South Australian Numbered Acts

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EDUCATION AND EARLY CHILDHOOD SERVICES (REGISTRATION AND STANDARDS) ACT 2011 (NO 46 OF 2011) - SECT 22

22—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.

        (2)         Of those members—

            (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 Director-General; 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.

        (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.



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