TAFE Queensland Act 2013

A person is disqualified from becoming, or continuing as, a member if the person—

has a conviction for an indictable offence and the conviction is not a spent conviction, unless the Minister has taken action under subsection (4) for the conviction; or

is an insolvent under administration, unless the Minister has taken action under subsection (4) for the person being an insolvent under administration; or

is not able to manage a corporation because of the Corporations Act, part 2D.6.

Also, a person can not—

become a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 34; or

continue as a member if the person is absent from 3 consecutive board meetings of which proper notice has been given unless—

the board has given permission for the person to be absent from the meetings; or

the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 21.

The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so having regard to—

the circumstances of the indictable offence of which a person has been convicted; or

the circumstances under which a person became an insolvent under administration.

The Minister may—

if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not since ended, give the chairperson and the person notice (approval notice) that—

the person is restored as a member; and

the person may be later reappointed, despite the conviction or being an insolvent under administration; or

otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.

On the day the chairperson receives the approval notice the person is restored as a member.

The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration.

In this section—