Part 8, Division 3 · Tertiary Education Quality and Standards Agency Act 2011

Contents

Division 3 · TEQSA procedures

148Times and places of meetings#

(1)The Chief Commissioner must ensure that such meetings are held as are necessary for the efficient performance of TEQSA’s functions.

(2)Meetings are to be held at such times and places as the Chief Commissioner decides.

(3)The Chief Commissioner must convene a meeting if requested, in writing, by at least 2 of the other Commissioners.

149Conduct of meetings#

Presiding at meetings

(1)The Chief Commissioner presides at all meetings at which he or she is present.

(2)If the Chief Commissioner is not present at a meeting, a Commissioner:

(a)nominated by the Chief Commissioner; and

(b)present at the meeting;

must preside.

Quorum

(3)At a meeting of TEQSA, a quorum is constituted by a majority of Commissioners.

Rules of procedure

(4)TEQSA may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.

Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.

Voting

(5)The person presiding at a meeting of TEQSA has a deliberative vote but, if the votes are equal, does not have a casting vote.

Minutes

(6)TEQSA must ensure that minutes of its meetings are kept.

150Disclosure of interests#

(1)If a Commissioner has an interest, pecuniary or otherwise, in a matter being considered, or about to be considered, at a meeting, the Commissioner must disclose the nature of that interest to the other Commissioners.

(2)The disclosure must be made as soon as possible after the relevant facts have come to the Commissioner’s knowledge.

(3)The disclosure must be recorded in the minutes of the meeting.

(4)Unless TEQSA otherwise determines, the Commissioner:

(a)must not be present during TEQSA’s deliberation on the matter; and

(b)must not take part in TEQSA’s decision on the matter.

(5)For the purposes of TEQSA making a determination under subsection (4), the Commissioner:

(a)must not be present during any of TEQSA’s deliberations for the purpose of making the determination; and

(b)must not take part in making the determination.

(6)A determination under subsection (4) must be recorded in the minutes of the meeting.

Subdivision B · Decisions without meetings

151Decisions without meetings#

(1)A decision is taken to have been made at a meeting of TEQSA if:

(a)without meeting, a majority of Commissioners indicate agreement with the proposed decision in accordance with the method determined by TEQSA under subsection (2); and

(b)all Commissioners were informed of the proposed decision, or reasonable efforts were made to inform all Commissioners of the proposed decision.

(2)Subsection (1) applies if TEQSA:

(a)has determined that it applies; and

(b)has determined the method by which Commissioners are to indicate agreement with proposed decisions.

152Record of decisions#

TEQSA must keep a record of decisions made in accordance with section 151.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.