Serpell Joint Schools Act 1981 (Vic)
Version No. 001
Serpell Joint Schools Act 1981
Act No. 9636/1981
Version as at 3 March 2003
table of provisions
Section Page
Part I—Preliminary
1.Short title, commencement, division into Parts
2.Definitions
3.Act to bind Crown
Part II—Ratification of Agreement
4.Ratification of Agreement
5.Privileges of Company
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SCHEDULE—Agreement
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 001
Serpell Joint Schools Act 1981
Act No. 9636/1981
Version as at 3 March 2003
An Act to ratify validate approve and otherwise give effect to an Agreement between the Minister of Education for and on behalf of the State of Victoria, the Roman Catholic Trusts Corporation for the Diocese of Melbourne, the Mayor, Councillors and Citizens of the City of Doncaster and Templestowe and Serpell Community Project Proprietary Limited with respect to the Establishment Ownership and Operation of a building for the use of State School No. 5168 Serpell Primary School and of a Catholic Primary School at Templestowe Victoria and for other purposes.
Preamble
WHEREAS the Minister of Education for the State of Victoria desires to provide additional facilities for use by State School No. 5168 Serpell Primary School:
AND WHEREAS the Roman Catholic Trusts Corporation and the parish priest of St. Kevin's Templestowe desire to extend the facilities available for use by the Catholic Primary School which they propose to establish in the vicinity of Serpells Road:
AND WHEREAS the mayor councillors and citizens of the City of Doncaster and Templestowe desire to improve the facilities available for use in conjunction with a sports and recreation reserve owned by the Council of the City of Doncaster and Templestowe:
AND WHEREAS the three parties mentioned agree that their respective desires will be achieved by the establishment of a building to be operated in accordance with an Agreement into which they have entered:
AND WHEREAS the Agreement is said to be subject to ratification by the Parliament of Victoria:
AND WHEREAS it is expedient in the public interest to ratify validate approve and give effect of law to the said Agreement and to make other provision as hereinafter enacted:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
Part I—Preliminary
1.Short title, commencement, division into Parts
(1)This Act may be cited as the Serpell Joint Schools Act 1981.
(2)The several provisions of this Act shall come into operation on a day or respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
(3)This Act is divided into Parts as follows:
Part I—Preliminary ss 1–3.
Part II—Ratification of Agreement ss 4–5.
2.Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
"the Agreement" means the Agreement a copy of which is set out in the Schedule;
"public statutory corporation" means any body corporate established by or pursuant to any Act for any public purpose and without affecting the generality of the foregoing, includes a municipality.
(2)Expressions used in this Act and which are also used in the Agreement shall have the meanings respectively assigned to them in the Agreement.
3.Act to bind Crown
This Act shall bind the Crown in right of the State of Victoria and, so far as the legislative power of the Parliament permits, shall also bind the Crown in all its other capacities.
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Part II—Ratification of Agreement
4.Ratification of Agreement
(1)The Agreement is hereby ratified validated and approved and given the force of law and shall take effect as though its provisions had been expressly enacted in this Act.
(2)The Minister of Education and all other Ministers of the State of Victoria and all public statutory corporations and all officers concerned are hereby empowered to carry out the Agreement and to enter into such agreements as to give such approvals as are provided for by it.
5.Privileges of Company
The Company shall have all the privileges and immunities of an instrumentality of the Crown.
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SCHEDULE
Agreement
This Agreement is made the tenth day of November 1981 by the Honourable A. J. Hunt in his capacity as Minister of Education for the time being in the State of Victoria for and on behalf of the said State of the first part, the Roman Catholic Trusts Corporation for the Diocese of Melbourne of the second part, the mayor councillors and citizens of the City of Doncaster and Templestowe of the third part and Serpell Community Project Pty. Limited a company incorporated in the State the registered office of which is situated at 350 William Street, Melbourne of the fourth part—
WHEREAS—
I.The State and the Roman Catholic Trusts Corporation desire that a building be established to be used by the schools.
