105 Filling casual vacancies of elected trustees

(1)

Subject to subsections (2) to (9), every casual vacancy for an elected trustee shall be filled by the election of a trustee, in the same manner as that in which the vacating trustee was elected, for the residue of the vacating trustee’s term.

(2)

If no nominations are received for the election of a trustee by students, or no trustee is elected at such an election, the vacancy shall not be filled until the next election required to be held by section 101(2) or section 78P.

(3)

Where a casual vacancy for an elected trustee occurs during any period of 6 months commencing on 1 October in a year before an election year, the board may, not later than 28 days after it occurs, resolve not to fill it; and in that case it shall not be filled.

(4)

When a casual vacancy for an elected trustee occurs at any other time, the board must resolve, within 8 weeks of the vacancy occurring, whether to—

(a)

hold an election to fill the vacancy; or

(b)

fill the vacancy by selection.

(4A)

[Repealed]

(5)

If the board resolves to fill the vacancy by selection it must, within 14 days of the resolution, publish a notice in a newspaper circulating in the area stating that there is a vacancy and that the board proposes to fill it by selection.

(6)

A board may not resolve to fill a casual vacancy by selection if the effect would be that the number of elected parent representatives on the board is less than, or equal to, the number of parent representatives on the board who have not been elected.

(7)

Despite resolving to fill a vacancy by selection, the board must hold an election to fill the vacancy if, within 28 days of the publication of the notice referred to in subsection (5), a total of at least 10% of the people entitled to vote in an election for trustees advises the board, in writing, that they wish the vacancy to be filled by an election.

(8)

An election to fill a casual vacancy for an elected trustee must be held,—

(a)

if the board resolved under subsection (4)(a) to hold an election, on the 15th Friday after the date on which the vacancy occurred, or on any earlier date fixed by the board at least 6 weeks before the election date; or

(b)

if the board holds an election as a result of a request under subsection (7), on the tenth Friday after receiving the request, or on any earlier date fixed by the board at least 6 weeks before the election date.

(9)

If the board resolved under subsection (4) to fill a casual vacancy by selection, then, once the last date for lodging a request under subsection (7) has passed, the board must select a person within 6 weeks of that date, and the person selected takes office on the day of selection by the board.

(10)

This Act applies to a trustee selected under this section to fill a casual vacancy of an elected trustee as if the person had been elected, and every reference to an elected trustee (except in subsection (6)) includes a reference to a trustee so selected.

Section 105 heading: amended, on 17 May 2006, by section 15(1) of the Education Amendment Act 2006 (2006 No 19).

Section 105(1): amended, on 17 May 2006, by section 15(2) of the Education Amendment Act 2006 (2006 No 19).

Section 105(2): amended, on 25 October 2001, by section 82(1) of the Education Standards Act 2001 (2001 No 88).

Section 105(3): amended, on 15 December 1994, by section 3(3) of the Education Amendment Act 1994 (1994 No 148).

Section 105(4): replaced, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).

Section 105(4A): repealed, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).

Section 105(5): replaced, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).

Section 105(6): replaced, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).

Section 105(7): replaced, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).

Section 105(8): replaced, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).

Section 105(9): inserted, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).

Section 105(10): inserted, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).