Education (General Provisions) Act 2006
sec.93Disqualification from membership
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sec.93 Disqualification from membership
A person can not become, or continue as, an elected parent member, elected staff member, or appointed member, of a school council if the person has been convicted of an indictable offence, unless the Minister gives an approval under this section. If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted, the Minister may— if the person was a member when convicted—give notice to the council’s chairperson and the person that the person is restored as a member, and may be later re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to be elected or appointed as a council member despite the conviction. On the day the council’s chairperson receives a notice under subsection (2) (a) — the person is restored as a council member; and if another person has been elected or appointed to fill the vacancy—the other person’s appointment ends. If a person is restored as a council member under subsection (3) , the person’s term of office as a council member ends when it would have ended if the person had not been convicted of the offence. (sec.93-ssec.1) A person can not become, or continue as, an elected parent member, elected staff member, or appointed member, of a school council if the person has been convicted of an indictable offence, unless the Minister gives an approval under this section. (sec.93-ssec.2) If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted, the Minister may— if the person was a member when convicted—give notice to the council’s chairperson and the person that the person is restored as a member, and may be later re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to be elected or appointed as a council member despite the conviction. (sec.93-ssec.3) On the day the council’s chairperson receives a notice under subsection (2) (a) — the person is restored as a council member; and if another person has been elected or appointed to fill the vacancy—the other person’s appointment ends. (sec.93-ssec.4) If a person is restored as a council member under subsection (3) , the person’s term of office as a council member ends when it would have ended if the person had not been convicted of the offence.
- (a) if the person was a member when convicted—give notice to the council’s chairperson and the person that the person is restored as a member, and may be later re-elected or reappointed, despite the conviction; or
- (b) otherwise—give written approval for the person to be elected or appointed as a council member despite the conviction.
- (a) the person is restored as a council member; and
- (b) if another person has been elected or appointed to fill the vacancy—the other person’s appointment ends.