Victorian Consolidated Legislation

Education and Training Reform Act 2006 - SECT 2.3.12.

School council may carry out works

2.3.12. School council may carry out works



(1) A school council may, in regard to any school in relation to which it is
constituted, with the approval of the Minister given either generally or in
any particular case-

   (a)  construct, or carry out any improvements to any building structure on
        the school grounds, or carry out any improvements in or to the school
        grounds; or

   (b)  enter into a contract with any person for or in relation to the
        construction or carrying out by that person of any such building
        structure or improvements or of any other work which the council is
        authorised or required by or under this Act to carry out; or

   (c)  construct or carry out any improvements to any building structure, or
        carry out any improvements, on, in or to the school grounds or any
        other land that the Minister has acquired an estate or interest in to
        provide preschool programs.

(2) Despite anything to the contrary in any Act, a school council may obtain
and accept offers or tenders for any work approved by the Minister under this
section that it proposes to carry out.





(3) If a school council is required by directions issued under Part 4 of the
Project Development and Construction Management Act 1994 to publicly invite
tenders for the work-

   (a)  the council must invite tenders as required by those directions by an
        advertisement published in a newspaper circulating generally in
        Victoria and in at least one newspaper circulating in the
        neighbourhood of the school where the proposed work is to be carried
        out; and

   (b)  the work must be carried out under any supervision that the Minister
        directs.

(4) The provisions of subsection (3) do not apply if-

   (a)  the work in question is that of an architect, engineer or other
        professional adviser or consultant employed by the council with the
        consent of the Minister in connection with any proposed work; or

   (b)  the Minister has in relation to any particular work given a written
        exemption to the school council from complying with the provisions of
        that subsection; or

   (c)  the school council arranges for the work to be undertaken by any
        municipal council or any public statutory body.

(5) If a school council enters into a contract for any work and the council is
not required by a direction issued under Part 4 of the
Project Development and Construction Management Act 1994 to publicly invite
tenders for the work, the council may supervise the carrying out of that work,
unless the Minister either generally or in any particular case directs, or the
regulations made under this Act provide, that the work must be supervised
otherwise.