Board members missing three meetings without prior leave
Three strikes, and you're out! open_in_new
Schedule 23 (clause 12) of the Education and Training Act 2020open_in_new states that an elected, selected, appointed, or co-opted board member's office (position on the board) becomes vacant if they are absent from three consecutive board meetings without prior leave.
Boards do not have any discretion regarding the application of this legislation.
Once a board member misses three meetings in a row and prior leave has not been approved, their office is vacant, and they are no longer a board member.
Your board will then have a casual vacancy that must be filled appropriately.
You can read more about the process for filling casual vacancies in this section of the Resource Centre: Elections, Vacancies & Succession Planning.
What is “prior leave”, and how do you get it?
Prior leave is a formal request in writing for a period of leave from attending board meetings.
When writing to your board, state why you need to be absent, the period you will be absent, and any additional information that might help your board's decision-making process.
Prior leave requests must be sought before the period of absence commences. It cannot be sought to cover meetings that have already been missed.
Send your request via the presiding member in time for it to be included in your board’s agenda as a public-excluded business (PEB) discussion item.
Is giving an apology the same as obtaining prior leave?
Tendering apologies at meetings is different from obtaining prior leave.
It’s appropriate to send an apology if you expected to attend the meeting but were prevented from doing so by an unexpected event, such as illness.
Prior leave is sought when you know, in advance, that you will be absent from one or more board meetings.
Prior leave can only be sought before the period of absence commences.
Can someone temporarily fill your office while you’re on leave?
For positions such as the staff or student representative, your board may like to discuss how it can continue to hear these perspectives in board discussions while the representative is absent.
Some boards have another staff member or student attend as a visitor and provide them with speaking rights to hear their perspective.
However, the staff member or student stepping in is not a board member and, therefore, cannot vote.
A parent-elected representative can’t have someone fill their office while on leave, but your board could consider co-opting another person if they want to maintain numbers.
How should your board manage requests for prior leave?
Your board should consider the request in the PEB section of a meeting.
You should carefully assess how the absence will affect the board's ability to govern constitutionally.
Your board will then decide to grant or decline the prior leave request through a resolution in your board minutes.
If your board grants prior leave, the board member concerned can be absent without their office becoming vacant for the agreed duration.
If your board declines the request for prior leave, clearly explain the reasoning behind your decision and provide the board member with an alternative way of attending your board meeting, such as attending online.
Note: Boards do not have to grant leave just because it is requested, but they should show that they carefully considered the request.
What actions should your board take to ensure members do not miss three consecutive meetings?
The presiding member should ensure that all board members know this rule. Make it part of induction and your regular board review processes. Remember, ignorance of the law is no excuse.
Everyone should be aware of when all board meetings are held.
The date, time, and place of your next board meeting should be determined at the end of every board meeting, and then your school community should also be notified.
No board should deliberately hold board meetings without a board member’s knowledge.
To ensure all board members attend regularly, your board should discuss what dates and times work best for everyone. It may also be useful to talk about any other potential barriers to attendance.
If a board member is having difficulty attending or has already missed two meetings, your presiding member should be making every effort to:
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Identify any barriers to the board member’s attendance.
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Remind them of the requirement to attend the next board meeting.
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Remind them that they will cease to be a board member should they not attend.
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Determine how your board can assist them – this could be by attending meetings online, using Zoom, Google Meet, Teams, etc.
Questions your board could ask
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Are all our members aware of the three-strike rule?
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How do we monitor board member attendance?
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Do we have processes in place for making and determining prior leave requests?
Templates, resources, and references
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Links from us
Education and Training Act 2020