Federation of Parents and Citizens Associations of New South Wales Incorporation (Amendment) Act 1991 (NSW)

FEDERATION OF PARENTS AND CITIZENS ASSOCIATIONS OF NEW SOUTH WALES INCORPORATION (AMENDMENT)

ACT 1991 No. 19

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

3.     Amendment of Federation of Parents and Citizens Associations of New South Wales Incorporation Act 1976 No. 50

4. Consequential amendment of Education Reform Act 1990 No. 8, section 115 (Constitution of associations and district councils)

SCHEDULE 1—AMENDMENT RELATING TO INCORPORATION OF

PARENTS AND CITIZENS ASSOCIATIONS

SCHEDULE 2—OTHER AMENDMENTS

FEDERATION OF PARENTS AND CITIZENS ASSOCIATIONS OF NEW SOUTH WALES INCORPORATION (AMENDMENT)

ACT 1991 No. 19

NEW SOUTH WALES

Act No. 19, 1991

An Act to amend the Federation of Parents and Citizens Associations of New South Wales Incorporation Act 1976 to enable parents and citizens associations to be incorporated under that Act; to make a consequential amendment to the Education Reform Act 1990; and for other purposes. [Assented to 3 May 1991]

Act No. 19

2
Federation of Parents and Citizens Associations of New South Wales

Incorporation (Amendment) 1991

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Federation of Parents and Citizens

Associations of New South Wales Incorporation (Amendment) Act 1991.

Commencement

2. This Act commences on a day or days to be appointed by

proclamation.

Amendment of Federation of Parents and Citizens Associations of

New South Wales Incorporation Act 1976 No. 50

3. The Federation of Parents and Citizens Associations of New South
Wales Incorporation Act 1976 is amended as set out in Schedules 1 and 2.

Consequential amendment of Education Reform Act 1990 No. 8, section 115 (Constitution of associations and district councils)

4. The Education Reform Act 1990 is amended by inserting after

section 115 (1) the following subsection:

(1A) Any such parents and citizens association may be incorporated under the Parents and Citizens Associations Incorporation Act 1976 or under the Associations Incorporation Act 1984.

SCHEDULE l—AMENDMENT RELATING TO

INCORPORATION OF PARENTS AND CITIZENS

ASSOCIATIONS

(Sec. 3)

After section 12, insert:

PART 3—INCORPORATION OF PARENTS AND
CITIZENS ASSOCIATIONS

Incorporation of parents and citizens associations

13. (1) A parents and citizens association constituted under the Education Reform Act 1990 may, if it is not incorporated, apply to the Minister for incorporation under this Act.

Federation of Parents and Citizens Associations of New South Wales

Incorporation (Amendment) 1991

SCHEDULE 1—AMENDMENT RELATING TO INCORPORATION

OF PARENTS AND CITIZENS ASSOCIATIONS— continued

(2) The application is to be in writing and signed by the officers of the association.

(3) The Minister may, by notice published in the Gazette, declare that the association is incorporated under this Act. The Minister may reject the application if satisfied that the association will not comply with the requirements of this Bart.

(4) On the publication of the notice (or on a later date specified in the notice), a body corporate with the name of the association is constituted and the Unincorporated body with that name is dissolved.

(5) The members of the incorporated association are the persons who become members in accordance with its rules. The persons who were members of the association immediately before its incorporation become members on its incorporation if qualified under the rules of the incorporated association.

