History Details
Vocational Education and Training Act 1996
5 November 1999 - 10 May 2001

Schedule 1
[Sections 20, 26 and 40]
PROVISIONS RELATING TO THE BOARD, THE COUNCIL AND GOVERNING COUNCILS

1. Vacation of office

(1) The office of a member becomes vacant if ¾

(a) the term of the member expires;

(b) the member resigns by written notice addressed to the Minister;

(c) the member is an undischarged bankrupt or a person whose property is subject to an arrangement under the laws relating to bankruptcy;

(d) the member is convicted of an indictable offence; or

(e) the appointment of the member is terminated under subclause (2).

(2) The Minister may at his or her discretion terminate the appointment of a member at any time.

2. Leave of absence

The Minister may grant leave of absence to a member on such terms and conditions as the Minister determines.

3. Meetings

(1) The chairperson is to preside at any meeting at which the chairperson is present.

(2) If the chairperson, and in the case of a governing council the deputy chairperson, is not present at a meeting the members present are to elect one of their number to preside at the meeting.

(3) A quorum for a meeting is at least one half of the number of members or if a quorum cannot be present at a meeting because of the operation of clause 5, a quorum for that meeting is such number of members as the Minister may determine.

(4) Any question arising at a meeting is to be decided by a majority of the votes of the members present and in the event of an equality of votes the chairperson, or the person presiding, is to have a casting as well as a deliberative vote.

4. Disclosure of interests

(1) A member who has a material personal interest in a matter being considered or about to be considered by the body of which he or she is a member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the body.

Penalty: $10 000.

(2) The circumstances in which a person has a material personal interest in a matter being considered or about to be considered by a body include a case where an entity with which the member is associated may benefit from the body's decision on the matter.

(3) A disclosure under subclause (1) is to be recorded in the minutes of the meeting.

5. Voting by interested members

A member who has a material personal interest in a matter, within the meaning in clause 4, that is being considered by the body of which he or she is a member ¾

(a) must not vote whether at a meeting or otherwise ¾

(i) on the matter; or

(ii) on a proposed resolution under clause 6 in respect of the matter, whether relating to that member or a different member;

and

(b) must not be present while ¾

(i) the matter; or

(ii) a proposed resolution of the kind referred to in paragraph (a) (ii),

is being considered at a meeting.

6. Clause 5 may be declared inapplicable

Clause 5 does not apply if the body has at any time passed a resolution that ¾

(a) specifies the member, the interest and the matter; and

(b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.


Schedule 2
[Section 62]
(Schedule 2 still to be proclaimed ¾ see Notes)

Schedule 3
[Section 71]
CONSEQUENTIAL AMENDMENTS

Division 1 ¾ Amendments to the Education Act 1928


1. Principal Act

In this Division the Education Act 1928* is referred to as the principal Act.

[* Reprinted as at 11 August 1992.
For subsequent amendments see 1994 Index to Legislation of Western Australia, Table 1, pp. 63-4 and Act No. 1 of 1995.]

2. Section 3 amended

Section 3 of the principal Act is amended ¾

(a) by deleting the definition of }Department of Training~;

(b) in the definition of }Government school~ by deleting }secondary school, technical college, or technical school~ and substituting the following ¾

}

or secondary school


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Division 5 ¾ Other amendments

23. Constitution Acts Amendment Act 1899 amended

Schedule V to the Constitution Acts Amendment Act 1899* is amended in Part 3 ¾

(a) by deleting }State Employment and Skills Development Authority and the Skills Standards and Accreditation Board established under the State Employment and Skills Development Authority Act 1990.~; and

(b) by inserting in the appropriate alphabetical positions the following ¾

}

The State Training Board of Western Australia established under the Vocational Education and Training Act 1996.


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[Section 72]

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