Education (Update) Amendment Act 2017

  • A correction has been made to section 156(2) on 19 May 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
61 New sections 78LA to 78LE inserted

After section 78L, insert:

78LA Case conference

(1)

The Secretary may, by written notice to the board of a school, require the board to attend a case conference on a specified date.

(2)

The notice must specify the issue or issues to be discussed.

(3)

A board that receives a notice under subsection (1) must attend the case conference.

(4)

The Secretary may invite any person to attend the case conference, if the Secretary considers that the person’s presence at the conference is desirable.

(5)

If the case conference results in the parties reaching agreement on any action or actions to address any issue or issues, the agreement—

(a)

must be recorded in writing; and

(b)

is binding on the parties.

(6)

If the Secretary and the board are not able to agree on an action or actions to address any issue or issues, the Secretary may, by written notice to the board,—

(a)

require it to take a particular action or actions; and

(b)

require it to provide to him or her a report or reports (for example, a progress report and a final report) on the action or actions taken—

(i)

as at a given time or times; or

(ii)

at specified intervals; or

(iii)

both.

(7)

A board that receives a notice under subsection (6) must,—

(a)

in relation to a requirement to take a particular action or actions, take the action or actions as soon as practicable; and

(b)

if the notice includes a requirement to report to the Secretary, provide a report or reports at the time or times, or intervals, specified in the notice.

78LB Specialist audit

(1)

The Secretary may, by written notice to the board of a school, require the board to engage an appropriately qualified person to undertake a specialist audit of any aspect of the school’s affairs.

(2)

A notice given under subsection (1) must identify particular persons or organisations, or types of persons or organisations, whom the board must engage.

(3)

The Secretary may also require, in the notice, that the board provide to him or her a report or reports (for example, a progress report and a final report) on the audit—

(a)

as at a given time or times; or

(b)

at specified intervals; or

(c)

both.

(4)

A board that receives a notice under subsection (1) must—

(a)

undertake the audit as soon as practicable; and

(b)

pay the fees and reasonable expenses of any person or organisation engaged to undertake the audit, unless the Secretary determines otherwise; and

(c)

provide a report or reports to the Secretary at the time or times, or intervals, specified in the notice.

78LC Performance notice

(1)

The Secretary may, by written notice to the board of a school, issue a performance notice requiring the board to carry out a specified action by a specified date.

(2)

The Secretary may also require, in the notice, that the board provide to him or her a report or reports (for example, a progress report and a final report) on the action taken—

(a)

as at a given time or times; or

(b)

at specified intervals; or

(c)

both.

(3)

A board that receives a notice under subsection (1) must—

(a)

take the action by the date specified in the notice; and

(b)

provide a report or reports to the Secretary at the time or times, or intervals, specified in the notice.

78LD Appointment of additional trustee by Minister

(1)

The Minister may, by written notice to the board of a school, appoint an additional trustee of the board, and the Minister may also appoint that trustee as the presiding trustee.

(2)

The notice must specify a period of time for which the appointment is made.

(3)

A person who is ineligible to be a trustee under section 103 may not be appointed under this section.

78LE Amendment and revocation of notices

(1)

The Secretary may at any time, by giving written notice to a board, amend or revoke a notice given by him or her under this Part.

(2)

The amendment or revocation takes effect on the date specified in the notice.