New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"Chair" means the Chair of the Council;
"host Attorney-General" means the host Attorney-General for this Law (the
Attorney-General of Victoria);
"member" means a member of the Council.
(1) The Council is to consist of 5 members drawn from participating jurisdictions, as follows--(a) 1 member appointed by the host Attorney-General on the recommendation of the Law Council of Australia;(b) 1 member appointed by the host Attorney-General on the recommendation of the Australian Bar Association;(c) 2 members appointed by the host Attorney-General on the recommendation of the Standing Committee on the basis of their expertise in one or more of the following areas--(i) the practice of law;(ii) the protection of consumers;(iii) the regulation of the legal profession;(iv) financial management;(d) 1 member appointed as the Chair by the host Attorney-General on the recommendation of the Standing Committee made in accordance with subclause (2).
(2) In recommending a person to the host Attorney-General for appointment as the Chair, the Standing Committee must ensure that--(a) it has consulted with the President of the Law Council of Australia and the President of the Australian Bar Association; and(b) the President of the Law Council of Australia and the President of the Australian Bar Association have had an opportunity to nominate candidates for appointment as the Chair; and(c) it does not recommend a person without the concurrence of the President of the Law Council of Australia and the concurrence of the President of the Australian Bar Association.
(3) The Standing Committee must ensure that the members are appointed so that, as far as practicable, the members reflect a balance of participating jurisdictions and a balance of expertise.
(4) A member does not have a representational role in relation to any particular area of expertise or in relation to any particular organisation or jurisdiction.
(1) Subject to this Schedule, a member holds office for the operational term of the Council specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for reappointment.Note: An operational term of the Council is 3 years--see section 395(4).
(3) A person appointed as a member to fill a vacancy during an operational term holds office for the balance of the period for which his or her predecessor was appointed.
(4) A member cannot hold office for periods, whether consecutive or non-consecutive, that total more than 6 years.
(5) A member may be appointed for a shorter period than that referred to in subclause (1), (2) or (3), to ensure the member does not hold office for periods that total more than 6 years.
(1) The Standing Committee must ensure that--(b) over a cycle of two operational terms of the Council, at least one member is drawn from each participating jurisdiction.
(2) The Standing Committee is to arrange for consultation to take place between representatives of the Law Council of Australia, the Australian Bar Association and the Standing Committee to ensure compliance with subclause (1).
Note: A memorandum of understanding between the Standing Committee and the Law Council of Australia and the Standing Committee and the Australian Bar Association is intended to provide for all the parties to work together to bring about the result set out in this clause.
(1) The office of a member becomes vacant if he or she--(a) completes a term of office and is not reappointed; or(b) resigns the office by written instrument addressed to the host Attorney-General; or(c) has his or her appointment terminated by the host Attorney-General under this clause; or(d) dies.
(2) The host Attorney-General may, at any time, terminate the appointment of a member--(a) for incapacity, incompetence, misbehaviour or unsatisfactory performance; or(b) for contravening a condition of the member's appointment contained in his or her instrument of appointment; or(c) without limitation, if--(i) the member has been found guilty of an offence (whether in Australia or elsewhere) that, in the opinion of the host Attorney-General, renders the member unfit to continue to hold the office of member; or(ii) the member becomes an insolvent under administration.
(3) The functions of the host Attorney-General under this clause are to be exercised after consultation with the Standing Committee.
(1) If--(a) the office of a member becomes vacant because the member has completed the member's term of office; and(b) the member has not yet served a total of 6 years as a member--the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member).
(2) However, this clause ceases to apply to the member if--(a) the member resigns the member's office by instrument in writing addressed to the host Attorney-General; or(b) the host Attorney-General determines that the services of the member are no longer required.
(3) The maximum period for which a member is taken to continue to be a member under this clause after completion of the member's term of office is 6 months or the unexpired portion of the maximum 6-year term, whichever is the shorter.
(4) The functions of the host Attorney-General under this clause are to be exercised after consultation with the Standing Committee.
A member is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Standing Committee may from time to time determine with respect to the member.
(1) If--(a) a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Council; 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 Council.
(2) Particulars of any disclosure made under this clause must be recorded by the Council.
(3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Standing Committee or the Council otherwise determines--(a) be present during any deliberation of the Council with respect to the matter; or(b) take part in any decision of the Council with respect to the matter.
(4) For the purposes of the making of a determination by the Council under subclause (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not--(a) be present during any deliberation of the Council for the purpose of making the determination; or(b) take part in the making by the Council of the determination.
(5) A contravention of this clause does not invalidate any decision of the Council.
The procedure for the calling of meetings of the Council and for the conduct of business at those meetings is, subject to this Law, to be as determined by the Council.
The quorum for a meeting of the Council is a majority of its members.
The Chief Executive Officer of the Council may attend meetings of the Council and may participate in discussions of the Council, but is not entitled to vote at a meeting.
(1) The Chair (or, in the absence of the Chair, a person elected by the members of the Council who are present at a meeting of the Council) is to preside at a meeting of the Council.
(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 Council at which a quorum is present is the decision of the Council.
(1) The Council may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Council 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 Council.
