New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"member" means the chairperson or other member of the Panel.
"Panel" means the Native Vegetation Panel established under section 60ZE.
(1) A member of the Panel holds office, subject to this Act and the regulations, for such period (not exceeding 3 years) as is specified in the member's instrument of appointment.
(2) A member is eligible (if otherwise qualified) for re-appointment.
The office of a member is a part-time office.
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 Minister may, from time to time, appoint a person to be the alternate of a member, and may revoke any such appointment.
(2) In the absence of a member, the member's alternate may, if available, act in the place of the member.
(3) While acting in the place of a member, a person has all the functions of the member and is taken to be a member.
(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 Minister may from time to time determine in respect of the person.
(5) The alternate of a member who is the chairperson has the member's functions as chairperson.
(1) The Minister may remove a member from office at any time for any reason and without notice. However, the Minister must provide a written statement of the reasons for removing the member from office and make the statement publicly available.
(2) The Minister may remove a member from office if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988 , recommends that consideration be given to the removal of the member from office because of corrupt conduct by 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 under this or any other Act, or(e) is absent from 3 consecutive meetings of the Panel of which reasonable notice has been given to the member, except on leave granted by the Panel or unless the member is excused by the Panel 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) If the office of a member becomes vacant, a person may, subject to this Act and the regulations, 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 the appointment or office 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 Schedule as a member.
The procedure for the calling of meetings of the Panel and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Panel.
The quorum for a meeting of the Panel is 3 members.
(1) The chairperson is to preside at a meeting of the Panel.
(2) The chairperson 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 Panel at which a quorum is present is the decision of the Panel.
(1) The Panel may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the 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 Panel.
(2) The Panel 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 of the Panel have the same voting rights as they have at an ordinary meeting of the Panel.
(4) A resolution approved under subclause (1) is to be recorded in the minutes of the meetings of the Panel.
(5) Papers may be circulated among the members for the purposes of subclause (1) by electronic transmission of the information in the papers concerned.
(1) If--(a) a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of the Panel, 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 Panel.
(2) A member has a pecuniary interest in a matter if the pecuniary interest is the interest of--(a) the member, or(b) the member's spouse or de facto partner or a relative of the member, or a partner or employer of the member, or(c) a company or other body of which the member, or a nominee, partner or employer of the member, is a member.
(3) However, a member is not taken to have a pecuniary interest in a matter as referred to in subclause (2) (b) or (c)--(a) if the member 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 member is a member of, or is employed by, a council or a statutory body or is employed by the Crown, or(c) just because the member is a member of a company or other body that has a pecuniary interest in the matter, so long as the member has no beneficial interest in any shares of the company or body.
(4) A disclosure by a member at a meeting of the Panel that the member, or a spouse, de facto partner, relative, partner or employer of 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).
(5) Particulars of any disclosure made under this clause must be recorded by the Panel and that record must be open at all reasonable hours to inspection by any person.
(6) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Panel otherwise determines--(a) be present during any deliberation of the Panel with respect to the matter, or(b) take part in any decision of the Panel with respect to the matter.
(7) For the purposes of the making of a determination by the Panel under subclause (6), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not--(a) be present during any deliberation of the Panel for the purpose of making the determination, or(b) take part in the making by the Panel of the determination.
(8) A contravention of this clause does not invalidate any decision of the Panel.
The Panel must provide the Minister with such information and reports as the Minister may, from time to time, request.
(1) A matter or thing done, or omitted to be done, by--(a) the Panel, or(b) a member of the Panel, or(c) any individual acting under the direction of the Panel or a member of the Panel,does not subject any such member or individual so acting personally to any action, liability, claim or demand if the matter or thing was done, or omitted to be done, in good faith for the purpose of the exercise of the functions of the Panel.
(2) However, any such liability attaches instead to the Crown.