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).]