Transfer of assets and liabilities on incorporation

14. When a parents and citizens association is incorporated under this Act:

(a)	the trustees of any real or personal property who, immediately before the incorporation, held that property for or on behalf of the unincorporated association are authorised to vest the property in the incorporated association freed and discharged from the trusts on which they held that property; and
(b)	any money or liquidated or unliquidated claim that, immediately before the incorporation, was payable to, or recoverable by, the unincorporated association becomes money payable to, or a claim recoverable by, the incorporated association; and
(c)	any debt due or money payable by, and any claim, liquidated or unliquidated, recoverable against, the unincorporated association or any person for or on behalf of the unincorporated association (being a debt, money or a claim due, payable or recoverable immediately before the incorporation) becomes a debt due or money payable by, or a claim recoverable against, the incorporated association; and

Act No. 19

4

Federation of Parents and Citizens Associations of New South Wales

Incorporation (Amendment) 1991

SCHEDULE l—AMENDMENT RELATING TO INCORPORATION

OF PARENTS AND CITIZENS ASSOCIATIONS— continued

any proceeding that, immediately before the incorporation, was pending at the suit or on the application of the unincorporated association or any person for or on behalf of the unincorporated association becomes a proceeding pending at the suit or on the application of the incorporated association;

and
any contract, agreement or undertaking entered into
with, and any security given to or by any person for or

on behalf of, the unincorporated association and in force immediately before the incorporation becomes a contract, agreement or undertaking entered into with, and a security given to or by, the incorporated association; and

association, or any person for or on behalf of the

any security or charge in favour of the unincorporated the incorporated association may enforce and realise

unincorporated association, as if it were a security or
charge in favour of the incorporated association.

Rules of incorporated associations

15. (1) The rules for the conduct of the business and affairs of a parents and citizens association incorporated under this Act are the relevant standard or model rules published by the Minister under section 117 of the Education Reform Act 1990.

(2) On incorporation under this Act, a parents and citizens association is taken to have adopted the relevant rules so published, as amended from time to time.

Names of parents and citizens associations

16. (1) The name of a parents and citizens association incorporated under this Act is “[name of government school in connection with which the association is constituted] Parents and Citizens Association”.
(2) A change in the name of the government school concerned effects a corresponding change in the name of the incorporated association.

Incorporated associations to be members of Federation
17. A parents and citizens association incorporated under
this Act is required to be a member of the Federation of

Federation of Parents and Citizens Associations of New South Wales

Incorporation (Amendment) 1991

SCHEDULE l—AMENDMENT RELATING TO INCORPORATION

OF PARENTS AND CITIZENS ASSOCIATIONS— continued

Parents and Citizens Associations of New South Wales liable for debts etc. of association
constituted under this Act.

18. A member or officer of a parents and citizens
of being such a member or officer, liable to contribute association incorporated under this Act is not, by reason only

towards the payment of the debts and liabilities of the association or the costs, charges and expenses of the winding up of the association.

Public liability insurance

19. (1) A parents and citizens association incorporated

under this Act must effect and maintain approved public liability insurance, unless the association is covered by such insurance effected and maintained by the Federation of Parents and Citizens Associations of New South Wales constituted under this Act.

(2) In this section:
“approved public liability insurance" means public

liability insurance which an association incorporated under the Associations Incorporation Act 1984 is required by Part 6 of that Act to effect and maintain.

Financial reports

20. A parents and clerical association incorporated under

this Act must make such financial reports about its affairs
(including reports of its auditors) as are required by its rules
or (subject to its rules) by the Minister.
Cancellation of incorporation

21. (1) The Minister may, by notice published in the Gazette, cancel the incorporation of a parents and citizens association incorporated under this Act:

if the Minister has reasonable cause to believe that the

of the association; or

association is not complying with this Act or the rules

Federation of Parents and Citizens Associations of

if the association has ceased to be a member of the

New South Wales constituted under this Act; or

6   Act No. 19

Federation of Parents and Citizens Associations of New South Wales

Incorporation (Amendment) 1991

SCHEDULE l—AMENDMENT RELATING TO INCORPORATION

OF PARENTS AND CITIZENS ASSOCIATIONS— continued

(c) if the association is constituted in connection with a government school that has been closed; or

(d) if the Minister has other good cause for doing so.
(2) If the incorporation of the association is so cancelled

and the winding up of the association had not commenced before the cancellation, the property of the association vests in the Minister. The debts and liabilities of that association are to be paid, its property is to be distributed and its affairs are 'to be wound up in accordance with the directions of the Minister.

