sec.246Disqualification from membership

sec.246 Disqualification from membership

A person can not become, or continue as, a member of the board if the person— is, or has been, convicted of an indictable offence and the conviction is not a spent conviction, unless the Minister has given a notice or approval under subsection (4) in relation to the conviction; or is an insolvent under administration, unless the Minister has given a notice or approval under subsection (4) in relation to the person being an insolvent under administration. Also, a person can not become a member of the board if the person does not consent to the Minister requesting a report about the person’s criminal history under section 247 (1) . The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so having regard to— primarily, the welfare and best interests of children; and the circumstances of the indictable offence of which a person has been convicted or the circumstances under which the person became an insolvent under administration. The Minister may— if the person was a member when convicted or becoming an insolvent under administration, and the term of the person’s appointment as a member of the board has not since ended—give notice to the chairperson and the person that the person is restored as a member of the board, and may be later reappointed, despite the conviction or being an insolvent under administration; or otherwise—give written approval for the person to become a member of the board despite the conviction or being an insolvent under administration. On the day the chairperson receives a notice under subsection (4) (a) — the person is restored as a member; and if another person has been appointed to fill the vacancy—the other person’s appointment ends. If a person is restored as a member under subsection (5) , the person’s term of appointment as a member ends when it would have ended if the person had not been convicted of the offence or an insolvent under administration. In this section— convicted , of an indictable offence, does not include being found guilty of the offence, on a plea of guilty or otherwise, without a conviction being recorded for the offence. indictable offence does not include an indictable offence dealt with summarily. s 246 amd 2006 No. 55 s 26 ; 2014 No. 62 s 134 ; 2023 No. 23 s 247 sch 1 s 13 (sec.246-ssec.1) A person can not become, or continue as, a member of the board if the person— is, or has been, convicted of an indictable offence and the conviction is not a spent conviction, unless the Minister has given a notice or approval under subsection (4) in relation to the conviction; or is an insolvent under administration, unless the Minister has given a notice or approval under subsection (4) in relation to the person being an insolvent under administration. (sec.246-ssec.2) Also, a person can not become a member of the board if the person does not consent to the Minister requesting a report about the person’s criminal history under section 247 (1) . (sec.246-ssec.3) The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so having regard to— primarily, the welfare and best interests of children; and the circumstances of the indictable offence of which a person has been convicted or the circumstances under which the person became an insolvent under administration. (sec.246-ssec.4) The Minister may— if the person was a member when convicted or becoming an insolvent under administration, and the term of the person’s appointment as a member of the board has not since ended—give notice to the chairperson and the person that the person is restored as a member of the board, and may be later reappointed, despite the conviction or being an insolvent under administration; or otherwise—give written approval for the person to become a member of the board despite the conviction or being an insolvent under administration. (sec.246-ssec.5) On the day the chairperson receives a notice under subsection (4) (a) — the person is restored as a member; and if another person has been appointed to fill the vacancy—the other person’s appointment ends. (sec.246-ssec.6) If a person is restored as a member under subsection (5) , the person’s term of appointment as a member ends when it would have ended if the person had not been convicted of the offence or an insolvent under administration. (sec.246-ssec.7) In this section— convicted , of an indictable offence, does not include being found guilty of the offence, on a plea of guilty or otherwise, without a conviction being recorded for the offence. indictable offence does not include an indictable offence dealt with summarily.