II.The company desires to own the building.
III. The Council desires to use the building.
IV. The schools desire to use the recreation reserve owned by the Council.
V.The State the Roman Catholic Trusts Corporation and the Council desire to make certain lands and certain moneys available to the company for the construction maintenance and operation of the building.
VI. In order to effect the establishment and operation of the building the parties hereto desire to enter into the Agreement following so that upon its ratification validation and approval by the Parliament of the State the Agreement will have full force and effect of law and will become binding on the parties in the manner hereinafter appearing.
NOW IT IS HEREBY AGREED as follows—
PART I—PRELIMINARY
1.Definitions
(1)In this Agreement unless inconsistent with the context or subject-matter—
"the Act" means the Act of the Parliament of Victoria to be passed to ratify validate approve give the force of law and otherwise give effect to this Agreement;
"building" means the building to be owned by the Company and used by the schools the Council and other parties under this Agreement;
"Catholic school" means the school which the Roman Catholic Trusts Corporation and the parish priest of St. Kevin's Templestowe propose to establish in the vicinity of Serpell Road;
"Committee of Management" means the Committee of Management set up under this Agreement;
"Company" means Serpell Community Project Pty. Limited its successors and permitted assigns;
"Council" means the Municipal Council of the City of Doncaster and Templestowe;
"Minister" means the Minister of Education for the State of Victoria;
"parish priest" means the parish priest for the time being of the parish to which the Catholic school is for the time being attached;
"recreation reserve" means the sports and recreation reserve the property of the Council;
"Roman Catholic Trusts Corporation" means the Roman Catholic Trusts Corporation for the diocese of Melbourne;
"schools" means the State school and the Catholic school;
"school hours" means the hours between 8.30 a.m. and 4.00 p.m. each Monday to Friday;
"State" means the State of Victoria;
"State school" means State School No. 5168 Serpell Primary School;
"State School Council" means the school Council constituted in accordance with section 13 of the Education Act 1958 in relation to State School No. 5168 Serpell Primary School.
(2)Where in this Agreement the context requires or admits the plural number includes the singular and vice versa.
(3)The headings and side notes shall not affect the interpretation of the Agreement.
2.Part II of this Agreement shall be of no force or effect neither shall any party have any claim against another in respect of any matter arising out of or in connexion with Part II until—
(a)the Agreement has been ratified validated approved and given the force of law by an Act of Parliament of Victoria; and
(b)clause 3 is complied with in full.
3.Notwithstanding that this Agreement comes into operation on the commencement date, Part II of this Agreement shall not come into operation until immediately after the Company issues to the Minister of Education a number of shares in the Company which is equal to the number of shares held by the Roman Catholic Trusts Corporation.
