Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 3.3.35

Reserve powers of Minister

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

        (a)     is inefficiently or incompetently managing the institution; or

        (b)     is failing to comply with its performance agreement; or

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

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

        (d)     issue written directions to the governing board about—

S. 3.3.35(1)(d)(i) amended by No. 58/2007 s. 19(1).

              (i)     action to be taken to remedy inefficient or incompetent management, which may include the dismissal of the institution's chief executive officer; or

              (ii)     compliance with a performance agreement; or

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

        (e)     censure the governing board;

S. 3.3.35(1)(f) substituted by No. 73/2012 s. 31(1).

        (f)     recommend that the Governor in Council dismiss the members of the governing board;

Note

If all the members of the governing board were dismissed, new members would be appointed in accordance with section 3.3.33.

        (g)     recommend to the Governor in Council that an administrator of the institution be appointed.

    (2)     If the Minister is satisfied that a governing 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).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback