Education Amendment Act 2000

15 New sections 101A and 101B inserted
  • The principal Act is amended by inserting, after section 101, the following sections:

    101A Staggered elections for parent representatives
    • (1) This section and section 101B apply to the election of trustees who are parent representatives.

      (2) A Board may decide, in accordance with this section, to adopt a staggered election cycle in which half the number of its parent representatives are elected at an election held at a mid-term election, and the remainder are elected at an election held in an election year.

      (3) For the purposes of subsection (2), if there is an odd number of parent representatives on the Board, half the number of its parent representatives means the highest whole number less than half the total number of parent representatives.

      (4) A Board that has decided to adopt a staggered election cycle must—

      • (a) hold a mid-term election in the month that is 18 months after the month in which the election in the preceding election year was held; and

      • (b) conduct every mid-term election in accordance with the provisions of this Part and any regulations under this Act relating to the election of trustees (modified as necessary to give effect to this section and section 101B).

      (5) If the Board's decision under subsection (2) is made at a time when the next election due to be held is in an election year, the Board must ensure that at that election the nomination forms and voting papers indicate which nominees are standing for 18 months and which are standing for 3 years.

      (6) If the Board's decision under subsection (2) is made within 18 months after an election in an election year, the Board must decide which of its parent representatives will stand down at the mid-term election; and that decision must be by consensus of the parent representatives or, if consensus cannot be reached, by ballot of all the parent representatives.

      (7) Every parent representative who, in accordance with subsection (6), is to stand down at a mid-term election, goes out of office at the close of the day before the day on which the successor takes office following the election.

      (8) A Board that has a staggered election cycle may decide to revert to holding elections only in election years. In that case, at the next election held in an election year, all the parent representatives go out of office in accordance with section 102(8).

    101B Consultation requirements for staggered elections of parent representatives
    • (1) Every decision under section 101A(2) must be made by the Board by resolution passed at a meeting of the Board open to all parents of students enrolled at the school or schools administered by the Board.

      (2) Before making a decision under section 101A(2), a Board must take reasonable steps to ensure that the parents of students enrolled at the school or schools administered by the Board have reasonable notice of—

      • (a) the time, day, and place of the meeting of the Board at which the decision is to be made; and

      • (b) the nature of the decision; and

      • (c) the fact that they have a right to attend the meeting.