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.
81 New sections 98A to 98C and cross-heading inserted

After section 98, insert:

98A Minister may approve alternative constitution in certain cases

(1)

The Minister may from time to time, by notice in the Gazette, approve an alternative constitution under this section for the board of a State school, or a combined board of State schools.

(2)

The Minister may not approve an alternative constitution for a board unless the Minister has reasonable cause to believe that an alternative constitution is in the best interests of the school or schools governed by the board.

(3)

Subject to subsections (2) and (4), the Minister may not approve an alternative constitution unless—

(a)

1 of the following applies:

(i)

the Chief Review Officer (as defined in section 2(1)), in a written report, recommends that the Minister consider devising an alternative constitution; or

(ii)

20% or more of the parents of children enrolled at the school or schools have requested an alternative constitution; or

(iii)

the board (or if a board has been replaced by a commissioner, that commissioner) has requested an alternative constitution; or

(iv)

the Minister has required the board to have an alternative constitution under section 110(1D) or 110A(3); and

(b)

the Minister has consulted such persons or organisations as the Minister considers appropriate.

(4)

Subsection (3) does not apply if—

(a)

the alternative constitution is the successor constitution for a board that was appointed or elected under section 98(1); or

(b)

the alternative constitution is approved for a combined board before the date specified in a notice under section 110(1); or

(c)

the alternative constitution is for the board of a continuing school and the Minister has given notice under section 156A(4)(b).

(5)

In the case of a State integrated school, the Minister must consult the proprietor of the school when conducting the consultation required under subsection (3)(b).

(6)

A constitution approved under this section applies instead of a constitution under section 94.

98B Consequences of approval of alternative constitution

(1)

If an alternative constitution is approved under section 98A(1), the notice made under that section must establish a board comprising 1 or more persons who are to be elected or appointed as trustees in the manner specified in the notice, and the notice may (without limitation)—

(a)

set out a procedure for any election, appointment, or co-option of trustees:

(b)

set out the manner in which vacancies are to be filled:

(c)

provide for the appointment of returning officers and set out their functions:

(d)

set out other formal and procedural provisions for the purposes of any election, appointment, or co-option of trustees.

(2)

While a notice under section 98A(1) that approves an alternative constitution is in force, sections 94, 94A, 94B, 95, 96, 97, 98, 99, 101, 102, 104, and 105 do not apply in respect of the board concerned and the schools governed by it.

(3)

In their application to a board that has an alternative constitution under section 98A, the other sections and any schedules of this Act relating to boards must be read subject to (and subject also to all modifications necessary to give effect to) section 98A and to this section.

98C Actions of boards not to be questioned for informality in membership

The powers of a board are not affected by—

(a)

any vacancy in its membership; or

(b)

the discovery of any error or defect in the election, appointment, or co-option of any trustee; or

(c)

the fact that any elected, appointed, or co-opted trustee acted as a trustee while he or she was a person who may not (under section 103(1)) become an elected, appointed, or co-opted trustee; or

(d)

the fact that a person continued acting as a trustee after the person’s office as a trustee became vacant or (in the case of a person whose election as a trustee has been declared invalid under section 101D or by a court) before the person’s election was declared invalid.

Co-opted and appointed trustees