Subdiv 1The Board

Subdivision 1—The Board 21—Establishment of Board (1) The Education and Early Childhood Services Registration and Standards Board of South Australia is established. (2) The Board— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) can sue and be sued in its corporate name; and (d) has the functions and powers assigned or conferred by or under this or any other Act. (3) If a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly fixed to the document. 22—Composition of Board (1) The Board consists of 13 members appointed by the Governor on the nomination of the Minister, being persons who collectively have, in the opinion of the Minister, the knowledge, skills and experience necessary to enable the Board to carry out its functions effectively. (2) Of those members— (a) 1 (who will be the presiding member) must be a person who has, in the opinion of the Minister, extensive knowledge and expertise in the education and care of children; and (b) 2 must be nominated from a panel of 4 persons submitted by the Chief Executive; and (c) 2 must be nominated from a panel of 4 persons submitted by the Association of Independent Schools of South Australia; and (d) 2 must be nominated from a panel of 4 persons submitted by the South Australian Commission for Catholic Schools Incorporated; and (e) 2 must be nominated from a panel of 4 persons submitted by the prescribed child care bodies; and (f) 1 must be a legal practitioner. (2a) A person is not eligible to be appointed to the Board unless a working with children check has been conducted in relation to the member within the preceding 5 years. (3) If the Minister does not receive a submission from a body under subsection (2)(c), (d) or (e) within 2 months after requesting the submission of 4 names by that body, the Minister may, by notice in writing, request the relevant body to make a nomination within a time (being not less than 1 month) allowed in the notice and if a nomination is not made within that time, then the Minister may proceed to nominate a person or persons determined by the Minister in lieu of a person submitted by that body. (4) Subject to this section, the Minister should, before nominating a person for appointment to the Board (other than for the purposes of subsection (2)(c), (d) or (e)), under a scheme determined by the Minister for the purposes of this section— (a) call for expressions of interest; and (b) take into account any representations made by a prescribed designated entity. (5) In nominating the remaining members of the Board, the Minister should, as far as is reasonably practicable, endeavour to achieve a gender balance on the Board. (6) The requirements of qualification and nomination (if applicable) made by this section in relation to the appointment of a member extend to the appointment of a deputy of that member. (7) The Governor may, on the recommendation of the Minister, appoint a suitable person to be the deputy presiding member of the Board. (8) The Governor may, on the nomination of the Minister, appoint a suitable person to be the deputy of a member of the Board. (9) A deputy may act as a member of the Board during any period of absence of the member in relation to whom the deputy has been appointed. (10) If— (a) the office of a member of the Board becomes vacant before the expiry of the term of appointment specified in the member's instrument of appointment; and (b) a person has been appointed to be the deputy of that member, the person appointed to be the deputy of the member may act as a member of the Board in respect of the vacant office— (c) for the balance of the term of appointment referred to in paragraph (a); or (d) until a person is appointed to the vacant office under this Act, whichever first occurs (and a reference in this Act to a member of the Board will be taken to include, unless the contrary intention appears, a reference to a person acting as a member under this subsection). 23—Conditions of membership (1) Subject to this section, a member of the Board will hold office on conditions determined by the Governor for a term, not exceeding 3 years, specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment. (2) A member of the Board cannot hold office for consecutive terms that exceed 9 years in total. (3) The Governor may remove a member of the Board from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (ab) if a working with children check has not been conducted in relation to the member within the preceding 5 years; or (b) for mental or physical incapacity to carry out duties of office satisfactorily; or (c) for neglect of duty; or (d) for dishonourable conduct. (4) The office of a member of the Board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice addressed to the Minister; or (ca) becomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or (d) is found guilty of a prescribed offence; or (e) is removed from office by the Governor under subsection (3); or (f) accepts employment as a Registrar under this Act. 24—Casual vacancies The following rules govern the appointment of a person to fill a casual vacancy that occurs in the office of a member appointed in accordance with section 22(2)(c), (d) or (e): (a) if the vacancy occurs within 12 months after the member's appointment, the Governor must appoint on the nomination of the Minister 1 of the remaining persons from the panel submitted in relation to the member's appointment; (b) if— (i) none of the remaining persons are qualified for appointment; or (ii) none of the remaining persons are available or willing to be appointed; or (iii) if the vacancy occurs later than 12 months after the member's appointment, the Governor may appoint a person nominated by the Minister from a new panel of 4 persons submitted by the body referred to in the relevant paragraph (and, if the Minister does not receive a submission from the body within 14 days after requesting the submission of 4 names by that body, the Minister may proceed to nominate a person determined by the Minister in lieu of a person submitted by that body); (c) the person appointed holds office for the balance of the term of that person's predecessor. 25—Allowances and expenses A member of the Board (other than a member who is a member of the Public Service) is entitled to fees, allowances and expenses approved by the Governor. 26—Validity of acts An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.