PART II
Division A—Obligations of the State
4.The State shall—
(a)purchase at the price found by the Valuer-General from the Council an area of 1470 square metres approximately of land at the north-east corner of the land held by the Council (which is marked on the diagram in Part III first-mentioned land);
(b)join the land mentioned in (a) with an area of 1180 square metres approximately of land at the north-west corner of the present site owned by the State (which land is marked on the diagram in Part III);
(c)transfer at no cost to the Company the ownership of the joined land mentioned in (b) to the Company;
(d)cause the building to be designed and constructed in accordance with this Agreement on the land vested in the Company;
(e)pay towards the cost of design and construction of the building an amount equal to 58 per cent of such cost and pay the rest of such cost out of moneys received under this Agreement from the Roman Catholic Trusts Corporation and from the Council;
(f)make an agreed financial contribution not to exceed $23 200 to the Council in respect of car parking facilities and access pavements to be included in the recreation reserve;
(g)maintain security surveillance of the building outside school hours; and
(h)pay to the Company at times to be agreed between the State and the Committee which times shall be suitable to the financial needs of the Company acting in pursuance of this Agreement—
(i)an amount equal to 64 per cent of the cost in each case of any maintenance renovation or repair of the building as such works are recommended (with the approval of the State and the parish priest) from time to time by the Committee of Management to be carried out by the Company;
(ii)an amount equal to 50 per cent of the cost in each quarter, as such cost is assessed from time to time by the Committee of Management, of daily operation of the building such as cleaning, lighting and heating of the building, rates and telephone charges;
(iii)in each year an amount equal to 64 per cent of the cost for that year of insurance against fire and peril;
(iv)in each year an amount equal to 50 per cent of the cost for that year of insurance against burglary theft and malicious damage;
(v)in each year an amount equal to a proportion of the cost for that year of public liability insurance which proportion shall be the same as the proportion of the total number of pupils at the two schools who are enrolled at the State school where in each year pupil enrolments at the two schools are or are deemed to be those established at the school census taken in February of that year;
(vi)an amount equal to 50 per cent (or in any particular case some other proportion agreed to by the parish priest) of the cost in each case of the employment of any administrative or educational staff employed by the Company as recommended by the Committee of Management and approved by the State and the parish priest.
5.Staff appointments
When staff are appointed to the State school account shall be taken of the desirability that appointees be eligible for registration with both the Primary Teachers Registration Board and the Council of Public Education.
Division B—Obligations of the Roman Catholic Trusts Corporation
6.The Roman Catholic Trusts Corporation shall—
(a)transfer at no cost to the Company the ownership of an area of 1302 square metres approximately of land at the south-east corner of its property (which land is marked on the diagram on Part III) to the Company;
(b)pay to the State an amount equal to 29 per cent of the cost of design and construction of the building;
(c)pay to the Company at times to be agreed between the parish priest and the Committee which times shall be suitable to the financial needs of the Company acting in pursuance of this Agreement—
(i)an amount equal to 36 per cent of the cost in each case of maintenance renovation or repair of the building as such works are recommended (with the approval of the State and the parish priest) from time to time by the Committee of Management to be carried out by the Company;
(ii)an amount equal to 50 per cent of the cost in each quarter, as such cost is assessed from time to time by the Committee of Management, of daily operation of the building such as cleaning lighting and heating of the building, rates and telephone charges;
(iii)in each year an amount equal to 36 per cent of the cost for that year of insurance against fire and peril;
(iv)in each year an amount equal to 50 per cent of the cost for that year of insurance against burglary, theft and malicious damage;
(v)in each year an amount equal to a proportion of the cost for that year of public liability insurance which proportion shall be the same as the proportion of the total number of pupils at the two schools who are enrolled at the Catholic school where in each year pupil enrolments at the two schools are or are deemed to be those established at the school census taken in February of that year;
(vi)an amount equal to 50 per cent (or in any particular case some other proportion agreed to by the School Council) of the cost in each case of employment of any administrative or educational staff employed by the Company as recommended by the Committee of Management.
7.When staff are appointed to the Catholic school account shall be taken of the desirability that appointees be eligible for registration with both the Primary Teachers Registration Board and the Council of Public Education.
Division C—Obligations of the Municipal Council of the City of Doncaster and Templestowe
8.The Council shall—
(a)sell to the State at the price found by the Valuer-General an area of 1470 square metres approximately of land at the north-east corner of the recreation reserve (which land is marked on the diagram on Part III);
(b)grant to the Company such rights of way over land owned by the Council as are necessary to enable the Company to gain title to the land and access to the building to be constructed thereon;
(c)design and construct the recreation reserve at its own expense in co-ordination with the design of the building;
(d)include in the design and construction of the recreation reserve car parking facilities and access pavements which will be available for use by the schools during school hours;
(e)be wholly responsible for the implementation and cost of maintenance repair and upkeep of the reserve;
(f)permit the schools to use the recreation reserve in school hours;
(g)regularly advise the Committee of the times and conditions of use of the recreation reserve and the change-room and toilet facilities of the building which the Council has arranged;
(h)pay to the State an amount equal to 13 per cent of the cost of design and construction of the building;
(i)pay to the Company any excessive operational costs which are agreed between the Council and the Committee as having been incurred in relation to any use of the change-room and toilet facilities of the building which the Council has arranged.
