New South Wales Consolidated Acts

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VICTIMS RIGHTS AND SUPPORT ACT 2013 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to Victims Advisory Board

(Section 110)

1 Definitions

In this Schedule--

"Board" means the Victims Advisory Board.

"member" means a member of the Board, other than the Chairperson of the Board.

2 Terms of office of members

Subject to this Schedule, a member holds office for such period (not exceeding 3 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3 Allowances of members

A member (other than a member who is employed by a Government agency) is entitled to be paid such allowances as the Minister may from time to time determine in respect of the member.

4 Deputies

(1) The Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.
(2) In the absence of a member, the member's deputy--
(a) may, if available, 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) A person (other than a person employed by a Government agency) while acting in the place of a member is entitled to be paid such allowances as the Minister may from time to time determine in respect of the person.

5 Vacancy in office of 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 by the Minister, or
(e) is absent from 4 consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post, except on leave granted by the Board or unless the member is excused by the Board 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 Minister may remove a member from office at any time.

6 Filling of vacancy in office of member

If the office of any member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

7 Effect of certain other Acts

(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to 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 allowance payable to the person under this Act as a member.

8 General procedure

The procedure for the calling of meetings of the Board and for the conduct of those meetings is, subject to this Schedule and the regulations, to be determined by the Board.

9 Quorum

The quorum for a meeting of the Board is a majority of the members (including the Chairperson) for the time being.

10 Presiding member

(1) The Chairperson (or, in the absence of the Chairperson, a member elected to chair the meeting by the members present) is to preside at a meeting of the Board.
(2) The person presiding has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

11 Voting

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.

12 First meeting

The Minister may call the first meeting of the Board in such manner as the Minister thinks fit.



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