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(b) stops being a board member.
(6) If a person resigns office as chairperson or deputy
chairperson, the person may continue to be a board member
for the remaining term of appointment under section 16.
19 Disqualification
(1) A person is disqualified from becoming, or continuing as, a
board member if the person—
(a) has a conviction, other than a spent conviction, for an
indictable offence; or
(b) is an insolvent under administration; or
(c) is disqualified from managing corporations because of
the Corporations Act, part 2D.6; or
(d) is the chief executive officer; or
(e) is a staff member or contractor of the academy; or
(f) contravenes section 30.
(2) Also, a person is disqualified from becoming, or continuing
as, a board member if the person does not consent to the
Minister requesting a report about the person’s criminal
history under section 49.
20 Requirement to disclose particular matters about
disqualification
(1) This section applies if a person who is a board member—
(a) becomes an insolvent under administration; or
(b) is disqualified from managing corporations because of
the Corporations Act, part 2D.6.
Note—
See section 50 for the requirement to give notice of a change in the
person’s criminal history.
(2) The person must, unless the person has a reasonable excuse,
immediately give the Minister notice under subsection (3)
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about becoming an insolvent under administration or being
disqualified from managing corporations.
Maximum penalty—100 penalty units.
(3) The notice must state—
(a) that the person has become an insolvent under
administration or is disqualified from managing
corporations because of the Corporations Act, part
2D.6; and
(b) when the person became an insolvent or was
disqualified; and
(c) for being disqualified from managing
corporations—details adequate to identify the grounds
of the disqualification.
21 Resignation
(1) A board member may resign office as chairperson, deputy
chairperson or board member by signed notice given to the
Minister.
(2) The resignation takes effect—
(a) on the day the notice is given; or
(b) if a later day is stated in the notice—on the later day.
22 Vacancy in office
A board member’s office becomes vacant if the member—
(a) completes a term of office and is not reappointed; or
(b) is disqualified from continuing as a board member under
section 19; or
(c) resigns office as board member under section 21; or
(d) is removed from office; or
(e) is absent from 3 consecutive meetings of the board of
which proper notice has been given—
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(i) without the board’s permission; and
(ii) without reasonable excuse.
23 Acting board members
(1) This section applies if—
(a) the office of a board member is vacant; or
(b) a board member is absent from duty or is otherwise
unable to perform the functions of the office.
(2) For subsection (1)(a), the office of a board member is vacant
only if the office has previously been filled by an appointment
made under section 15.
(3) The Minister may appoint a person to act in the office for a
period of not longer than 6 months.
(4) However, the Minister may extend the appointment for 1
further period of not longer than 6 months.
(5) A person can not be appointed to act in the office unless the
Minister could recommend the person for appointment as a
board member under section 15.
(6) This section does not limit the Governor in Council’s power
under the Acts Interpretation Act 1954, section 25(1)(b)(iv) or
(v).
Division 3 Board meetings
24 Conduct of business
Subject to this division, the board may conduct its business,
including its meetings, in the way it considers appropriate.
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25 Board meetings
(1) The chairperson may convene a meeting of board members (a
board meeting) at a time and place decided by the
chairperson.
(2) The chairperson must convene a board meeting—
(a) at least 5 times each year and as often as necessary for
the board to perform its functions; and
(b) if requested in writing by—
(i) the Minister; or
(ii) at least half of the board members for the time
being.
26 Presiding at board meetings
(1) The chairperson is to preside at all board meetings at which
the chairperson is present.
(2) If the chairperson is not present at a board meeting, the deputy
chairperson is to preside if present.
(3) If the chairperson and deputy chairperson are not present at a
board meeting, the board member chosen by the board
members present is to preside.
27 Quorum
A quorum for a board meeting is a majority of the board
members at the time the meeting is held.
28 Voting
(1) A question at a board meeting must be decided by a majority
of the votes of the board members present at the meeting and
able to vote on the question.
(2) Each board member present at a board meeting has a vote on
each question to be decided.
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(3) A board member who abstains from voting, other than a board
member who abstains because of a conflict of interest, is
taken to have voted for the negative.
