Institute of Rural Studies Act 1973 (NSW)

An Act to constitute the New South Wales Institute of Rural Studies and to define its duties and functions; and for purposes connected therewith.

1Name of Act

This Act may be cited as the Institute of Rural Studies Act 1973.

2Commencement

This Act shall commence upon such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3Definitions(1)

In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

affiliated college means an agricultural college and any body or institution for the time being declared to be an affiliated college by an order under subsection (2).

agricultural college means a college forming part of the Department of Agriculture.

Chairperson means the Chairperson of the Institute.

Deputy Chairperson means the Deputy Chairperson of the Institute.

Institute means the New South Wales Institute of Rural Studies constituted under this Act.

member means a member of the Institute.

rural studies means agricultural education and related fields of study.

(2)

The Institute may, with the consent in writing of any body or institution which the Institute is satisfied is engaged in providing courses in rural studies, declare, by order published in the Gazette, that body or institution to be an affiliated college for the purposes of this Act.

4Constitution of the Institute(1)

There is hereby constituted a body under the name of the “New South Wales Institute of Rural Studies”.

(2)

The provisions of the Public Service Act 1902 shall not apply to or in respect of the appointment of a member, and a member shall not be subject to the provisions of that Act during the member’s term of office.

(3)

The Institute shall consist of:

• (a)

  fifteen members, appointed by the Governor, of whom:

  • (i)

    four shall be persons representing agricultural industries,

  • (ii)

    four shall be persons representing agricultural technology industries,

  • (iii)

    one shall be the principal of an agricultural college,

  • (iv)

    two shall be members of the academic staff of affiliated colleges,

  • (v)

    one shall be a person engaged in teaching courses in rural studies in a university in New South Wales,

  • (vi)

    one shall be a person representing the Department of Education nominated by the Minister for Education,

  • (vii)

    one shall be a person representing the Department of Technical Education nominated by the Minister for Education, and

  • (viii)

    one shall be a person representing the Ministry of Education and Youth Affairs nominated by the Minister for Education, and

• (b)

  one or more, but not more than five, other persons appointed by the Governor on the nomination of the Minister.

5Chairperson and Deputy Chairperson(1)

The Governor shall, in the instrument of appointment of the members of the Institute, as first constituted, appoint one of the members as Chairperson of the Institute.

(2)

The member appointed as Chairperson under subsection (1) shall, subject to this Act, hold office as Chairperson for a term of two years.

(3)

If the member appointed as Chairperson under subsection (1), or a person appointed as Chairperson under this subsection, ceases to be the Chairperson, the Governor shall, by instrument in writing, appoint another member to be Chairperson for the remainder of his or her predecessor’s term of office.

(4)

On the expiration of the term of office of a Chairperson appointed under subsection (1) or (3), the members shall from time to time elect one of their number to be Chairperson.

(5)

A member elected as Chairperson under subsection (4) shall, subject to this Act, hold office as Chairperson for a term o f two years from the date of his or her election.

(6)

The members shall from time to time elect one of their number, other than the Chairperson, to be Deputy Chairperson and the person so elected shall, subject to this Act, hold office as Deputy Chairperson for a term of two years from that date of his or her election.

(7)

A member appointed or elected as Chairperson or elected as Deputy Chairperson shall, upon the expiration of his or her term of office as Chairperson or Deputy Chairperson, be eligible for election or re-election.

(8)

The Chairperson or Deputy Chairperson shall cease to hold office as such if he or she ceases to be a member.

6Provisions relating to members generally(1)

A member shall, subject to this Act, hold office as a member for such term, not exceeding four years, as may be specified in the instrument of appointment and shall, if otherwise qualified, be eligible for re-appointment.

(2)

On the occurrence of a vacancy in the office of a member otherwise than by the expiration of the term for which the member was appointed, the Governor may appoint a person, to represent the like interests, having the like qualifications or on the like nomination, as the case may be, as his or her predecessor, to hold office during the remainder of his or her predecessor’s term of office.

(3)

The Governor may appoint a person, other than a member, to act as a deputy of a member during the absence or illness of that member, and the person so appointed, while so acting, shall be deemed to be a member.

(4)

A member shall receive such allowances and expenses as the Governor may from time to time determine in respect of the member.

