Education Act 1989

78M Limited statutory manager

• (1) The Minister may, by notice in the Gazette, direct the Secretary to appoint a limited statutory manager for the board of a school.

  (2) A notice under subsection (1) must specify—

  • (a) any functions, powers, and duties of the board (whether statutory or otherwise) that are to be vested in the limited statutory manager; and

  • (b) any matters on which the limited statutory manager may or must advise the board; and

  • (c) any conditions attaching to the exercise of the powers by the board or by the limited statutory manager.

  (3) Upon publication of the Gazette notice, the Secretary must, by notice to the board,—

  • (a) appoint a person to be the limited statutory manager for the board; and

  • (b) state the date on which the appointment takes effect.

  (3A) A notice under subsection (3) appointing a person to be the limited statutory manager for the board may refer to the person appointed—

  • (a) by his or her own name; and

  • (b) as being of a named body corporate.

  (4) On and from the date on which his or her appointment takes effect,—

  • (a) any functions, powers, or duties of the board specified in a notice under subsection (1) vest in the limited statutory manager; and

  • (b) the board must take into consideration advice given by the limited statutory manager on any matter on which he or she is obliged to give advice; and

  • (c) any conditions specified in the notice apply.

  (5) The board must pay the fees and expenses of a limited statutory manager appointed for it.

  (6) The Minister may at any time, by notice in the Gazette, amend a notice under subsection (1), and the amendment takes effect on and from the date given in the notice.

  (7) When the Minister is satisfied that the appointment of the limited statutory manager is no longer required, he or she must revoke the notice under subsection (1), in which case the appointment terminates from the date of the revocation.

  Section 78M: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

  Section 78M(3A): inserted, on 20 May 2010, by section 22 of the Education Amendment Act 2010 (2010 No 25).