Victorian Current Acts

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Reserve powers of Minister

    (1)     If the Minister is satisfied that the board of an institute

S. 3.1.19(1)(a) amended by No. 58/2007 s. 17(1).

        (a)     is inefficiently or incompetently governing the institute; or

S. 3.1.19(1)(b) amended by No. 73/2012 s. 12.

        (b)     is failing to comply with its VET funding contract; or

        (c)     has failed to comply with any provision of this Act, a guideline issued by the Minister or any directions given to the board by the Minister under this Act or an Order establishing the board

the Minister may do any one or more of the following—

        (d)     issue written directions to the board about—

S. 3.1.19(1)(d)(i) amended by No. 58/2007 s. 17(2).

              (i)     action to be taken to remedy inefficient or incompetent governance, which may include the dismissal of the chief executive officer of the institute; or

S. 3.1.19 (1)(d)(ii) amended by No. 73/2012 s. 12.

              (ii)     compliance with a VET funding contract; or

              (iii)     compliance with the Act, guidelines, directions or an Order; or

        (e)     censure the board; or

S. 3.1.19(1)(f) substituted by No. 73/2012 s. 22(1).

        (f)     recommend that the Governor in Council dismiss the directors of the board; or


If all the directors of the board were dismissed, new directors would be appointed in accordance with section 3.1.16.

        (g)     recommend to the Governor in Council that an administrator of the institute be appointed in accordance with this Division.

    (2)     If the Minister is satisfied that a board has failed to comply with a direction given under subsection (1)(d) the Minister may do any one or more of the things specified in subsection (1)(e), (f) and (g).

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