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SCHOOL EDUCATION ACT 1999 - SECT 138

SCHOOL EDUCATION ACT 1999 - SECT 138

138 .         Minister may dismiss unincorporated Council

        (1)         This section does not apply to a Council that by operation of section 130 is an incorporated association.

        (2)         If in the opinion of the Minister the conduct of a Council is incompetent, inadequate or improper or a Council is in breach of this Act, the Minister is to give written notice to the Council —

            (a)         setting out particulars of the allegations against it; and

            (b)         requiring that the situation be remedied within the time specified in the notice.

        (3)         If the Minister is of the opinion that a Council has not complied with a notice under subsection (2) the Minister may, by order published in the Government Gazette , dismiss the Council.

        (4)         An order under subsection (3) may make any supplementary or incidental provision that the Minister considers is necessary to allow the dismissal to have effect with the least inconvenience to the school, the students at the school and their parents and the staff of the school.

        (5)         Provision may be made under subsection (3) —

            (a)         for ownership of the Council’s documents and records; and

            (b)         for custody of them to be given to a specified person or persons.

        [Section 138 amended: No. 74 of 2003 s. 107(4); No. 30 of 2015 s. 228(4).]