Queensland Consolidated Acts

EDUCATION (GENERAL PROVISIONS) ACT 2006 - SECT 152

152 Procedure for removal of nominated person

(1) If an association considers a ground exists to remove a nominated person for the association, the association must give the nominated person a notice stating the following—

(a) the action (the
"proposed action" ) the association proposes taking under this part;

(b) the grounds for the proposed action;

(c) an outline of the facts and circumstances forming the basis for the grounds;

(d) an invitation to the nominated person to show, within a stated time of at least 14 days, why the proposed action should not be taken.

(2) If, after considering all written representations made within the stated time, the association still considers a ground to take the proposed action exists, the association may—

(a) if the proposed action was to remove the nominated person as a member only—remove the nominated person as a member; or

(b) if the proposed action was to remove the nominated person as an officer only—remove the nominated person as an officer; or

(c) if the proposed action was to remove the nominated person as both a member and an officer—remove the nominated person as both a member and an officer, or as an officer only.

(3) The association must notify the nominated person of the decision.

(4) The notice must be given within 14 days after the association makes its decision.

(5) If the association decides to remove the nominated person, the notice must state—

(a) the reasons for the decision; and

(b) the day, under subsection (6) , on which the decision takes effect; and

(c) that the person may make a submission to the Minister against the decision; and

(d) the name and address of the Minister; and

(e) the way in which the submission may be made.

(6) The decision takes effect on the later of the following—

(a) the day the notice is given to the nominated person;

(b) the day of effect stated in the notice.

(7) However, if the nominated person is removed from office because of the conviction of the person for an indictable offence—

(a) the removal does not take effect until—

(i) the end of the time to appeal against the conviction; and

(ii) if an appeal is made against the conviction—the appeal is finally decided; and

(b) the removal has no effect if the conviction is quashed on appeal.