Education (General Provisions) Amendment Regulation (No. 1) 1999 (Qld)

Queensland Subordinate Legislation 1999 No. 270 Education (General Provisions) Act 1989 EDUCATION (GENERAL PROVISIONS) AMENDMENT REGULATION (No. 1) 1999 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Replacement of s 15 (Circumstances in which school council to be dissolved—Act, s 75) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 15 Circumstances in which school councils to be dissolved—Act, s 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 15A Non-compliance with direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 15B Dissolution by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 15C Chief executive to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 15D Minister to review decision to dissolve school council . . . . . . . . . . 4

s1 2 s3 Education (General Provisions) Amendment No. 270, 1999 (No. 1) ˙ Short title 1. This regulation may be cited as the Education (General Provisions) Amendment Regulation (No. 1) 1999 . ˙ Regulation amended 2. This regulation amends the Education(GeneralProvisions)Regulation 1989 . ˙ Replacement of s 15 (Circumstances in which school council to be dissolved—Act, s 75) 3. Section 15— omit, insert — ˙ ‘ Circumstances in which school councils to be dissolved—Act, s 75 ‘ 15. Sections 15A to 15D prescribe circumstances in which a school council is dissolved under section 75(1)(b) 1 of the Act. ˙ ‘ Non-compliance with direction ‘ 15A. A school council is dissolved if the school council does not comply with a direction given to it under section 79 2 of the Act. ˙ ‘ Dissolution by chief executive ‘ 15B. By notice in the Education Office gazette, the chief executive may dissolve a school council if the chief executive reasonably considers— (a) the school council is not satisfactorily fulfilling its functions; 3 or (b) the school community generally supports the dissolution of the school council. 1 Section 75 (Dissolution of school council) 2 Section 79 (Minister’s power to give directions in the public interest) 3 Section 52 sets out the functions of a school council.

s3 3 s3 Education (General Provisions) Amendment No. 270, 1999 (No. 1) ˙ ‘ Chief executive to consult ‘ 15C.(1) Before the chief executive may dissolve a school council under section 15B, the chief executive must comply with this section. ‘ (2) The chief executive must consult with the following about the proposed dissolution— (a) the school council; (b) the school’s principal; (c) the school’s staff; (d) if there is a parents and citizens association for the school—the association; (e) if the school has secondary education students—the secondary education students; (f) any other entities the chief executive considers have an interest in the school council or its dissolution. ‘ (3) The chief executive must publish, in a newsletter given to the school community, a notice stating— (a) the chief executive is considering dissolving the school council; and (b) the reasons for the proposed dissolution; and (c) how submissions about the proposed dissolution may be made to the chief executive, including joint submissions; and (d) the date, at least 28 days after the notice is published, by which submissions about the proposal may be given to the chief executive. ‘ (4) Before making a decision about dissolving a school council, the chief executive must have regard to the consultations and the submissions the chief executive receives. ‘ (5) For subsection (2), the chief executive may consult in any way that the chief executive considers appropriate, including, for example, by holding a formal meeting.

s3 4 s3 Education (General Provisions) Amendment No. 270, 1999 (No. 1) ˙ ‘ Minister to review decision to dissolve school council ‘ 15D.(1) This section applies to a person (an “aggrieved person” ) who made a submission about a proposal to dissolve a school council in accordance with a notice under section 15C(3). ‘ (2) If the chief executive decides to dissolve the council, the aggrieved person may ask the Minister to review the chief executive’s decision. ‘ (3) The aggrieved person must give the Minister a written notice stating the grounds for the review within 28 days after notice of the school council’s dissolution is published in the Education Office gazette. ‘ (4) The Minister must, as soon as practicable— (a) review the chief executive’s decision and consider the grounds for the review; and (b) decide to affirm or set aside the chief executive’s decision; and (c) give written notice to the aggrieved person about the Minister’s decision and the reasons for it. ‘ (5) If the Minister sets aside the chief executive’s decision— (a) the Minister must, as soon as practicable, publish a notice in the Education Office gazette stating that the decision to dissolve the council has been set aside; and (b) the council is taken not to have been dissolved.’. ENDNOTES 1. Made by the Governor in Council on 4 November 1999. 2. Notified in the gazette on 5 November 1999. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Education. © State of Queensland 1999