Community Services Industry (Portable Long Service Leave) Act 2020
sec.34Decisions on questions in writing
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sec.34 Decisions on questions in writing
This section applies if— the general manager gives each director a question in writing to be decided; and the chairperson does not convene a board meeting to consider the question. If a director has a material personal interest in the question, the director— must, as soon as practicable, disclose the nature of the material personal interest to the other directors; and must not vote in writing on the question. The question may be decided by majority vote of the directors voting on the question and able to vote on the question. At least 1 of the directors voting on the question must be either the chairperson or deputy chairperson. If the votes are equal and the chairperson is voting, the chairperson has the casting vote. If the votes are equal and the chairperson is not voting, the deputy chairperson has the casting vote. When considering the question, directors must have regard to any material from, or comments by, the general manager given to the directors in writing about the question. A failure to make a disclosure under subsection (2) (a) does not, of itself, invalidate a decision of the board. (sec.34-ssec.1) This section applies if— the general manager gives each director a question in writing to be decided; and the chairperson does not convene a board meeting to consider the question. (sec.34-ssec.2) If a director has a material personal interest in the question, the director— must, as soon as practicable, disclose the nature of the material personal interest to the other directors; and must not vote in writing on the question. (sec.34-ssec.3) The question may be decided by majority vote of the directors voting on the question and able to vote on the question. (sec.34-ssec.4) At least 1 of the directors voting on the question must be either the chairperson or deputy chairperson. (sec.34-ssec.5) If the votes are equal and the chairperson is voting, the chairperson has the casting vote. (sec.34-ssec.6) If the votes are equal and the chairperson is not voting, the deputy chairperson has the casting vote. (sec.34-ssec.7) When considering the question, directors must have regard to any material from, or comments by, the general manager given to the directors in writing about the question. (sec.34-ssec.8) A failure to make a disclosure under subsection (2) (a) does not, of itself, invalidate a decision of the board.
- (a) the general manager gives each director a question in writing to be decided; and
- (b) the chairperson does not convene a board meeting to consider the question.
- (a) must, as soon as practicable, disclose the nature of the material personal interest to the other directors; and
- (b) must not vote in writing on the question.