Education Amendment Act 2006

15 Filling of casual vacancies
  • (1) The heading to section 105 is amended by omitting of casual vacancies and substituting casual vacancies of elected trustees.

    (2) Section 105(1) is amended by omitting (4A) and substituting (9).

    (3) Section 105 is amended by repealing subsections (4) to (8) and substituting the following subsections:

    • (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.

    • (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 10th 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.

    (4) A trustee who holds office as a result of an appointment under section 105 of the principal Act (as it was immediately before this section comes into force) is to be treated, after this section comes into force, as a trustee selected under that section.

    (5) Section 94B(8) is consequentially amended by omitting appointment and substituting selection.