BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION AMENDMENT BILL 2005 
SERIAL NO. …….

EXPLANATORY STATEMENT

GENERAL OUTLINE

The purpose of this Bill is to:

1.	amend the Batchelor Institute of Indigenous Tertiary Education Act to incorporate the National Governance Protocols for Higher Education Institutions;
2.	ensure Batchelor Institute of Indigenous Tertiary Education’s governance is in line with preferred national practice in the higher education sector; and
3.	ensure maximum Commonwealth Government funding for Batchelor Institute of Indigenous Tertiary Education through compliance with the National Governance Protocols.

NOTES ON CLAUSES

Clause 1.	Short Title

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Batchelor Institute of Indigenous Tertiary Education Amendment Act 2005.

Clause 2.	Commencement

This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

Clause 3.	Principal Act amended

This Act amends the Batchelor Institute of Indigenous Tertiary Education Act.

Clause 4.		Amendment of section 10 (Composition of Council)
This amendment increases the number of Council members to 22 to allow for one person with commercial expertise and financial expertise nominated by the Minister and one person with financial expertise, nominated by the Council.

Clause 5.		Amendment of section 13 (Request for nominations)
This amendment addresses the labelling of subsections to incorporate the amendments to section 10, including the Council nominating the Council member with financial expertise.

Clause 6.		New section 17A
This section lists the duties of members of Council which include:
(a)	must act solely in the interests of the Institute as a whole , with this obligation to be observed in priority to any duty a member may owe to those electing or appointing him or her;
(b)	must act in good faith, honestly and for a proper purpose;
(c)	must exercise appropriate care and diligence;
(d)	must not use his or her office to improperly gain an advantage (either for the member or another person); and
(e)	must disclose and avoid conflicts of interest.

Clause 7.		Amendment of section 18 (Vacation or termination of office of member)
This amendment includes the requirement that a Council member vacates the office of member if he or she is disqualified from acting as a Director of a company or managing corporations under Part 2D.6 of the Corporations Act 2001.
This section makes clear that the Council may terminate a member's appointment if it is satisfied that the member has not carried out his or her duties.
This section states that 	the Council requires a two-thirds majority to remove a member for breach of his or her duties.