may appoint a person to hold that office for the balance of his or her predecessor's term of office.
(1) Subject to subclause (2), the quorum for a meeting of the board is--(a) if the board has an even number of members--one half of that number, and(b) in any other case--a majority of its members.
(2) One of the members referred to in subclause (1) shall be the Chairperson or, in the Chairperson's absence, the chief executive.
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.
(1) The Chairperson (or, in the absence of the Chairperson, a person elected by the members of the board who are present at a meeting of the board, not being the chief executive) is to preside at a meeting of the board.
(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 board at which a quorum is present is the decision of the board.
(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 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 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 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 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 the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The board must--
(a) cause full and accurate minutes to be kept of the proceedings of each meeting of the board, and
(b) submit a copy of those minutes to the Minister within one week after the date of the meeting.
(1) The board may establish committees to assist it in the exercise of its functions.
(2) The board (or a committee of a board referred to in subclause (1) with the approval of the board) may establish sub-committees to assist a committee in the exercise of such of the committee's functions as are referred to the sub-committee by the board (or by the committee with the approval of the board).
(3) It does not matter that any or all of the members of a committee or a sub-committee are not members of the board.
(4) Unless determined otherwise by the board, the procedure of a committee or a sub-committee is to be the same as for the board.
In any proceedings by or against the development corporation no proof shall be required (until evidence is given to the contrary) of--
(a) the constitution of the development corporation,
(b) any resolution of the board of the development corporation,
(c) the appointment of any member, or
(d) the presence of a quorum at any meeting of the board of the development corporation.