EDUCATION AND TRAINING REFORM ACT 2006 - SECT 3.1.18 Removal of directors

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 3.1.18

    (1)     The Minister may suspend or remove a director appointed by the Minister at any time.

    (2)     If the board believes that an elected director or a director co-opted by the board has contravened a code of conduct that is applicable to the director or a duty or obligation otherwise imposed on the director by or under this Act, the board may—

        (a)     suspend the director from office for a period not exceeding one month; or

        (b)     remove the director from office.

    (3)     A suspension imposed under subsection (2)(a) cannot be extended or renewed.

    (4)     A suspended director is, by force of this subsection, restored to office at the end of the period of suspension unless the director is removed from office within that period.

    (5)     In exercising a power conferred by subsection (2) to remove a director from office, the board must do so by notice in writing delivered to the director that—

        (a)     specifies a date, not earlier than 7 days after the date of the notice, on which the removal is to take effect; and

        (b)     informs the director that at any time prior to the removal taking effect the director may submit to the board reasons as to why the director should not be removed from office.

    (6)     If the board exercises a power conferred by subsection (2) to remove a director from office, the board may revoke the notice of removal, by notice in writing delivered to the director, at any time before it takes effect.

S. 3.1.18A inserted by No. 71/2010 s. 59.