Education Act 2016

holding that office and also the office of a member; or

accepting any remuneration payable to a member.

The State Service Act 2000 does not apply in relation to a member in his or her capacity as a member.

A person may hold the office of member in conjunction with State Service employment.

A member is entitled to be paid such remuneration and allowances as the Minister determines.

A member who is a State Service officer or State Service employee is not entitled to remuneration or allowances under this clause except with the approval of the Minister administering the State Service Act 2000.

A member holds office on such conditions in relation to matters not provided for by this Act as are specified in the member's instrument of appointment.

A member vacates office if the member –

dies; or

resigns; or

is removed from office under subclause (2) or (3).

The Minister may remove a member from office if the member –

is absent from 3 consecutive meetings of the Tasmanian Home Education Advisory Council without the permission of the Council; or

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a term of 12 months or longer; or

is convicted of an offence against this Act.

The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.

An act or proceeding of the Tasmanian Home Education Advisory Council or of a person acting under the direction of the Tasmanian Home Education Advisory Council is not invalidated by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the office of a member.

All acts or proceedings of the Tasmanian Home Education Advisory Council or of a person acting under the direction of the Tasmanian Home Education Advisory Council are, despite any subsequent discovery of a defect in the appointment of a member or that any other person was disqualified from acting as, or capable of being, a member, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Tasmanian Home Education Advisory Council had been fully constituted.

the constitution of the Tasmanian Home Education Advisory Council; or

the appointment of any member.

The chairperson, after giving each member reasonable notice of a meeting –

may convene a meeting at any time; and

must convene a meeting when requested to do so by 2 or more other members.

If the chairperson is absent from duty or otherwise unable to perform the duties of the office, a meeting may be convened, after reasonable notice of the meeting has been given of it, by –

two or more other members; or

a person authorised by the Tasmanian Home Education Advisory Council to do so.

For the purposes of subclauses (1) and (2), what constitutes reasonable notice is to be determined by the Tasmanian Home Education Advisory Council.

The chairperson is to preside at all meetings of the Tasmanian Home Education Advisory Council at which he or she is present.

If the chairperson is not present at a meeting of the Tasmanian Home Education Advisory Council, a member elected by the members present at the meeting is to preside.

At a meeting of the Tasmanian Home Education Advisory Council, a quorum is constituted by a majority of the total number of members appointed.

A meeting of the Tasmanian Home Education Advisory Council at which a quorum is present is competent to transact any business of the Tasmanian Home Education Advisory Council.

At a meeting of the Tasmanian Home Education Advisory Council –

a question is decided by a majority of votes of the members present and voting; and

the member presiding has a deliberative vote and, in the event of an equality of votes, also a casting vote.

Subject to this Act, the Tasmanian Home Education Advisory Council may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.

The Tasmanian Home Education Advisory Council may permit members to participate in a particular meeting or all meetings by –

telephone; or

video conference; or

any other means of communication approved by the Council.

A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.

Without limiting subclause (1), the Tasmanian Home Education Advisory Council may allow a person to attend a meeting for the purpose of advising or informing it on any matter.

If all members sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the Tasmanian Home Education Advisory Council held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last of the members signs the document.

If a resolution is taken to have been passed under subclause (1), each member is to be –

advised immediately of the matter; and

given a copy of the terms of the resolution.

For the purposes of subclause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is taken to constitute one document.

The Registrar is entitled to attend all meetings of the Tasmanian Home Education Advisory Council.

At a meeting of the Tasmanian Home Education Advisory Council, the Registrar –

is to provide information and advice as requested by the Council; but

otherwise may not participate in the meeting.

The Registrar may not vote at a meeting of the Tasmanian Home Education Advisory Council.

The Tasmanian Home Education Advisory Council is to keep accurate minutes of its meetings.

Within 14 days after a meeting, the Tasmanian Home Education Advisory Council is to provide a copy of its minutes of the meeting to the Registrar.

any resolution of the Tasmanian Home Education Advisory Council; and

the presence of a quorum at any meeting of the Tasmanian Home Education Advisory Council.