Commons Management Act 1989

The office of a member of a trust board becomes vacant if the member:

dies, or

completes a term of office and is not re-elected for a further term, or

resigns the office by instrument in writing addressed to the Minister, or

is removed from office by the Minister under this clause, or

is, except on leave granted by the board, absent from 4 consecutive meetings of the board of which reasonable notice has been given to the member personally or in the ordinary course of post, or

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

becomes a mentally incapacitated person, or

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, or

ceases to have the qualifications prescribed by the regulations for enrolment as a commoner.

The Minister may, by notification published in the Gazette, remove the members or a member of a trust board from office at any time for incapacity, incompetence or misbehaviour.

Without affecting the generality of subclause (2), a reference to misbehaviour includes any of the following:

committing a contravention of section 33 (4), 47 or 57,

being knowingly concerned in a failure by a trust to comply with a requirement of this Act (whether the failure to comply is an offence or not),

being knowingly concerned in a failure of a trust to comply with:

an order of a former local land board given under section 11 (4) before its amendment by the Civil and Administrative Legislation (Repeal and Amendment) Act 2013, or

an order of the Civil and Administrative Tribunal in an appeal under section 11, or

a direction given by the Minister under section 21,

committing a contravention of clause 6 or 7.

A member of a trust board is entitled to be heard before a finding of incapacity, incompetence or misbehaviour is made in respect of the member for the purposes of subclause (2).

A finding of misbehaviour may be made in relation to a member of a trust board even though the conduct constituting the misbehaviour is or could be an offence against this Act and the member has not been charged with having committed such an offence.

The Minister may, but is not obliged to, refer the hearing of an allegation of incapacity, incompetence or misbehaviour in respect of a member of a trust board to the Secretary.

As soon as practicable after an allegation of incapacity, incompetence or misbehaviour is referred to it in accordance with subclause (6), the Secretary must hear the allegation and then report his or her findings in writing to the Minister.