Education (Update) Amendment Act 2017

  • A correction has been made to section 156(2) on 19 May 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
84 New sections 101C and 101D and cross-heading inserted

After section 101B, insert:

101C Provisions relating to board with staggered election cycle where commissioner appointed

(1)

This section applies if a commissioner has been appointed in place of a board that has, or has decided to have, a staggered election cycle, and the commissioner has appointed a date under section 78P for the holding of elections of trustees for a new board.

(2)

Despite anything in section 102, the nomination forms and voting forms for the election must show which nominees are standing only until the next election, and which are standing until the election after the next election.

(3)

Despite anything in section 102, trustees who are elected only until the next election go out of office at the close of the day before the day on which the successor takes office following the election.

(4)

If the date that the commissioner has appointed under section 78P is a date that is within 6 months before the date on which an election is due to be held, the board does not have to hold an election on that date and this section applies as if that election were not due to be held.

101D Validation and invalidation of elections of boards

(1)

Subsection (2) applies if—

(a)

anything required to be done in connection with an election under this Act—

(i)

has been done after the time it is required to be done; or

(ii)

has not been done at all; or

(iii)

has been done irregularly; and

(b)

the Minister thinks the lateness, omission, or irregularity could not materially have affected the result of the election.

(2)

If this subsection applies, the Minister may, by notice in the Gazette, validate the lateness, omission, or irregularity.

(3)

Where anything required to be done in connection with an election under this Act cannot be done at or by the time at or by which it is required to be done, the Minister may, at any time, by notice in the Gazette, extend the time for doing it.

(4)

Subsection (5) applies if there occurs in connection with an election under this Act—

(a)

any lateness, omission, or irregularity that is capable of being validated under this section, but which the Minister thinks would be improper or undesirable to validate; or

(b)

any other irregularity that the Minister thinks could materially have affected the result of the election.

(5)

If this subsection applies to an election, the Minister may at any time within 60 days of the election, by notice in the Gazette,—

(a)

declare the election invalid; and

(b)

require a new election to be held on a day specified in the notice; and

(c)

declare that the trustees holding office on the date of the invalid election remain in office until the close of the day before the day on which the new trustees take office.

Term of office of trustees