Division D—Obligations of the Company
9.The Company shall—
(a)manage and operate the building erected on the land which under this Agreement is vested in the company in accordance with this Agreement;
(b)receive, hold and expend funds as directed from time to time by the Committee of Management;
(c)take out insurances to provide cover of the building against fire and peril, cover of the furniture and equipment in the building against burglary theft and malicious damage and cover of all parties both separately jointly and also in case of liability between or amongst the parties against public liability;
(d)present a copy of its annual report and balance sheet to the Committee;
(e)make its records available at all times for inspection by any member of the Committee;
(f)from time to time at the direction of the Committee perform other functions in pursuance of this Agreement; and
(g)act only in pursuance of this Agreement.
Division E—Committee of Management
10.Committee of Management
For the purposes of this Agreement there shall be established a Committee of Management.
11.Functions of Committee
The functions of the Committee are—
(a)to arrange the management and operation of the building; and
(b)to determine all matters concerning the use of the facilities of the building and the recreation reserve—
in accordance with this Agreement.
12.Membership
(1)The Committee shall consist of nine members of whom—
(a)one shall be the principal for the time being of the State school;
(b)one shall be the principal for the time being of the Catholic school;
(c)two shall be appointed by the Minister after he has considered any recommendations made by the State School Council;
(d)two shall be appointed by the parish priest; and
(e)three shall be appointed by the Council.
(2)A member of the Committee appointed under paragraph (c), (d) or (e) of sub-section (1) shall hold office for a period not exceeding one year but shall be eligible for re-appointment.
(3)At each annual general meeting the members of the Committee shall appoint—
(a)from among their number—
(i)a Chairman;
(ii)a Treasurer; and
(iii)a Secretary;
and
(b)such other officers as the Committee deems necessary—
who shall hold office until the next annual general meeting.
(4)A member of the Committee may resign his office by writing signed by him and delivered to the Committee.
(5)In the case of the illness or absence of an appointed member or in the case of a vacancy in the office of an appointed member the person or body responsible for the appointment of that member may, subject to this section, appoint some suitable person to act as the deputy of that member during that illness or absence or until that vacancy is filled (as the case may be) and the deputy may exercise the powers and perform the duties of that member accordingly.
(6)If any appointed member of the Committee—
(a)is absent without permission of the Committee from three consecutive meetings of the Committee;
(b)becomes bankrupt or his property becomes in any manner subject to control under the law relating to bankruptcy;
(c)is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence;
(d)becomes incapable of performing the duties of his office;
(e)is removed from office or resigns his office; or
(f)dies—
his office as a member of the Committee shall become vacant.
13.Meetings
(1)The Committee shall meet at least once a month between 1 February and 31 December and the Secretary shall give members at least three days' notice that a meeting is to be held.
(2)In July of each year the committee shall hold an annual general meeting which shall be open to the public.
(3)The Chairman shall give fourteen days' notice of an annual general meeting—
(a)to all members of the Committee; and
(b)to the public by causing an advertisement to be published in a daily newspaper circulating throughout Victoria and in a newspaper circulating in the area of Doncaster and Templestowe.
(4)The Chairman shall preside at a meeting of the Committee at which he is present and if he is not present at a meeting the members present shall elect one of their number to preside at the meeting.
(5)Five members of the Committee shall constitute a quorum.
(6)Subject to the presence of a quorum the Committee may act notwithstanding any vacancy in its membership.
(7)A matter arising at a meeting of the Committee shall be determined by a majority of the votes of the members of the Committee present and voting.
