Western Australian College of Teaching Amendment Act 2007 (WA)

Western Australia

Western Australian College of Teaching

Amendment Act 2007

Western Australia

Western Australian College of Teaching

Amendment Act 2007

CONTENTS

1.	Short title	2
2.	Commencement	2
3.	The Act amended	2
4.	Section 3 amended	2
5.	Section 9 amended	2
6.	Schedule 1 amended	3

1.	Terms used in this Schedule	3
2.	Terms of office	3

Western Australia

Western Australian College of Teaching

Amendment Act 2007

No. 18 of 2007

An Act to amend the Western Australian College of Teaching

Act 2004.

[Assented to 3 July 2007]

The Parliament of Western Australia enacts as follows:

Western Australian College of Teaching Amendment Act 2007

s. 1

1.             Short title

This is the Western Australian College of Teaching Amendment

Act 2007.

2.             Commencement

This Act comes into operation as follows:

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on the day after that day.

3.             The Act amended

The amendments in this Act are to the Western Australian

College of Teaching Act 2004*.

[* Act No. 8 of 2004.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1.]

4.             Section 3 amended

Section 3(1) is amended in the definition of “rules” by deleting

“85;” and inserting instead —

“ 85 or regulations made under section 86(1)(b); ”.

5.             Section 9 amended

(1)

Section 9(5) is amended by deleting “by the Electoral

Commissioner, appointed under the Electoral Act 1907,”.

(2)

After section 9(5) the following subsection is inserted —

“

(5a)

Without limiting subsection (5), the rules may confer

functions on the Electoral Commissioner appointed

under the Electoral Act 1907.

”.

Western Australian College of Teaching Amendment Act 2007

s. 6

(3)

Section 9(6) is amended by deleting “conducting an election in

accordance with this section” and inserting instead —

“ relation to an election under subsection (2) ”.

(4)

Section 9(9) is repealed.

6.             Schedule 1 amended

(1)

Schedule 1 clauses 1 and 2 are repealed and the following

clauses are inserted instead —

“

1.              Terms used in this Schedule

In this Schedule, unless the contrary intention appears —

“appointed” means appointed under section 9(1);

“elected” means elected under section 9(2);

“inaugural election” means —

(a)	the first election held under section 9(2)(a)(ii); or
(b)	the first election held under section 9(2)(b)(ii); or
(c)	the first election held under section 9(2)(c)(ii),

and includes an election held by reason of the failure,

partial failure or invalidity of any of those elections;

“member” means a member of the Board.

2.              Terms of office

(1)

An appointed member holds office for the period, not

exceeding 3 years, specified in the instrument of his or her

appointment.

(2)

A member elected at an inaugural election holds office for

the period ending on the day determined by the Minister

under subclause (11)(a).

(3)

A member elected to fill a vacancy in the office of —

(a)	an elected member; or
(b)	a member appointed under clause 3(2),

occurring by effluxion of time holds office for the period

ending 3 years after the occurrence of that vacancy.

Western Australian College of Teaching Amendment Act 2007

s. 6

(4)

A member elected to fill a vacancy in the office of an

elected member occurring otherwise than by effluxion of

time holds office for the remainder of the period for which

his or her predecessor in office was elected.

(5)

A member appointed under clause 3(2) holds office for the remainder of the period for which his or her predecessor in office was —

(a)	elected; or
(b)	appointed under clause 3(2),

as the case may be.

(6)

Despite subclauses (1) to (5), if the period of office of a

member expires by effluxion of time without a person

having been appointed or elected to fill the vacancy, the

member continues in office until —

(a)	a person is appointed or elected to fill the vacancy; or
(b)	a period of 3 months elapses after the expiry of the period of office,

whichever occurs first.

(7)

Subclauses (1) to (6) have effect subject to clause 4.

(8)

An appointed member is eligible for re-appointment.

(9)

An elected member is eligible for re-election.

(10)

A member appointed under clause 3(2) is eligible for

election.

(11)

Before the inaugural elections are held the day on which the

terms of the members elected at those elections are to end

must be —

(a)	determined by the Minister; and
(b)	published in the Gazette.

(12) The day determined under subclause (11)(a) must not be more than 3 years after the day on which it is published under subclause (11)(b).

”.

Western Australian College of Teaching Amendment Act 2007

s. 6

(2)

Schedule 1 clause 3 is amended by deleting “Whenever” and

inserting instead —

“

(1) Subject to subclause (2), whenever

”.

(3)

At the end of Schedule 1 clause 3 the following subclauses are

inserted —

“

(2)

Despite sections 7(2)(b) and 9(2) and subclause (1), in the

case of —

(a)	a vacancy in the office of an elected member occurring during the period of one year ending on the day on which the office would have become vacant by effluxion of time; or
(b)	a vacancy in the office of a member appointed under this subclause occurring otherwise than by effluxion of time,

the Minister is to appoint a person to fill the vacancy.

(3) The person appointed under subclause (2) is to be a person the Minister considers to be representative of the registered teachers mentioned in section 9(2)(a)(ii), (b)(ii) or (c)(ii) as the case may require.

”.

(4)

Schedule 1 clause 5(2) is repealed and the following subclause

is inserted instead —

“

(2)

A person elected under subclause (1) is to hold that office

for —

(a)	the period ending one year after the election; or
(b)	the unexpired period of his or her current term of office as a member,

whichever is the shorter period, and is eligible for

re-election.

”.

Western Australian College of Teaching Amendment Act 2007

s. 6

(5)

After Schedule 1 clause 5(3) the following subclause is

inserted —

“

(4)

The office of the chairperson or deputy chairperson becomes

vacant if the person holding the office —

(a)	resigns the office by written notice addressed to the Director; or
(b)	ceases to be a member.

”.