New South Wales Consolidated Acts

DORMANT FUNDS ACT 1942 - SECT 5

5 Charity Referees

(1) The Charity Referees shall be constituted as provided in this section from four persons appointed for the purpose by the Governor.

(2) One of such persons shall be a judge of the Supreme Court who shall be appointed on the nomination of the Chief Justice.
The person so appointed shall be the chairperson of the Charity Referees.

(3) One other of such persons shall be appointed on the nomination of the State Executive of The Returned Services League of Australia (New South Wales Branch) or, if no such nomination is received within the time prescribed, the Governor may appoint any person to be the representative of The Returned Services League of Australia (New South Wales Branch).

(4)

(a) One other of such persons shall be an officer of the Public Service who shall be appointed on the nomination of the Attorney-General.

(b) One other of such persons shall be an officer of the Public Service who shall be appointed on the nomination of the Minister for Education and Training.

(5) For the purpose of exercising or discharging any power, authority, duty or function conferred or imposed on the Charity Referees by this Act, the Charity Referees shall be constituted by three of the persons appointed under this section, of whom one shall be the chairperson, one other shall be the member referred to in subsection (3) and the third shall be:

(a) where the matter arising before the Charity Referees relates to a dormant fund in respect of an institution as defined in the Trustees of Schools of Arts Enabling Act 1902 -the person referred to in paragraph (b) of subsection (4),

(b) in every other case-the person referred to in paragraph (a) of subsection (4).

(6) The decision of the chairperson upon any question of law or procedure which may arise in any matter before the Charity Referees shall be the decision of the Charity Referees.

(7) Where the Charity Referees are divided in opinion as to the decision to be given on any question (not being a question to which subsection (6) relates), the question shall be decided according to the opinion of the majority.

(8) This section is subject to section 16A (Matter can be dealt with in the absence of Charity Referee in certain cases).