South Australian Current Acts South Australian Current Acts22—Composition of Board
(1) The Board consists
of 13 members appointed by the Governor on the nomination of the
Minister, being persons who collectively have, in the opinion of the Minister,
the knowledge, skills and experience necessary to enable the Board to carry
out its functions effectively.
(a)
1 (who will be the presiding member) must be a person who has, in the
opinion of the Minister, extensive knowledge and expertise in the education
and care of children; and
(b)
2 must be nominated from a panel of 4 persons submitted by the
Chief Executive; and
(c)
2 must be nominated from a panel of 4 persons submitted by the
Association of Independent Schools of South Australia; and
(d)
2 must be nominated from a panel of 4 persons submitted by the South
Australian Commission for Catholic Schools Incorporated; and
(e)
2 must be nominated from a panel of 4 persons submitted by the
prescribed child care bodies; and
(f) 1
must be a legal practitioner.
(2a) A person is not
eligible to be appointed to the Board unless a working with children check has
been conducted in relation to the member within the preceding 5 years.
(3) If the Minister
does not receive a submission from a body under subsection (2)(c), (d) or
(e) within 2 months after requesting the submission of 4 names by
that body, the Minister may, by notice in writing, request the relevant body
to make a nomination within a time (being not less than 1 month) allowed
in the notice and if a nomination is not made within that time, then the
Minister may proceed to nominate a person or persons determined by the
Minister in lieu of a person submitted by that body.
(4) Subject to this
section, the Minister should, before nominating a person for appointment to
the Board (other than for the purposes of subsection (2)(c), (d) or (e)),
under a scheme determined by the Minister for the purposes of this
section—
(a) call
for expressions of interest; and
(b) take
into account any representations made by a prescribed designated entity.
(5) In nominating the
remaining members of the Board, the Minister should, as far as is reasonably
practicable, endeavour to achieve a gender balance on the Board.
(6) The requirements
of qualification and nomination (if applicable) made by this section in
relation to the appointment of a member extend to the appointment of a deputy
of that member.
(7) The Governor may,
on the recommendation of the Minister, appoint a suitable person to be the
deputy presiding member of the Board.
(8) The Governor may,
on the nomination of the Minister, appoint a suitable person to be the deputy
of a member of the Board.
(9) A deputy may act
as a member of the Board during any period of absence of the member in
relation to whom the deputy has been appointed.
(a) the
office of a member of the Board becomes vacant before the expiry of the term
of appointment specified in the member's instrument of appointment; and
(b) a
person has been appointed to be the deputy of that member,
the person appointed to be the deputy of the member may act as a member of the
Board in respect of the vacant office—
(c) for
the balance of the term of appointment referred to in paragraph (a); or
(d)
until a person is appointed to the vacant office under this Act,
whichever first occurs (and a reference in this Act to a member of the Board
will be taken to include, unless the contrary intention appears, a reference
to a person acting as a member under this subsection).