Education Standards Act 2001

  • This version includes a correction to section 69(2) made under section 25(j)(iii) and 25(j)(iv) of the Legislation Act 2012.

School risk management scheme

19 New sections 78D to 78G inserted

The principal Act is amended by inserting, after section 78CB, the following sections:

78D School risk management scheme

(1)

In this section, and in sections 78E and 78F,—

participating school Board

(a)

means the Board of a state school; and

(b)

includes a commissioner appointed in place of a Board; but

(c)

does not include a Board of a state school or a Commissioner if that party has been a participant but, with the Minister’s approval, has withdrawn from and is not for the time being a participant in a school risk management scheme

school risk management scheme means the school risk management scheme for the time being having effect under this section.

(2)

The Minister may, in accordance with this section, establish a school risk management scheme for the purpose of indemnifying participating school Boards—

(a)

against accidental loss or damage to property of the Board:

(b)

for any other purpose authorised by regulations made under section 78F.

(3)

An indemnity under the school risk management scheme must be given in a form and contain terms and conditions authorised by regulations made under this Act.

(4)

A participating school Board is liable to pay to the Crown the annual fee set under section 78E.

(5)

The Minister may at any time, on giving reasonable notice to all participating school Boards, discontinue a school risk management scheme and direct the Secretary to wind up the scheme.

(6)

Until a school risk management scheme is established under subsection (2), the deed signed by the Minister on 24 December 1999 entitled Ministry of Education—Risk Management Scheme for School Contents constitutes the school risk management scheme.

78E School risk management scheme fees

(1)

In respect of each year in which a school risk management scheme has effect, the Minister must, by notice in the Gazette, set the amount of the annual fee payable by a participating school Board or the rate at which the amount is to be assessed.

(2)

The purpose of the annual fee is to recover the administration, insurance, and claims costs of the scheme.

(3)

The Secretary must deduct the fee from grants made to the Board under section 79.

(4)

The Secretary must establish a separate bank account for the purposes of this section, and—

(a)

all fees deducted under subsection (3) must be paid into the account; and

(b)

the Secretary may authorise payments to be made from the account for the purposes of administering the scheme.

(5)

If the school risk management scheme is discontinued, the money held in the separate account after the scheme has been wound up must be paid into the Crown Bank Account in accordance with any directions of the Secretary to the Treasury.

78F Regulations relating to school risk management scheme

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

(a)

providing for the form of legal instrument by which a school risk management scheme may be established:

(b)

defining accidental loss or damage and other terms for the purposes of the regulations and the legal instrument:

(c)

setting out the scope of the indemnity that may be given by the Crown, including any exclusions:

(d)

setting out the procedure for lodging claims and their determination:

(e)

listing the kinds of costs that the Crown may deduct from money payable under the scheme to a participating school Board:

(f)

providing for the manner in which the parties may withdraw from the scheme:

(g)

providing for the manner in which the legal instrument may be varied, replaced, or terminated.

78G Former school risk management schemes

(1)

The scheme referred to in section 78D(6), and all former schemes established for similar purposes by or on behalf of the Minister in 1991 or subsequent years, must be treated as if they were authorised by this section when executed.

(2)

All levies collected from school Boards for the purposes of a scheme to which this section applies, and payments made from those fees, must be treated as having been collected or paid under the authority of this section.