EDUCATION AND CHILDREN'S SERVICES ACT 2019 - SECT 48
EDUCATION AND CHILDREN'S SERVICES ACT 2019 - SECT 48
(1) The Fund is to be
applied as follows:
(a) as
payment for the costs of independent legal advice incurred, or to be incurred,
by the governing council of a school in relation to a dispute between the
governing council and the Department;
(b) as
payment of the expenses of administering the Fund;
(c) as
may otherwise be authorised by or under this or any other Act.
(2) The governing
council of a school may, in a manner and form determined by the Crown
Solicitor, apply to the Crown Solicitor for approval of a payment from the
Fund under subsection (1)(a).
(3) The Crown
Solicitor may refer an application by a governing council under
subsection (2) for determination by such other person as is nominated by
the Crown Solicitor (a "nominated person").
(4) A payment may only
be made from the Fund under subsection (1)(a) with the approval of the
Crown Solicitor or a nominated person.
(5) A
governing council making an application for payment from the Fund must provide
the Crown Solicitor or a nominated person (as the case requires) with such
information or documents as may reasonably be required to enable the Crown
Solicitor or the nominated person to determine the application.
(6) The Crown
Solicitor or a nominated person (as the case requires) must approve the
payment from the Fund under subsection (1)(a) if the Crown Solicitor or
the nominated person is satisfied that—
(a)
there is a genuine dispute between the governing council and the Department
that is not trivial, frivolous or vexatious; and
(b) it
is necessary or appropriate that the governing council seek independent legal
advice in relation to the dispute; and
(c) the
legal advice is, or is to be, provided by a legal practitioner with the
appropriate skills and experience; and
(d) the
costs of the independent legal advice incurred, or to be incurred are
reasonable.
(7) In performing a
function under this section, the Crown Solicitor or a nominated person (as the
case requires) is, despite the Public Sector Act 2009 or any other Act
or law, independent of direction or control by the Crown or any Minister or
officer of the Crown.
(8) Nothing in this
section prevents a governing council from seeking any legal advice it thinks
fit.