(8)In the event of—
(a)an equality of votes on a matter arising at a meeting of the Committee; or
(b)a challenge by one of the parties to the Agreement in relation to a determination of a matter by the Committee—
the Chairman shall convene an extraordinary meeting of the Committee to deal with that matter.
(9)The Chairman shall give to all members of the Committee seven days' notice of an extraordinary meeting and shall specify in the notice the matter with which the meeting is to deal.
(10)No business shall be transacted at an extraordinary meeting unless all members of the Committee are present.
(11)An act or decision of the Committee shall not be invalid by reason only of a defect or irregularity in or in connexion with the appointment of a member of the Committee or, in the case of a person appointed to act as a member, on the ground that the occasion for his so acting had not arisen or had ceased.
(12)Subject to this Agreement the Committee may regulate its own proceedings.
14.Moneys
(1)All moneys received or collected by the Committee shall be paid to the Company.
(2)Upon a direction from the Committee the Company shall in compliance with the direction apply moneys from the funds which it holds.
15.Application of moneys
The Committee may direct that the Company apply from the funds held by the Company moneys for and towards the cost of—
(a)daily maintenance, cleaning, lighting, heating and incidental charges in relation to the building;
(b)administrative expenses of the Committee including the appointment of administrative and educational staff;
(c)maintenance renovation and repair of buildings fittings equipment or sports fields;
(d)other purposes which may arise in the course of any action of the Committee in accordance with this Agreement; and
(e)other purposes which may be agreed to from time to time by the State, the Roman Catholic Trusts Corporation and the Council.
16.Financial report and budget
(1)At the beginning of each quarter of the financial year the Committee shall prepare a financial report and budget showing details of—
(a)receipts and expenditures in the preceding quarter;
(b)expected receipts and expenditures for the current quarter; and
(c)details of payments due under this Agreement in respect of the preceding and current quarters from—
(i)the State;
(ii)the Roman Catholic Trusts Corporation; and
(iii)the Council.
(2)The Committee shall forward a copy of the financial report and budget to each of the parties to the Agreement.
17.Agreements
(1)Subject to this clause the Company at the direction of the Committee may enter into agreements or arrangements for the use of the building and the recreation reserve with the parties to the Agreement and with other persons or groups.
(2)Subject to this clause, the Company at the direction of the Committee may charge persons or groups who are not a party to the Agreement a fee for the use of the building or recreation reserve.
(3)The use of the recreation reserve and the toilet and change-room facilities of the building outside of school hours may be arranged by the Council as it sees fit and the Company shall not charge any fee for any such use arranged by the Council.
(4)Any use of the building or the recreation reserve in school hours shall be subject to the approval of the State School Council and of the equivalent body in relation to the Catholic school (or the parish priest).
18.Duties of the Committee
The Committee shall arrange and administer in accordance with this Agreement—
(a)all matters of daily cleaning lighting heating and maintenance of the building;
(b)general maintenance renovation and repair of the building, fittings, equipment and sports fields;
(c)any supervision of the use of the building or security procedures it deems necessary which are not provided by the State;
(d)the use of the building;
(e)the keeping of records of—
(i)the decisions of the Committee;
(ii)agreements made with the parties to the Agreement or with other persons or groups for the use of the building and recreation reserve;
(iii)all receipts and expenditures.
Division F—General
19.Force majeure
(1)This Agreement is made subject to any delay in the performance of any obligation or duty under this Agreement which may be occasioned by or arise from any circumstances whatsoever beyond the power and control of the party responsible for the performance of such obligation including but without limiting the generality of the foregoing delay caused by or arising out from act of God, act of war, force majeure, act of public enemies, industrial disputes, restraint or labour or other similar acts, whether partial or general, shortage of essential materials from the usual source of supply, reasonable failure to secure or delays of contractors, riots and civil commotion and a failure by any party or instrument appointee or representative of any party to perform its or his obligations for any such reason shall not be deemed a breach of this Agreement and such obligation or duty shall be performed within a reasonable period following the cessation of the circumstances which so delay it.
