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TAFE QUEENSLAND ACT 2013 - SECT 19
Disqualification from membership
19 Disqualification from membership
(1) A person is disqualified from becoming, or continuing as, a member if the
person— (a) has a conviction for an indictable offence and the conviction is
not a spent conviction, unless the Minister has taken action under subsection
(4) for the conviction; or
(b) is an insolvent under administration, unless
the Minister has taken action under subsection (4) for the person being an
insolvent under administration; or
(c) is not able to manage a corporation
because of the Corporations Act , part 2D .6.
(2) Also, a person can not—
(a) become a member if the person does not consent to the Minister requesting
a report about the person’s criminal history under section 34 ; or
(b)
continue as a member if the person is absent from 3 consecutive board meetings
of which proper notice has been given unless— (i) the board has given
permission for the person to be absent from the meetings; or
(ii) the
meetings occurred during the period of a leave of absence approved for the
member by the Minister under section 21 .
(3) The Minister may act under
subsection (4) if the Minister considers it would be reasonable to do so
having regard to— (a) the circumstances of the indictable offence of which a
person has been convicted; or
(b) the circumstances under which a person
became an insolvent under administration.
(4) The Minister may— (a) if the
person was a member when the person was convicted or became an insolvent under
administration, and the term of the person’s appointment as a member has not
since ended, give the chairperson and the person notice (
"approval notice" ) that— (i) the person is restored as a member; and
(ii)
the person may be later reappointed, despite the conviction or being an
insolvent under administration; or
(b) otherwise—give written approval for
the person to become a member despite the conviction or being an insolvent
under administration.
(5) On the day the chairperson receives the
approval notice the person is restored as a member.
(6) The restored
member’s term of appointment as a member ends when it would have ended if
the member had not been convicted of the offence or become an insolvent under
administration.
(7) In this section—
"conviction" , for an indictable offence, does not include a finding of guilt,
or the acceptance of a plea of guilty, by a court, in relation to the offence,
without recording a conviction for the offence.
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