Education Amendment Act 2013

Merging schools

30 Section 156A replaced (Minister may merge schools)
  • Replace section 156A with:

    156A Minister may merge schools
    • (1) Subject to sections 156B and 157, the Minister may, by notice in the Gazette, merge 1 or more State schools (merging schools) that are not integrated schools with another State school (the continuing school) that is not an integrated school, if the Minister is satisfied that—

      • (a) each board of a school concerned has made reasonable efforts to consult the parents of students (other than adult students) enrolled full-time at the school about the proposed merger; and

      • (b) the consultation that has taken place has been adequate in all the circumstances; and

      • (c) the creation of a single school by the proposed merger is appropriate in the circumstances.

      (2) A notice under subsection (1) takes effect on a day (not earlier than the end of the term after the term during which the notice is published) specified in the notice, and has effect as follows:

      • (a) the merging schools are part of the continuing school:

      • (b) if the continuing school and each merging school are not already administered by a single board,—

        • (i) the board of each merging school is dissolved; and

        • (ii) all rights, assets, liabilities, and debts of each merging school are vested in the board of the continuing school:

      • (c) the continuing school is a school of the class specified in the notice and provides education for the student class levels specified in the notice.

      (3) A notice under subsection (1) does not affect the name of the continuing school.

      (4) Before a notice under subsection (1) takes effect, the Minister must give notice in the Gazette of whether—

      • (a) during the period between a date specified in the notice and the date on which new trustees take office following an election (the interim period), the board of the continuing school is to be—

        • (i) the board of the continuing school plus co-opted trustees representing each merging school (a continuing board); or

        • (ii) a board appointed by the Minister (an appointed board); or

      • (b) the board of the continuing school is to have an alternative constitution approved under section 105A.

    156AB Election or appointment of boards of continuing schools
    • (1) If the notice under section 156A(4) provides that the board of the continuing school is to be a continuing board,—

      • (a) the board of the continuing school must, within 28 days after the date of that notice, co-opt at least 1 trustee in respect of each of the merging schools so that each merging school is represented on the continuing board; and

      • (b) each of those co-opted trustees holds office until the end of the interim period (unless replaced earlier); and

      • (c) section 94C (which limits the co-option and appointment of trustees) does not apply to trustees co-opted for an interim period.

      (2) If the notice under section 156A(4) provides that the board of the continuing school is to be an appointed board,—

      • (a) the notice must specify the constitution of the appointed board during the interim period, including how many trustees (if any) the board may co-opt; and

      • (b) the Minister is not bound by section 94 in determining the constitution of the appointed board.

      (3) When a board is appointed by the Minister,—

      • (a) the trustees of the continuing school go out of office at the close of the day before the start of the interim period; and

      • (b) the trustees of the appointed board take office on the date of the start of the interim period.

      (4) A continuing board or an appointed board may make decisions and exercise powers during the interim period both for the purposes of the continuing school before the merger and for the purpose of providing and preparing for the continuing school after the merger has taken effect.

      (5) Unless the board of the continuing school was (immediately before the merger took effect) a combined board established under section 110, an appointed board or a continuing board that replaces it must hold elections for a new board on a day that is not later than 3 months after the date the merger takes effect.

      (6) If an appointed board or a continuing board is required by subsection (5) to hold elections for a new board, all its elected, appointed, and co-opted trustees holding office immediately before the election day go out of office on the close of the day before the date on which the newly elected trustees are to take office.

      (7) If the merger takes effect after 31 October in the year before an election year and before 31 December in that election year, a board that is required to hold an election under subsection (5) does not have to hold the election until the next election year.

    156AC Alternative constitutions for continuing schools
    • (1) If a notice under section 156A(4) provides that the board of the continuing school is to have an alternative constitution approved under section 105A, the notice must specify the date on which the alternative constitution is to take effect.

      (2) The date in subsection (1) must be before the date that the notice under section 156A(1) takes effect.

      (3) The trustees of the continuing school go out of office at the close of the day before the date specified under subsection (1).

      (4) A board established under section 105A may make decisions and exercise powers both for the purposes of the continuing school before the merger and for the purpose of providing and preparing for the continuing school after the merger has taken effect.