(2) The Council 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 Chair and each member have the same voting rights as they have at an ordinary meeting of the Council.
(4) Papers may be circulated among the members for the purposes of subclause (1) by facsimile, email or other transmission of the information in the papers concerned.
A decision of the Council is not invalidated by any defect or irregularity in the appointment of any member of the Council.
The Chair may call the first meeting of the Council in any manner the Chair thinks fit.
(1) The office of Chief Executive Officer of the Council is established.
(2) The Chief Executive Officer of the Council is to administer the affairs of the Council in accordance with the policies and directions of the Council.
(3) The functions of the Chief Executive Officer of the Council are exercised by the Commissioner.
(4) A person cannot otherwise be appointed to be or to act as the Chief Executive Officer of the Council.
(1) Persons may be employed in the Public Service of New South Wales under the Government Sector Employment Act 2013 of New South Wales to enable the Council to exercise its functions.
(2) Despite section 7 of this Law--(a) the Interpretation Act 1987 of New South Wales; and(b) any other relevant Acts of New South Wales relating to the interpretation of legislation of New South Wales--apply to the interpretation of the Government Sector Employment Act 2013 of New South Wales for the purposes of this clause.
The Chief Executive Officer of the Council may arrange for the services of any of the following persons to be made available to the Council in connection with the exercise of its functions--
(a) members of the staff of a government authority;
(b) members of the staff of a local regulatory authority;
(c) members of the staff of the Commissioner.
(1) The Chief Executive Officer of the Council may engage persons with suitable qualifications and experience as consultants or contractors for the purpose of providing services to the Council.
(2) The terms and conditions of engagement of consultants or contractors are as decided by the Council from time to time.
(1) The Admissions Committee is to consist of 7 persons drawn from participating jurisdictions and appointed by the Council, as follows--(a) 2 current or former Supreme Court Judges from different jurisdictions nominated by the Chief Justice of the host jurisdiction for this Law with the concurrence of the Chief Justice of each other participating jurisdiction;(b) 1 person nominated by the Law Council of Australia, who has expertise or experience in legal practice;(c) 1 person nominated by the Australian Bar Association, who has expertise or experience in legal practice;(d) 2 persons from different jurisdictions, each of whom is nominated by--(i) the Dean of a Law School or of a Faculty of Law or the head of an institution that provides practical legal training; or(ii) a person who is of equivalent status or who has equivalent functions;(e) 1 person, nominated by the Standing Committee, who--(i) is an officer or employee of a government department who has expertise or experience in regulating the legal profession or in monitoring or developing policy relating to the legal profession; or(ii) has expertise or experience in developing policy standards for admission or in accrediting education courses or institutions.
(2) The Council must ensure that there is at least one member of the Admissions Committee from each participating jurisdiction.
(3) The Standing Committee is to alternate its nomination of a person under subclause (1)(e) between participating jurisdictions unless it decides not to do so.
(4) A member does not have a representational role in relation to any particular group or body to which the member belongs or in relation to any particular jurisdiction or jurisdictions.
(5) The terms on which members of the Admissions Committee are appointed and hold their positions on the committee are to be as determined from time to time by the Council.
(6) The procedures of the Admissions Committee are as determined by the Committee.
(7) The Admissions Committee may appoint a member of the Committee as its Chair.
(1) The Council may establish one or more advisory committees to provide advice, recommendations or assistance to the Council in the exercise of the Council's functions.
(2) Membership of an advisory committee is to include persons with relevant expertise and experience, including relevant expertise and experience in any of the following--(a) courts or court administration;(b) consumer interest groups;(c) legal education institutions;(d) insurance providers;(e) the Australian legal profession;(f) government.
(3) Membership of an advisory committee may, but need not, include one or more members of the Council.
(4) The terms on which members of an advisory committee are appointed and hold their positions on the committee are to be as determined from time to time by the Council.
(5) The procedures of an advisory committee are as determined by the committee.
(1) The Council may establish other committees, which may include persons who are not members of the Council.
(2) The appointment and tenure of members of a committee and its charter are to be as determined from time to time by the Council.
(3) The procedures of a committee are as determined by the committee.
(1) A member of a committee (other than the Admissions Committee) is entitled to be paid the remuneration (including travelling and subsistence allowances), if any, that the Council may from time to time determine with respect to the member.
(2) A member of the Admissions Committee is entitled to be paid the remuneration (including travelling and subsistence allowances), if any, that the Standing Committee may from time to time determine with respect to the member.
Committees established by the Council are committees of the Council.
(1) The Council must, within 4 months after the end of each financial year, submit an annual report for the financial year to the Standing Committee.
(2) The annual report must include a financial statement for the Council for the period to which the report relates.
(3) The financial statement is to be prepared in accordance with Australian Accounting Standards .
(4) The financial statement is to be audited and a report is to be provided by the auditor.
(4A) The financial statement may be combined with the financial statement required by clause 10 of Schedule 2.
(5) The Standing Committee is to make arrangements for the tabling of the annual report of the Council, and the report of the auditor with respect to the financial statement in the report, in the Parliament of each participating jurisdiction.
(6) The Standing Committee may extend, or further extend, the period for submission of an annual report to the Committee by a total period of up to 2 months.