7Appointment etc of
members
(1)
The Authority shall consist of 6 members of
whom:
(a)
4 shall be appointed by the
Governor,
(a1)
one is to be the Director, Properties, of the
Department of School Education,
(b)
(c)
one shall be the person appointed as referred to
in section 12 (1) to, or acting in, a position the principal duty of which is
the management of the Authority’s activities.
(1A)
The member referred to in subsection (1) (a1) is
to be the Chairperson of the Authority.
(2)
Of the members of the Authority appointed by the
Governor:
(a)
one is to be nominated by the Director-General of
the Department of School Education, being an officer of that Department
serving in the western or north western region of the
State,
(b)
one is to be nominated by the Managing Director
of the TAFE Commission and is to be a senior financial manager of that
Commission,
(c)
one shall be nominated by the Minister for
Education from panels submitted by associations of teachers registered under
the Industrial Relations Act 1996, within
such period as that Minister from time to time directs by notice in writing
given to those associations, and
(d)
one shall be nominated by the Minister for
Housing and shall, in and by the instrument by which the member is appointed,
be appointed to be the Deputy Chairperson of the
Authority.
(3)
A panel referred to in subsection (2) (c):
(a)
shall comprise the names of not less than five
teachers each of whom is employed in a region, and
(b)
shall not contain the name of more than one
teacher employed in the same region as regions are established at the time the
Minister for Education gives the notice referred to in subsection (2)
(c).
(4)
If:
(a)
in the opinion of the Minister for Education
there is no association referred to in subsection (2) (c),
or
(b)
no panel constituted as referred to in subsection
(3) is submitted to that Minister within the time specified in the notice
referred to in subsection (2) (c),
the Governor may appoint a teacher who resides in a
region at the time the appointment is made and who is nominated by the
Minister for Education to be the member referred to in subsection (2) (c)
instead of the member required to be nominated from a
panel.
(5), (6)
(7)
The Secretary of the Ministry of Education may
appoint a person to act in the place of the member referred to in subsection
(1) (c) while that member is from time to time absent from that office through
illness or any other cause, and the person so appointed shall, while so
acting, be deemed to be a member and shall have the immunities, powers,
authorities, duties and functions of that member.
(8)
No person shall be concerned to inquire whether
or not any occasion has arisen requiring or authorising a person to act in the
place of a member in accordance with subsection (7) and all things done or
omitted by the person while so acting shall be as valid and effectual and
shall have the same consequences as if they had been done or omitted by the
member.
s 7: Am 1987 No 14,
Schs 1 (2), 2 (2); 1990 No 108, Sch 1; 1994 No 32, Sch 1; 1994 No 95, Sch 1;
1996 No 121, Sch 4.57.
10Provisions relating to members
generally
(1)
An appointed member shall, subject to this Act,
hold office for such term, not exceeding 5 years, as is specified in the
instrument of the member’s appointment and shall, if otherwise
qualified, be eligible for re-appointment.
(2)
On the occurrence of a vacancy in the office of a
member appointed by the Governor otherwise than by the expiration of the term
for which the member was appointed, the Governor may appoint a person to hold
office as a member for the balance of his or her predecessor’s term of
office, being a person qualified and nominated under the same paragraph of
section 7 (2) as the predecessor.
(3)
The Governor may appoint a person other than a
member, being a person qualified and nominated under the same paragraph of
section 7 (2) as the member, to act in the member’s place while that
member is from time to time absent from that office through illness or any
other cause, and the person so appointed shall, while so acting, be deemed to
be a member and shall have the immunities, powers, authorities, duties and
functions of the member in whose place the person has been appointed to
act.
(4)
(5)
The provisions of the Public Service Act
1979 and the Teaching Services
Act 1980 do not apply to or in respect of the appointment
of a member and a member is not, in the member’s capacity as a member,
subject to the provisions of either of those Acts during the member’s
term of office.