(3) Nothing in this Act affects the winding up under any other law of a parents and citizens association incorporated under this Act.

Service of documents on association

22. (1) A document may be served on a parents and citizens association incorporated under this Act by leaving it at the office of, or by sending it by post to, the government school in connection with which the association is constituted.

(2) Nothing in this section affects:

(a)	the power of a court to authorise a document to be served on the association in a manner not provided for by this section; or
(b)	the operation of any law or rules of court authorising a document to be served on the association in a manner not provided for by this section.

Regulations

23. The regulations may make provision for or with respect to the transfer of incorporation to this Act of a parents and citizens association incorporated under the Associations Incorporation Act 1984.

SCHEDULE 2—OTHER AMENDMENTS

(Sec. 3)

(1) Long title:

At the end of the long title, insert " ; and to provide for the incorporation of parents and citizens associations".

Federation of Parents and Citizens Associations of New South Wales

Incorporation (Amendment) 1991

SCHEDULE 2-OTHER AMENDMENTS-continued

(2) Part 1, heading:

Before section 1, insert:

PART 1—PRELIMINARY

(3) Section 1:

Omit section, insert instead:

Short title

1. This Act may be cited as the Parents and Citizens

Associations Incorporation Act 1976.

(4) Part 2, heading:

After section 1, insert:

PART 2—INCORPORATION	OF’ FEDERATION OF
PARENTS AND CITIZENS	ASSOCIATIONS OF

NEW SOUTH WALES

(5) Section 2 (Definitions):

(a) Omit “Act” where firstly occurring, insert instead “Part”.

(b)	From the definition	of “association”, omit “Education and
Public Instruction	Act 1987 or any Act repealed in
consequence of the	enactment of that Act”, insert instead
“Education Reform	Act 1990”,

(6) Section 5A:

After section 5, insert:
Transfer of records to Minister

5A. As soon as practicable after the commencement of this section, the documents relating to the corporation that were lodged at the office of the Corporate Affairs Commission under this Act are to be lodged with the Minister by the person or body having the custody of those documents.

(7) Section 6:

Omit the section, insert instead:
Amendment of constitution of corporation

6. An amendment of the constitution of the Corporation does not take effect until an instrument certified under the seal of the corporation to be a true copy of the resolution effecting the amendment has been lodged with the Minister.

8   Act No. 19

Federation of Patents and Citizens Associations of New South Wales

Incorporation (Amendment) 1991

SCHEDULE 2—OTHER AMENDMENTS— continued

(8) Section 8:

Omit the section, insert instead:
Notification of change of address

8. The corporation must, within 14 days after it changes the address of its principal office, lodge with the Minister an instrument specifying the new address.

Maximum penalty: 1 penalty unit.

(9) Section 10:

Omit the section, insert instead:
Service of documents on the corporation

10. (1) A document may be served on the corporation by

leaving it at, or by sending it by post to, the office or one of
the offices of the corporation.

(2) The offices of the corporation for the purposes of this section include the office last notified by the corporation under this Act.

(3) Nothing in this section affects:

(a)	the power of a court to authorise a document to be served on the corporation in a manner not provided for by this section; or
(b)	the operation of any law or rules of court authorising a document to be served or the corporation in a manner not provided for by this section.

(10) Part 4:

After Part 3 (as inserted by Schedule 1 to this Act), insert:

PART 4—MISCELLANEOUS

Regulations

24. The Governor may make regulations, not inconsistent
with this Act, for or with respect to any matter that by this

Federation of Parents and Citizens Associations of New South Wales

Incorporation (Amendment) 1991

SCHEDULE 2—OTHER AMENDMENTS—continued

Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed, for carrying out or giving effect to this Act.

[Minister’s second reading speech made in-
Legislative Assembly on 11 April 1991
Legislative Council on 13 March 1991]