New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"member" means a member of the Welfare Committee.
(1) Of the members of the Welfare Committee, one is (in and by the member's instrument of appointment or in and by another instrument executed by the Chief Commissioner) to be appointed as chairperson of the Welfare Committee.
(2) The Chief Commissioner may remove a member from the office of chairperson at any time.
(3) A person who is a member and chairperson of the Welfare Committee vacates office as chairperson if the person--(a) is removed from that office by the Chief Commissioner, or(b) resigns that office by instrument in writing addressed to the Chief Commissioner, or(c) ceases to be a member.
(1) The Chief Commissioner may, from time to time, appoint a person to be the deputy of a member, and the Chief Commissioner may revoke any such appointment.
(2) In the absence of a member, the member's deputy--(a) is, if available, to act in the place of the member, and(b) while so acting, has all the functions of the member and is taken to be a member.
(3) The deputy of a member who is chairperson of the Welfare Committee has the member's functions as chairperson.
(4) A person while acting in the place of a member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Chief Commissioner may from time to time determine in respect of the person.
Subject to this Schedule, a member holds office for such period (not exceeding 3 years) as may be specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Chief Commissioner 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 Chief Commissioner, or(d) is removed from office by the Chief Commissioner under this clause, or(e) is absent from 4 consecutive meetings of the Welfare Committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Welfare Committee or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Welfare Committee for having been 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 Chief Commissioner 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) If--(a) a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of the Welfare Committee, and(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,the 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 Welfare Committee.
(2) A disclosure by a member at a meeting of the Welfare Committee 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, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is 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).
(3) Particulars of any disclosure made under this clause must be recorded by the Welfare Committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person at any reasonable time for no charge.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Chief Commissioner or the Welfare Committee otherwise determines--(a) be present during any deliberation of the Welfare Committee with respect to the matter, or(b) take part in any decision of the Welfare Committee with respect to the matter.
(5) For the purpose of the making of a determination by the Welfare Committee under subclause (4), a member who has a pecuniary interest in a matter to which the disclosure relates must not--(a) be present during any deliberation of the Welfare Committee for the purpose of making the determination, or(b) take part in the making by the Welfare Committee of the determination.
(6) A contravention of this clause does not invalidate any decision of the Welfare Committee.
(1) For the purposes of clause 8, a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated as provided by subclauses (3) and (4).
(2) A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter.
(3) A person is taken to have a pecuniary interest in a matter if--(a) the person's spouse or de facto partner or a relative of the person, or a partner or employer of the person, has a pecuniary interest in the matter, or(b) the person, or a nominee, partner or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.
(4) However, a person is not taken to have a pecuniary interest in a matter as referred to in subclause (3)--(a) if the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or(b) just because the person is a member of, or is employed by, a statutory body or is employed by the Crown, or(c) just because the person is a member of a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to the appointment of 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.
(3) The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.
The procedure for the calling of meetings of the Welfare Committee and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Welfare Committee.
The quorum for a meeting of the Welfare Committee is 3 members.
(1) The chairperson of the Welfare Committee or, in the absence of the Chairperson, another member of the Welfare Committee elected to chair the meeting by the members present is to preside at a meeting of the Welfare Committee.
(2) The person presiding at any meeting of the Welfare Committee 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 Welfare Committee at which a quorum is present is the decision of the Welfare Committee.
The Chief Commissioner may call the first meeting of the Welfare Committee in such manner as the Chief Commissioner thinks fit.