(5)

(Repealed)

7Casual vacancy(1)

A member shall be deemed to have vacated office if:

• (a)

  the member dies,

• (b)

  the member is absent from three consecutive meetings of the Institute of which reasonable notice has been given to the member personally or in the ordinary course of post and the member is not excused by the Institute for his or her absence from those meetings before the expiration of four weeks after the last of those meetings,

• (c)

  the member becomes a 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 any assignment of his or her estate for their benefit,

• (d)

  the member becomes a temporary patient or 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,

• (e)

  the member 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 indictable offence that if committed in New South Wales would be an offence so punishable,

• (f)

  the member resigns office by writing under his or her hand addressed to the Governor,

• (g)

  being a member referred to in section 4 (3) (a) (iii) or (iv), the member ceases to hold the qualification by virtue of which the member was appointed, or

• (h)

  (Repealed)

• (i)

  the member is removed from office by the Governor.

(2)

The Governor may, for any cause which appears to the Governor sufficient, remove a member from office.

8Meetings of the Institute(1)

At least three meetings of the Institute shall be held in each year.

(2)

The procedure for the calling of meetings and for the conduct of business at meetings shall be as determined by the members.

(3)

At least fourteen days’ notice of a meeting of the Institute shall be given to each member and, in respect of any meeting after the first, shall be given in such manner as the Institute may determine.

(4)

Subject to subsection (5), the Chairperson or, in the Chairperson’s absence, the Deputy Chairperson shall preside at all meetings.

(5)

In the absence of both the Chairperson and the Deputy Chairperson from any meeting, the members present shall elect from among their number a member to preside at that meeting.

(6)

Eight members shall form a quorum at any meeting of the Institute and any meeting at which a quorum is present shall be competent to transact any business of the Institute and shall have and may discharge all the powers, duties and functions of the Institute.

(7)

In the event of an equality of votes at any meeting of the Institute, the person presiding at the meeting shall have, in addition to a deliberative vote, a second or casting vote.

(8)

Subject to subsection (7), a decision of the majority of the members present at a meeting of the Institute at which a quorum is present shall be the decision of the Institute.

9Functions and duties of Institute(1)

The functions and duties of the Institute shall be:

• (a)

  to make reports and recommendations to the Minister, either of its own motion or at the request of the Minister, with respect to:

  • (i)

    the development of existing courses offered by affiliated colleges and the need for further courses,

  • (ii)

    the administration of agricultural colleges and the financial requirements of agricultural colleges,

  • (iii)

    the co-ordination of the education, research and other services of the Department of Agriculture for the purpose of ensuring the economic and efficient use of those services in the interests of agricultural education,

  • (iv)

    any matter relating to the training needs of agricultural industries and related technologies,

  • (v)

    the promotion of the improvement of the standards of teaching within affiliated colleges, and

  • (vi)

    the fostering of the co-ordination, development and improvement of courses in rural studies in New South Wales and the recommending of action for that purpose insofar as any such action is not inconsistent with the provisions of any other Act,

• (b)

  to determine, with the approval of the Minister, the nomenclature of awards to be conferred by affiliated colleges (other than awards for advanced education courses approved under the Higher Education Act 1988),

• (c)

  to determine, with the approval of the Minister, the courses in respect of which awards referred to in paragraph (b) shall be granted and the standards for those courses,

• (d)

  to furnish advice on matters relating to rural studies to any statutory body or any institution concerned in the provision or approval of courses in rural studies, either of its own motion or at the request of that statutory body or the institution, and

• (e)

  to collect, integrate and disseminate information relating to agricultural education in accordance with any directions given by the Minister.

(2)

Nothing in this section affects the operation of the Higher Education Act 1988.

10Annual Report

The Institute shall in each year, at such time as the Minister may direct, furnish to the Minister a report of its work and activities for the period of twelve months ending on the preceding thirty-first day of December.

11Committees(1)

The Institute may appoint such committees as it thinks fit to assist and advise it in connection with the carrying out of its functions and duties under this Act.

(2)

Any such committee may consist of members of the Institute, persons who are not members of the Institute or partly of persons who are, and partly of persons who are not, members of the Institute.

(3)

A member of any such committee, not being a member of the Institute, shall be entitled to receive such travelling expenses and, if the Governor so approves, such fees for sitting as a member of the committee as may be fixed from time to time by the Governor.