Victorian Numbered Acts Victorian Numbered Acts(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.
s. 2.3.2
(3) A notice stating that an Order has been made under sub-section (1) must be published as soon as practicable in the Government Gazette.
(4) On and from the date that an Order under sub-section (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 sub-section (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 sub-section (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).
s. 2.3.2
(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 sub-section (6) and specifying the general purpose of the Order must be published as soon as practicable in the Government Gazette.
(9) Sub-section (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.
s. 2.3.2
(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 sub-section (13) and section 2.3.32.
(13) Sub-section (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) Sub-section (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.