(4) If the votes of the board members present at a board meeting
are equal, the board member presiding at the meeting has a
casting vote.
(5) The board may hold board meetings, or allow board members
to take part in its meetings, by using any technology allowing
reasonably contemporaneous and continuous communication
between board members taking part in the meetings.
(6) A board member who takes part in a board meeting under
subsection (5) is taken to be present at the meeting.
(7) A resolution is validly made by the board, even if it is not
passed at a board meeting, if—
(a) notice of the resolution is given under procedures
approved by the board; and
(b) a majority of board members agree in writing to the
resolution.
29 Minutes
The board must keep minutes of its board meetings.
30 Disclosure of interests
(1) This section applies if—
(a) a board member has a direct or indirect interest in a
matter being considered, or about to be considered, at a
board meeting; and
(b) the interest could conflict with the proper performance
of the board member’s duties in relation to the
consideration of the matter.
(2) As soon as practicable after the relevant facts come to the
board member’s knowledge, the board member must disclose
the nature of the interest at a board meeting.
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(3) Unless the board otherwise directs, the board member must
not—
(a) be present when the board considers the matter; or
(b) take part in making a decision of the board about the
matter.
(4) The board member must not be present when the board is
considering whether to give a direction under subsection (3).
(5) The board members present are a quorum for making a
decision under subsection (3)(b).
(6) A disclosure under subsection (2) must be recorded in the
minutes of the board meeting.
31 Effect of contravention of s 30
(1) A contravention of section 30 does not invalidate a decision of
the board.
(2) However, if the board becomes aware a board member
contravened section 30, the board must reconsider a decision
made by the board in which the board member took part in
contravention of that section.
Division 4 Committees
32 Establishment of committees
(1) The board may establish 1 or more committees to assist in the
performance of the board’s functions.
(2) The board may decide the membership of a committee
established under this section.
(3) A person may be a member of a committee established under
this section if the person is—
(a) a board member; or
(b) the chief executive officer; or
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(c) a staff member or contractor of the academy; or
(d) another person with qualifications, skills or experience
relevant to the function of the board for which the
committee is established.
(4) A committee established under this section may conduct its
proceedings, including its meetings, as it considers
appropriate.
Part 4 Staff of academy
Division 1 Chief executive officer
33 Appointment
(1) The academy must have a chief executive officer.
(2) The chief executive officer is appointed by the Governor in
Council on the recommendation of the Minister.
(3) The Minister may not recommend a person for appointment as
the chief executive officer unless the Minister has consulted
the board about the appointment of the person.
(4) The chief executive officer is appointed under this Act and not
the Public Sector Act 2022.
(5) The chief executive officer is accountable to the board.
34 Term of appointment
(1) The chief executive officer is appointed for the term stated in
the chief executive officer’s instrument of appointment.
(2) The stated term must be not longer than 4 years.
(3) The chief executive officer may be reappointed.
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35 Conditions of appointment
(1) The chief executive officer is to be paid the remuneration and
allowances decided by the Governor in Council.
(2) For matters not provided for under this Act or stated in the
chief executive officer’s instrument of appointment, the chief
executive officer holds office on the terms and conditions
decided by the Governor in Council.
36 Disqualification
(1) A person is disqualified from becoming, or continuing as, the
chief executive officer if the person—
(a) has a conviction, other than a spent conviction, for an
indictable offence; or
(b) is an insolvent under administration; or
(c) is disqualified from managing corporations because of
the Corporations Act, part 2D.6; or
(d) is a board member; or
(e) is a contractor of the academy; or
(f) contravenes section 42.
(2) Also, a person is disqualified from becoming, or continuing
as, the chief executive officer if the person does not consent to
the Minister requesting a report about the person’s criminal
history under section 49.
37 Requirement to disclose particular matters about
disqualification
(1) This section applies if a person who is the chief executive
officer—
(a) becomes an insolvent under administration; or
(b) is disqualified from managing corporations because of
the Corporations Act, part 2D.6.
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Note—
See section 50 for the requirement to give notice of a change in the
person’s criminal history.
