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Australian Curriculum, Assessment and Reporting Authority Bill 2008

Part 3 The Board of the Australian Curriculum, Assessment and Reporting Authority

Division 1 The Board

11   Establishment

                   The Board of the Australian Curriculum, Assessment and Reporting Authority is established by this section.

12   Role

             (1)  The Board is responsible for ensuring the proper and efficient performance of the Australian Curriculum, Assessment and Reporting Authority’s functions.

             (2)  The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.

             (3)  All acts and things done in the name of, or on behalf of, the Australian Curriculum, Assessment and Reporting Authority by the Board, or with the authority of the Board, are taken to have been done by the Australian Curriculum, Assessment and Reporting Authority.

             (4)  If a function or power of the Australian Curriculum, Assessment and Reporting Authority is dependent on the opinion, belief or state of mind of the Australian Curriculum, Assessment and Reporting Authority in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.

13   Membership

                   The Board consists of the following members:

                     (a)  the Chair of the Board;

                     (b)  the Deputy Chair of the Board;

                     (c)  one member nominated by the Minister;

                     (d)  one member nominated by:

                              (i)  the National Catholic Education Commission; or

                             (ii)  if the Commission ceases to exist—a similar body prescribed by the regulations for the purposes of this subparagraph;

                     (e)  one member nominated by:

                              (i)  the Independent Schools Council of Australia; or

                             (ii)  if the Council ceases to exist [A1]   —a similar body prescribed by the regulations for the purposes of this subparagraph; [A2]  

                      (f)  8 members, each of whom is nominated by a different State or Territory Education Minister.

14   Appointment of members

             (1)  A member of the Board is to be appointed by the Minister by written instrument.

Note:          A member of the Board is eligible for re-appointment: see subsection 33(4A) of the Acts Interpretation Act 1901 .

             (2)  The Minister can only make the appointment if:

                     (a)  the Ministerial Council has agreed to the appointment of the person; and

                     (b)  the Ministerial Council has agreed that the appointment of the person would ensure that the members of the Board collectively possess an appropriate balance of professional expertise in:

                              (i)  matters relating to school curriculum; and

                             (ii)  school assessment and data management; and

                            (iii)  analysis and reporting in relation to school performance; and

                            (iv)  financial and commercial matters in relation to the management of educational organisations; and

                             (v)  corporate governance; and

                     (c)  if the person is required to be nominated for the appointment as mentioned in paragraph 13(c), (d), (e) or (f)—the person has been so nominated.

             (3)  A member holds office on a part-time basis.

             (4)  A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

             (5)  A person must not be appointed for a period if the sum of:

                     (a)  that period; and

                     (b)  any periods of previous appointment of the person as a member;

exceeds 6 years.

15   Acting in positions

             (1)  The Deputy Chair is to act as the Chair:

                     (a)  during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Chair:

                              (i)  is absent from duty or from Australia; or

                             (ii)  is, for any reason, unable to perform the duties of the office.

             (2)  While the Deputy Chair is acting as the Chair:

                     (a)  the Deputy Chair has, and may exercise, all the Chair’s powers, and must perform all the Chair’s functions and duties; and

                     (b)  this Act, and all other Acts, apply to the Deputy Chair as if he or she were the Chair.

             (3)  Anything done by or in relation to the Deputy Chair when purporting to act under subsection (1) is not invalid merely because the occasion to act had not arisen or had ceased.

             (4)  The Minister may, by written instrument, appoint a member to act as the Deputy Chair:

                     (a)  during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Deputy Chair:

                              (i)  is acting as the Chair; or

                             (ii)  is absent from duty or from Australia; or

                            (iii)  is, for any reason, unable to perform the duties of the office.

             (5)  Anything done by or in relation to a person purporting to act under an appointment under subsection (4) is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

Note:          See sections 20 and 33A of the Acts Interpretation Act 1901 .

16   Remuneration of members

             (1)  A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.

             (2)  A member is to be paid the allowances that are prescribed by the regulations.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

17   Leave of members

             (1)  The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.

             (2)  The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.

             (3)  The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.

18   Resignation of members

             (1)  A member may resign his or her appointment by giving the Minister a written resignation.

             (2)  The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

19   Termination of appointment

             (1)  The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.

             (2)  The Minister must terminate the appointment of a member if:

                     (a)  the member:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the member fails, without reasonable excuse, to comply with an obligation imposed on him or her by section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 ; or

                     (c)  the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.

20   Other terms and conditions of members

                   A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.



 

Division 2 Board Procedures

21   Meetings

             (1)  The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.

             (2)  The quorum for a meeting is 9 members.

             (3)  However, if:

                     (a)  a member is required by section 27J of the Commonwealth Authorities and Companies Act 1997 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and

                     (b)  when the member leaves the meeting concerned there is no longer a quorum present;

those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.

             (4)  A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.

             (5)  The Chair must preside at all meetings at which he or she is present.

             (6)  If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.

             (7)  If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.

             (8)  At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.

             (9)  The Board must keep a record of any decisions made at a meeting.

           (10)  Subject to this Act and the Commonwealth Authorities and Companies Act 1997 , the Board may regulate the conduct of its meetings as it thinks fit.

22   Decisions without meetings

             (1)  The Board is taken to have made a decision at a meeting if:

                     (a)  without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and

                     (b)  that agreement is indicated in accordance with the method determined by the Board under subsection (2); and

                     (c)  all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.

             (2)  Subsection (1) applies if the Board:

                     (a)  has determined that it may make decisions of that kind without a meeting; and

                     (b)  has determined the method by which members are to indicate agreement with proposed decisions.

             (3)  For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.

             (4)  The Board must keep a record of decisions made in accordance with this section.