Queensland Consolidated Acts

TAFE QUEENSLAND ACT 2013 - SECT 19

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.