(2)A party to the Agreement may from time to time enter into agreements or arrangements for better giving effect to the provisions of this Agreement.
(3)If—
(a)the Company enters into liquidation (other than a voluntary liquidation for the purpose of reconstruction); or
(b)the State, the Council, the Roman Catholic Trusts Corporation or the Company abandons or repudiates this Agreement—
any other party to this Agreement may by notice in writing determine this Agreement but such determination shall not affect the enforcement of any right obligation or liability theretofore acquired accrued or incurred.
(4)If the State, the Council or the Roman Catholic Trusts Corporation abandons or repudiates or withdraws from this Agreement, compensation for the financial interest of that party in the building its furnishings or fittings and the time conditions and manner by which such compensation is to be made will be determined subject to sub-section (5) by an arbitrator appointed pursuant to this Agreement and the Agreement shall then be deemed to be varied accordingly.
(5)Upon a determination of this Agreement—
(a)the State shall be deemed to be entitled to an amount equal to—
(i)58 per cent of the value of the building; and
(ii)66·7 per cent of the value of the land owned by the Company;
(b)The Roman Catholic Trusts Corporation shall be deemed to be entitled to an amount equal to—
(i)29 per cent of the value of the building; and
(ii)33·3 per cent of the value of the land owned by the Company; and
(c)the Council shall be deemed to be entitled to an amount equal to 13 per cent of the value of the building—
unless otherwise determined by an arbitrator appointed pursuant to this Agreement, and any other assets of the Company shall be distributed according to the Articles of Association of the Company.
(6)If there shall be any difference or dispute between or amongst the parties to this Agreement or the Committee or its members any such party (or person or persons as the case may be) may give notice to any other party or person of the difference or dispute and if the difference or dispute is not settled within one month after service of the notice—
(a)that matter shall be referred to an arbitrator appointed by agreement of the Minister of Education together with the Minister for Local Government and the Catholic Archbishop of Melbourne, such appointment to be made within two months after service of the notice; and
(b)the provisions of the Arbitration Act 1958 (as amended) shall apply to the reference as if it were a reference by consent under that Act.
(7)Any notice consent or other writing authorized or required by this Agreement to be given or sent shall be deemed to have been duly given or sent—
(a)by the State if signed by the Minister or another Minister of the Crown acting on his behalf;
(b)by the Roman Catholic Trusts Corporation if signed by the Catholic Archbishop of Melbourne;
(c)by the Council if signed by the Town Clerk of the City of Doncaster and Templestowe;
(d)by the Company if signed by a director or the Secretary of the Company in the State;
(e)by the Committee if signed by the Chairman or Secretary of the Committee—
and forwarded by prepaid post to the party or person to whom notice is to be given and any such notice consent or writing shall be deemed to have been duly given or sent on the day on which it would be delivered in the ordinary course of the post.
20.Interpretation of Agreement
This Agreement shall be governed and interpreted according to the laws applying in the State of Victoria.
PART III
DIAGRAM OF LAND
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinbefore written
| SIGNED SEALED AND DELIVERED | ü | A. J. HUNT |
| THE COMMON SEAL OF THE ROMAN | ü | (L.S.) |
| THE COMMON SEAL OF THE MAYOR | ü | E. A. M. AJANI, |
| THE COMMON SEAL OF SERPELL | ü | J. SYME, Director |
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ENDNOTES
1. General Information
The Serpell Joint Schools Act 1981 was assented to on 15 December 1981 and came into operation on 24 March 1982: Government Gazette 24 March 1982 page 809.
2. Table of Amendments
There are no amendments made to the Serpell Joint Schools Act 1981 by Acts and subordinate instruments.
3. Explanatory Details
No entries at date of publication.
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