Victorian Consolidated Legislation

Education and Training Reform Act 2006 - SECT 2.3.2.

Minister may constitute school council by Order

2.3.2. Minister may constitute school council by Order



(1) The Minister may by Order constitute a council to exercise and discharge,
in relation to a Government school or group of Government schools, powers,
duties and functions that may from time to time be conferred or imposed on the
council by or under this Act.





(2) The Minister, by Order, may-

   (a)  constitute a council, by a name that is specified in the Order, as a
        body corporate to exercise and discharge any powers, duties or
        functions conferred or imposed upon the council by or under this Act
        in relation to the school or group of schools (as the case may be);

   (b)  make provision for or with respect to the membership of the council
        and may make provision for the election of members, that he or she
        thinks fit;

   (c)  confer or impose upon the council or any member of the council any
        powers, duties or functions in addition to those conferred or imposed
        upon the council or any member of the council by or under this Act;
        and

   (d)  make any other provision in relation to the constitution, powers,
        duties and functions of the council that is in his or her opinion
        necessary or expedient, including limiting or regulating the exercise
        by the council of any of those powers, duties or functions.

(3) A notice stating that an Order has been made under subsection (1) must be
published as soon as practicable in the Government Gazette.

(4) On and from the date that an Order under subsection (1) was made or any
later date specified in that Order, the council constituted by the Order
becomes a body corporate by the name specified in the Order and is, subject to
the Order, immediately capable of-

   (a)  exercising all the functions of a body corporate; and

   (b)  suing and being sued; and

   (c)  holding land; and

   (d)  having perpetual succession; and

   (e)  having a common seal.

(5) Any Order made under subsection (1) may provide for anything relating to
the appointment or the election of members to be done or complied with in
accordance with regulations made under this Act.

(6) The Minister may by any subsequent Order-

   (a)  dissolve the council; or

   (b)  change the name of the council; or

   (c)  make further provision with respect to any matter or thing that is
        authorised to be done under paragraphs (b), (c) and (d) of subsection
        (2); or

   (d)  amend or vary any provision of a previous Order with respect to any of
        the matters or things referred to in paragraphs (a) to (c).

(7) An Order dissolving a council may give any directions concerning the
disposal of any assets of the council that the Minister thinks fit.

(8) A notice stating that an Order has been made under subsection (6) and
specifying the general purpose of the Order must be published as soon as
practicable in the Government Gazette.

(9) Subsection (8) does not apply to an Order unless the purpose of the Order
is-

   (a)  to merge 2 or more councils; or

   (b)  to dissolve a council; or

   (c)  to confer or impose new powers, duties or functions on a council or to
        any of its members.

(10) A change of name of a council under this section does not affect the
identity of the council or any rights or obligations of the council or render
defective any legal proceedings by or against the council, and any legal
proceedings that might have been continued or commenced by or against the
council by its former name may be continued or commenced by or against it by
its new name.

(11) A copy of any Order made under this section must be kept at the premises
of any school to which it relates and must be made available for inspection by
any person at any reasonable time during school hours.

(12) Nothing done or omitted to be done by a school council subjects the
Crown, the State, a Minister of the State or the Secretary to any liability in
respect of the thing done or omitted to be done except as provided in
subsection (13) and section 2.3.32.

(13) Subsection (12) does not apply if otherwise agreed in writing between the
school council and the Crown, the State, the Minister or the Secretary (as the
case requires), expressly with reference to this section, and whether before
or after the thing is done or omitted to be done.

(14) A member of a council constituted under this section is not to receive
any payment for his or her services as a member.

(15) Subsection (14) does not prevent the council reimbursing a member for any
reasonable expenses incurred in the performance of his or her duties as a
member.