(2) The person must, unless the person has a reasonable excuse,
immediately give the Minister notice under subsection (3)
about becoming an insolvent under administration or being
disqualified from managing corporations.
Maximum penalty—100 penalty units.
(3) The notice must state—
(a) that the person has become an insolvent under
administration or is disqualified from managing
corporations because of the Corporations Act, part
2D.6; and
(b) when the person became an insolvent or was
disqualified; and
(c) for being disqualified from managing
corporations—details adequate to identify the grounds
of the disqualification.
38 Resignation
(1) The chief executive officer may resign office by signed notice
given to the board.
(2) The resignation takes effect—
(a) on the day the notice is given; or
(b) if a later day is stated in the notice—on the later day.
(3) If the chief executive officer resigns office under subsection
(1), the board must immediately give the Minister written
notice of the resignation.
39 Vacancy in office
The office of the chief executive officer becomes vacant if the
chief executive officer—
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(a) completes a term of office and is not reappointed; or
(b) is disqualified from continuing as the chief executive
officer under section 36; or
(c) resigns office under section 38; or
(d) is removed from office.
40 Acting chief executive officer
(1) This section applies if—
(a) the office of the chief executive officer is vacant; or
(b) the chief executive officer is absent from duty or is
otherwise unable to perform the functions of the office.
(2) The Minister may appoint a person to act in the office for a
period of not longer than 6 months.
(3) However, the Minister may extend the appointment for 1
further period of not longer than 6 months.
(4) A person can not be appointed to act in the office unless the
Minister could recommend the person for appointment as the
chief executive officer under section 33.
(5) This section does not limit the Governor in Council’s power
under the Acts Interpretation Act 1954, section 25(1)(b)(iv) or
(v).
41 Functions
(1) The chief executive officer has the following functions—
(a) ensuring the effective and efficient administration and
operation of the academy;
(b) carrying out the day-to-day administration of the
academy, including—
(i) employing staff members of the academy; and
(ii) engaging contractors of the academy;
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(c) any other function given to the chief executive officer
under this Act or another Act.
(2) In performing the chief executive officer’s functions, the chief
executive officer must comply with the written policies and
directions of the board.
42 Conflicts of interest
(1) This section applies if the chief executive officer has an
interest that conflicts, or may conflict, with the discharge of
the chief executive officer’s functions.
(2) The chief executive officer—
(a) must disclose the nature of the interest and conflict to
the board as soon as practicable after the relevant facts
come to the chief executive officer’s knowledge; and
(b) must not take action or further action concerning a
matter that is, or may be, affected by the conflict unless
authorised by the board.
43 Restrictions on engaging in paid employment etc.
The chief executive officer must not, without the board’s prior
written approval—
(a) engage in paid employment outside the responsibilities
of the office of the chief executive officer; or
(b) actively take part in the activities of a business, or in the
management of a corporation carrying on a business.
44 Preservation of rights
(1) This section applies if a public service officer is appointed as
the chief executive officer.
(2) The person keeps all rights accrued or accruing to the person
as a public service officer as if service as the chief executive
officer were a continuation of service as a public service
officer.
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(3) At the end of the person’s term of office or resignation as
chief executive officer, the person’s service as the chief
executive officer is taken to be service of a like nature in the
public service for deciding the person’s rights as a public
service officer.
Division 2 Other staff
45 Academy’s staff
(1) The academy may employ other staff it considers appropriate
to perform its functions.
(2) The staff are employed under the Public Sector Act 2022.
Part 5 Minister’s powers
46 Minister may give directions
(1) The Minister may give the academy a written direction about
the performance of the academy’s functions, or the exercise of
the academy’s powers, if satisfied it would be in the public
interest to give the direction.
(2) Before giving a direction under subsection (1), the Minister
must consult the board about the proposed direction.
(3) The academy must comply with a direction given under
subsection (1).
Note—
See section 48 in relation to the requirement for the academy to report
on a direction given under this section.
47 Minister may give statement of expectations
(1) The Minister may give the academy a written statement (a
statement of expectations) about the Minister’s expectations
for the performance by the academy of its functions.
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