EDUCATION (GENERAL PROVISIONS) ACT 2006 - SECT 95 Amendment of school council’s constitution

EDUCATION (GENERAL PROVISIONS) ACT 2006 - SECT 95

95 Amendment of school council’s constitution

(1) A school council for a State school may prepare and adopt an amendment of its constitution.

(2) In preparing a proposed amendment, the council must have regard to the model constitution.

(3) An amendment has no effect unless—

(a) the amended constitution is consistent with the model constitution; or

(b) the amendment is approved by the chief executive.

(4) The chief executive must not approve an amendment unless the chief executive is satisfied—

(a) notice of the proposed amendment was given, at least 30 days before the council meeting that considered the amendment, to the following—

(i) the council members;

(ii) if there is an association formed for the school—the association;

(iii) the school’s staff (including, for example, by displaying the proposed amendment in a staff room);

(iv) the school’s students (including, for example, by publishing the proposed amendment in the school’s newsletter); and

(b) the amendment was adopted by at least the number of members constituting a quorum for the council; and

(c) the amended constitution is consistent with this Act and otherwise lawful.

(5) In deciding whether to approve an amendment, the chief executive must also have regard to the following matters about the amended constitution—

(a) whether it provides for a membership that—

(i) allows adequate representation by parents, staff, students and other members of the school community; and

(ii) takes into account the demographics of the school community;

(b) whether it provides for the council to perform its functions in an effective and fair way;

(c) whether its provisions are otherwise adequate, clear and appropriate.