Untitled document

Education (Self-Governing Schools) Act 1998

Act No. 28/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	School councils established etc by Ministerial Order	2
4.	New section 15BA inserted	2
15BA. Power of further delegation	2
5.	New Division 3B inserted in Part 1	3
Division 3B—Special functions of School Councils	3

15R.	Application	3
15S.	Ministerial approval	3
15T.	Power to employ staff	4
15U.	Minister may object to principal or head teacher
appointment	5
15V.	Power to invest	5
15W.	Real and personal property	6
15X.	Partnerships, joint ventures etc.	6
15Y.	Educational services agreements	6
15Z.	Minister's right of intervention in management	8

15ZA. Dissolution of school councils	9
15ZB.	Special provisions for school councils that are
reconstituted 11
15ZC.	Savings for Teaching Service staff 13

6.	School property	15
7.	New section 86 inserted	15

86. Saving of existing school councils 15

8. Delegation of powers under the Teaching Service Act 1981 15

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NOTES 17

i

Victoria

No. 28 of 1998

Education (Self-Governing Schools) Act

1998†

[Assented to 19 May 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the management and operation of State schools.

Education Act 1958 and the Teaching Service

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal
Assent.

Education (Self-Governing Schools) Act 1998

Act No. 28/1998 s. 3

(2) The remaining provisions of this Act come into

operation on the 28th day after the day on which it

receives the Royal Assent.

3. School councils established etc by Ministerial Order

(1) In section 13(1), (4) and (5) of the Education Act	No. 6240. Reprinted as
1958, for "Governor in Council" substitute	at 2 March
"Minister".	1980. Further amended by
(2) After section 13(10) of the Education Act 1958	Act Nos
31/1994,
insert—	104/1995, 44/1996,
"(11) Any Order made by the Governor in Council under this section as in force immediately	47/1996, 89/1996,
3/1997 and

before the commencement of section 3 of the	20/1997.
Education (Self-Governing Schools) Act 1998 that was in operation immediately before that commencement continues in operation and may be amended or revoked as if it were made by the Minister under this section as in force after that commencement.".

4. New section 15BA inserted

After section 15B of the Education Act 1958 insert—

"15BA. Power of further delegation

(1) If a power or function has been delegated to a school council under section 77(1) of the council may delegate the power or function to a member or members of the school council if the original instrument of delegation of that power or function authorised the making of a further delegation.

(2) An original instrument of delegation may

specify any terms, conditions, limitations or

Education (Self-Governing Schools) Act 1998

s. 5 Act No. 28/1998

restrictions on the making of a further
delegation.

(3) Sections 42 and 42A of the Interpretation

of Legislation Act 1984 apply to a sub-
delegation authorised by this section in the
same way as they apply to a delegation.".

5. New Division 3B inserted in Part 1

After section 15Q of the Education Act 1958 insert—

"Division 3B—Special functions of School

Councils

15R. Application

(1) This Division only applies to a school

(2) Section 15T, 15V, 15W or 15X does not	council constituted under section 13 that the this Division under section 15S.
apply to a school council unless the Minister has given notice under section 15S that the section applies.

(3) The provisions of this Division except 15ZA

are in addition to and do not limit any other
provisions of this Act applying to or in
relation to school councils.

15S. Ministerial approval

(1) The Minister, by notice published in the

Government Gazette, may approve a school council for the purposes of this Division and specify whether or not section 15T, 15V,
15W or 15X apply to that school council.

Education (Self-Governing Schools) Act 1998

Act No. 28/1998 s. 5

(2) The Minister must not approve a school

council under sub-section (1) or specify that
any section referred to in sub-section (1)
applies to that school council unless the

school council has passed a resolution—

(a)	to the effect that the school council should seek the Minister's approval under sub-section (1); and
(b)	sub-section (1) that the school council

specifying the sections referred to in school council.

15T. Power to employ staff

(1) A school council may employ a person as

principal or head teacher and other persons

in teaching or other positions.

(2) A school council may terminate the

employment of any principal or head teacher

or any person employed by it.

(3) Persons employed by a school council under

employment, subject to the Teaching

sub-section (1) are not, in respect of that employed or engaged subject to the terms and conditions that the school council determines in accordance with this section.

(4) A school council may enter into

arrangements with any person, body or
agency for the employment or engagement
of a person as head teacher or principal or
persons as teaching or other staff.

Education (Self-Governing Schools) Act 1998

s. 5 Act No. 28/1998

(5) The Minister may make Orders in relation

to—

(a)	the determination of salaries and allowances to be paid to, and the terms and conditions of employment of, persons employed by school councils as head teachers or principals or as teaching or other staff;
(b)	the disqualification of any person from being employed as a teacher or continuing to be employed as a teacher if the person has been found guilty or convicted of a sexual offence within the meaning of section 35.

15U. Minister may object to principal or head

teacher appointment

(1) Before appointing a person as a principal or

head teacher, a school council must notify
the Minister in writing of the proposal to
make the appointment.

(2) The Minister may, within 10 days after

receiving that notification and after
considering the school council's proposal,
give to the school council notice in writing
of his or her objection to the proposed
appointment.

(3) A school council must not appoint a person as a principal or head teacher if the Minister has objected to the appointment in

accordance with sub-section (2).

