13.11.1 Establishment
See paragraph 6.1 of the Instruments
A Board, to be called the Veterans’ Children Education Board, is established in the capital city of each State.
Boards are established under section 117(5)(e) of the VEA, and section 258(3)(d) of the MRCA.
The Boards are responsible to the Repatriation Commission and the MRCC for the administration of the Veterans’ Children Education Scheme and Military Rehabilitation and Compensation Act Education and Training Scheme in each state and territory.
13.11.2 Membership
See paragraph 6.2 of the Instruments
Each Board shall consist of not less than five members and no more than fifteen members, each of whom are to be:
(a) nominated by an organisation that is interested in the educational welfare of eligible students including eligible children under the MRCA Children’s’ Scheme (MRCAETS).;
(b) personally interested in, and able to contribute to, the educational welfare of eligible students including eligible children under the MRCA Children’s’ Scheme (MRCAETS); and
(c) appointed by the Commission.
Board members shall serve in an honorary capacity but the Commission may reimburse them for expenses incurred in connection with the Scheme during their term of appointment.
A member of a Board who incurs a legal liability in the performance of his or her duties as a member of the Board is in the same legal position as an employee of the Department.
13.11.3 Appointment
See paragraph 6.3 of the Instruments
Board members may be appointed by the Commission for an initial period of 3 years. The Board members may then be reappointed by the Commission for such further period as the Commission determines.
Appointment of members, to the Board shall be on the basis of a selection procedure whereby:
(a) the Board Secretary and Chairperson shall inform the nominating organisations of the nature of the Board’s contribution to the Scheme; and
(b) nominating organisations shall:
(i) select individuals on the basis of the direct contribution they could make to the Children’s Education Scheme in terms of interpersonal skills and educational contacts and relevant, educational experience;
(ii) provide more than one nomination wherever possible; and
(iii) provide a full resume for those nominated; and
(c) a Board Chairperson and a person nominated by the Commission shall interview prospective nominees to inform them of the functions of the Board and the commitment expected from Board members; and
(d) the appointment of a member to a Board shall be made by the Commission subject to the MRCC approving the appointment. The Commission is to notify the MRCC of a proposed appointment to a Board (which notice may be in electronic form) and the MRCC is to notify the Commission of its approval or rejection of the proposed appointment (which notice may be in electronic form).
13.11.3.1 Working with Children Checks
VCES and MRCAETS Board members, DVA staff and third party service providers, including tutors engaged by parents and paid by DVA, are required to obtain and maintain a current Working with Children Check, as their usual duties may involve, or are likely to involve, contact with children in the form of providing a counselling or other support service. Overall national information can be found here. [1]
State legislation in Western Australia, Victoria, Queensland and New South Wales requires employees and volunteers involved in child related work to obtain a Working With Children Check. These Checks examine the criminal record of the person to confirm if they have been convicted of, or charged with, certain prohibited offences. If a person receives a negative notice they must not carry out child related work.
In South Australia, persons whose employment requires regular contact with children are required to obtain a police clearance.
In the ACT, people working with children are required to obtain a Working With Vulnerable People check.
In Tasmania, the Department of Health and Human Services has committed to establishing a centralised background checking and risk assessment process for volunteering or working with children and vulnerable people. It is anticipated that legislation (Draft Working with Vulnerable People (Background Checking) Bill 2013) will be introduced to the Tasmanian Parliament in 2014. In the interim, the VCES Secretary undertakes a Police Check for Board Members.
Staff and Board members who have face-to-face contact with minors in more than one State or Territory are required to obtain the relevant clearances from each jurisdiction.
13.11.4 Termination of Appointment
See paragraph 6.4 of the Instruments
The Commission may, on the recommendation of a Board, terminate the appointment of any member of a Board on the grounds of:
(a) repeated absences from Board meetings; or
(b) physical or mental incapacity; or
(c) misbehaviour; or
(d) resignation or dismissal from the nominating organisation; or
(e) the member’s wish to resign; or
(f) the withdrawal of support for the member’s continued membership of the Board by the member’s nominating organisation.
In the event of a vacancy occurring by reason of repeated absences, the death, termination of appointment, resignation or forfeiture of office of any member of an Education Board, the vacancy may be filled for the remainder of that member’s term of appointment.
13.11.5 Function and Meetings
See paragraph 6.5 of the Instruments
Under section 117(5)(e) of the VEA and section 258(3)(d) of the MRCA, Boards may perform such functions in connection with the operation of the Scheme as are conferred on them under the Scheme.
The functions referred to in paragraph 6.5.1 include:
(a) providing and arranging expert guidance to assist students in the planning of their studies;
(b) assisting in supervising the education of primary and secondary students and in monitoring their progress;
(c) referring students and their families to community welfare, education, guidance and counselling services where appropriate;
(d) making recommendations to the Commission on matters relating to the education of the students;
dealing with all matters in connection with students’ education or career training that are referred to them by the Commission.
(e) subject to paragraph 9.2 (consent of original members), acting as MRCA Children’s Boards.
13.11.6 Exercise of functions by a sub-committee
See paragraph 6.6 of the Instruments
A sub-committee of a Board may consist of one or more members and may exercise such functions as the Board determines.
13.11.7 Chairperson
See paragraph 6.7 of the Instruments
At the first meeting in each calendar year the members of each Board shall elect one of their members to be the Chairperson and another to be the Deputy Chairperson, of the relevant Board.
13.11.8 Meetings
See paragraph 6.8 of the Instruments
Boards shall meet at least four times in each calendar year.
In the absence of the Chairperson from any meeting of a Board, the Deputy Chairperson shall preside, and in the absence of the Deputy Chairperson, the members present at the meeting shall elect one of their members to preside at the meeting.
Three members of an Education Board shall form a quorum.
13.11.8.1 Annual Report
See paragraph 6.9 of the Instruments
As soon as practicable after 30 June each year each Board shall submit a statistical return for inclusion in the Commission’s annual report. A Board in a State may combine its statistical return with a statistical return of the Board in that State.
Links
[1] https://aifs.gov.au/cfca/publications/pre-employment-screening-working-children-checks-and-police-checks