(5A)
Where by or under any other Act provision is
made:
(a)
requiring a person who is the holder of a
specified office to devote the whole of the person’s time to the duties
of that office, or
(b)
prohibiting the person from engaging in
employment outside the duties of that office,
that 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.
(6)
A member of the Authority 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.
(7)
In the case of the absence through illness or any
other cause of the Chairperson, the Deputy Chairperson shall act in the
Chairperson’s place, and while so acting shall be deemed to be the
Chairperson and shall have the immunities, powers, authorities, duties and
functions of the Chairperson.
(8)
No person shall be concerned to inquire whether
or not any occasion has arisen requiring or authorising a person to act in the
place of a member in accordance with subsection (3), or the Deputy Chairperson
to act in the place of the Chairperson in accordance with subsection (7), and
all things done or omitted by the person or the Deputy Chairperson while so
acting shall be as valid and effectual and shall have the same consequences as
if they had been done or omitted by the member or the Chairperson, as the case
may be.
s 10: Am 1976 No 4,
Sch 5; 1980 No 24, Sch 2; 1980 No 187, Sch 1; 1987 No 14, Schs 1 (5), 2 (3);
1988 No 30, Sch 1; 1989 No 226, Sch 1; 1990 No 108, Sch 1.
11Vacation of
office
(1)
A member shall be deemed to have vacated the
member’s office:
(a)
if the member dies,
(b), (c)
(d)
if the member is absent from four consecutive
ordinary meetings of the Authority of which reasonable notice has been given
the member either personally or in the ordinary course of post unless on leave
granted by the Authority or unless the member is, before the expiration of
four weeks after the last of those meetings, excused by the Authority for the
member’s absence from those meetings,
(e)
if the member becomes bankrupt, applies to take
the benefit of any law for the relief of bankrupt or insolvent debtors,
compounds with the member’s creditors or makes any assignment of the
member’s remuneration or allowances, or of the member’s estate,
for their benefit,
(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 the member’s office
by writing under the member’s hand addressed to the Governor and the
Governor accepts the resignation,
(i)
if, at any meeting of the Authority at which the
member is present and at which any agreement or proposed agreement in which
the member has a direct or indirect pecuniary interest, or any other matter in
which the member has such an interest, is the subject of consideration or is
included on the agenda for consideration:
(i)
the member fails, as soon as practicable after
the commencement of the meeting, to disclose to the meeting the member’s
interest in, or
(ii)
the member takes part in the consideration or
discussion of, or votes on any question with respect
to,
the agreement, proposed agreement or other
matter,
(j)
if, by virtue of the member’s office as a
member, the member accepts or acquires any personal profit or advantage
otherwise than under this or any other Act,
(k)
if, being a member referred to in section 7 (1)
(a1) or (c), the member ceases to be qualified as provided by section 7 (1)
(a1) or (c), or
(l)
if, not being a member referred to in section 7
(1) (a1) or (c), the member is removed from office by the
Governor.
(m), (n)
(2)
The Governor may, for any cause which to the
Governor seems sufficient, remove any member (other than the member referred
to in section 7 (1) (a1) or (c)) from office.
(2A)
(3)
Where:
(a)
a member has, for the purposes of the Corporations
Act 2001 of the Commonwealth, a relevant interest in a
share in a company all or any of the shares in which are listed for quotation
on the official list of a stock exchange in Australia, and
(b)
the company has a direct or indirect pecuniary
interest in any agreement or proposed agreement or in any other matter the
subject of consideration at a meeting of the
Authority,
the member does not, by reason only of that relevant
interest, have a direct or indirect pecuniary interest in that agreement,
proposed agreement or other matter.
s 11: Am 1976 No 4,
Sch 5; 1980 No 187, Sch 1; 1987 No 14, Schs 1 (6), 2 (4); 1989 No 226, Sch 1;
1990 No 108, Sch 1; 1994 No 95, Sch 1; 1999 No 94, sec 7 (1) and Sch 5, Part
1; 2001 No 34, Sch 2.51.