Staff on TAFE Boards

In 2015, the instituite CEO and a staff elected director was returned to the board of each TAFE institute. The Government recognised that TAFE insitutes could not be governed on the basis of commercial drivers alone – and that it was necessary for boards to understand the issues affecting staff, students and the community.

 No director whatever the nature of their appointment, represents a constituency.  Consequently, the CEO and elected Staff Director are equal members of the Board of the Institute and as such do not represent staff or their interests but assume a role in relation to the whole Institute.

As directors on the Board, the CEO and staff elected Director are in a unique position in that unlike the other Directors, they are not deemed “independent.” An independent Board member is one who is not connected personally, financially, commercially or professionally with the public entity’s management or with any other business or relationship that could interfere with their independent judgement. 

The role of a “non–independent” director provides challenges for the person holding office on the Board in that they at all times, need to make a separation between their role as a Director and their other role, in this case as a CEO or staff member of the Institute. 

The CEO and the Staff Elected Director may have much more detailed knowledge about aspects of the operations of the Institute than other Directors, however they must be particularly mindful of the strategic role of the Board and not give into the temptation to engage in or facilitate discussions relating to operational detail. 

They must be very careful to at all times contribute to Board discussions and deliberations as a Director and not as a CEO or staff member unless specifically asked to do so.

Under the Code of Conduct for Directors of Victorian Public Entities, Directors have a duty to use their position appropriately. This includes not abusing the influence or access to information that the role provides.  This includes not using information for personal gain or some other motive; not joining a Board as a favour or duty to a friend, colleague, or association where you consider that the impartiality of your decisions may be compromised or would reasonably be perceived to be compromised; and never seeking to gain undue benefit for any party from information gained as a Director.

A Director who improperly uses their position to gain an advantage for themselves or someone else or to cause detriment to the entity will be liable for their actions under both civil and criminal law.