Co-operatives Act 2009

Except as provided in subsections (2), (3) and (4), the directors of a co‑operative are to be elected in the manner specified in the rules of the co‑operative.

The first directors of —

a co‑operative formed under this Act are to be elected at its formation meeting; and

a co‑operative that was a corporation incorporated under another Act are to be the directors in office at the date of registration under this Act.

If authorised by the rules of the co‑operative, a board of directors may —

appoint a person to fill a casual vacancy in the office of a director until the next annual general meeting; or

appoint an employee of the co‑operative, or a person qualified as provided by the rules, to be a director of the co‑operative until the next annual general meeting.

A resolution passed at a general meeting of a co‑operative electing 2 or more directors is void unless —

the meeting previously resolved that the nominations for election could be voted on together; and

no votes were cast against that previous resolution.

Subsection (4) does not affect —

a resolution to appoint directors by an amendment to the co‑operative’s rules; or

a ballot or poll to elect 2 or more directors if the ballot or poll does not require members voting for one candidate to vote for another specific candidate.

For the purposes of subsection (5), a ballot or poll does not require a member to vote for a candidate merely because the member is required to express a preference among individual candidates in order to cast a valid vote.

A nomination for election or appointment to the office of a director must give details of the qualifications and experience of the person nominated.

Unless this Act or the rules of a co‑operative provides otherwise, a director is eligible for re‑election at the end of his or her term of office.