15V. Power to invest

A school council may invest money in any manner that the Treasurer approves to be an authorised manner of investment for the purposes of this section.

Education (Self-Governing Schools) Act 1998

Act No. 28/1998 s. 5

15W. Real and personal property

A school council may acquire, hold and dispose of any personal property and receive or hold any real property for the purposes of or in connection with the school or group of schools in respect of which it is constituted.

15X. Partnerships, joint ventures etc.

A school council may—

(a) be a member of a partnership or association with all or any of the following—

(i) another school council;

(ii)  a University or the council of a TAFE college;

(iii)  the proprietor or governing body of a registered school;

(iv)  with the consent of the Minister, any other person; or

(b) enter into a joint venture with any person or persons referred to in paragraph (a)—

if the objects or purposes of the partnership, association or joint venture include an object or purpose of providing educational facilities or services.

15Y. Educational services agreements

(1) A school council must enter into an

educational services agreement with the

Secretary.

(2) The terms of the educational services

agreement shall be in accordance with this
section and as agreed between the school
council and the Secretary.

Education (Self-Governing Schools) Act 1998

s. 5 Act No. 28/1998

(3) An agreement shall be in respect of any

period not exceeding 5 years that is
determined by the Secretary and specified in

the agreement.

(4) An agreement may specify—

(a) services to be provided by the school
council, including particulars of the
school curriculum and literacy,

particulars of educational and other standards;

(b) proposals of the school council for—

(i)  ensuring the quality of educational services provided;

(ii) staff arrangements;

(iii) keeping records and making
reports;

(c)	limits or controls on expenditure or the entering into of contracts or agreements by the school council;
(d)	other assistance to the school council

the provision of grants, subsidies or Minister for the purposes of education;

(e) any other relevant matters.

(5) If a school council or the Secretary becomes

aware of any circumstances affecting or likely to affect its or his or her ability to comply with an educational services

agreement—

(a) the school council or Secretary must inform the other party in writing; and

Education (Self-Governing Schools) Act 1998

Act No. 28/1998 s. 5

(b)	the other party must respond in writing within 6 weeks; and
(c)	if appropriate, the parties may amend the agreement.

(6) A school council must make a copy of an

educational services agreement affecting it
available for inspection by the public during

school hours.

(7) The Secretary must cause copies of an

educational services agreement in force
under this section to be available for
inspection during ordinary business hours at
the head office of the Department of the

Minister.

15Z. Minister's right of intervention in

management

(1) If the Minister is satisfied that a school

council has not complied with its obligations powers in section 15T, 15V, 15W or 15X no longer apply to the school council or do not apply for the period specified in the notice.

under an educational services agreement
made with the school council, the Minister,
by notice published in the Government

(2) If the Minister gives a notice under sub- section (1) the Minister may appoint an officer or employee employed in the

teaching service or in the administration of
this Act to exercise the functions and powers
of the school council that have been
withdrawn or suspended under sub-section
(1).

Education (Self-Governing Schools) Act 1998

s. 5 Act No. 28/1998

(3) A person appointed by the Minister under

sub-section (2) has and may carry out or
exercise all of the functions or powers of the
school council that have been withdrawn or
suspended by the Minister for the period of

the appointment.

15ZA. Dissolution of school councils

(1) The Minister may make an Order dissolving

a school council exercising powers under
this Division.

(2) The Minister must not make an Order under sub-section (1) unless—

(a) the school in respect of which the school council was constituted has been discontinued; or

(b) the Minister is satisfied that the school

council, in a serious or ongoing respect,
has failed—

(i)

to provide for the proper school or group of schools; or

(ii)  to perform a function that it is required to perform; or

(iii)  to comply with any Ministerial direction or guideline given or issued under section 14A; or

(c) the Minister has determined that the powers and duties of that school council will be conferred and imposed on a new school council constituted under section 13.

(3) An Order made in accordance with sub-

section (2)(a) or (b)—

(a) must provide for—
Education (Self-Governing Schools) Act 1998

Act No. 28/1998 s. 5

(i)  the transfer of the property, assets and rights of the school council to the Minister;

(ii) head teacher or other person who,
immediately before employment
by the school council, was a
member of the teaching service
established under the Teaching
Service Act 1981 to employment

the transfer of any principal or service;

(b)	may provide for the transfer of the debts, liabilities and obligations of the school council to the Minister;
(c)	may provide for any other transitional arrangements with respect to the duties or powers of the school council.

(4) On the day an Order made in accordance with sub-section (2)(a) or (b) comes into operation—

(a)	the members of the school council go out of office;
(b)	all rights, property and assets that, immediately before that day, were vested in the school council are by force of this section vested in the

Minister;

(c) a person referred to in sub-section (3)(a)(ii) is transferred to a position in the teaching service on terms and conditions no less favourable to the person than those to which the person was entitled when last employed in the teaching service;

Education (Self-Governing Schools) Act 1998

s. 5 Act No. 28/1998

(d) the service of that person as a member of the teaching service after that transfer is to be regarded for the purposes of the Teaching Service Act 1981 and the State Superannuation Act 1988 as being continuous with the service of the person, immediately before the transfer to a position in the teaching service, in the employment of the school council.

(5) The provisions of section 13(4), (5) and (6)

relating to the dissolution of a school council
do not apply to a school council exercising
powers under this Division.

15ZB. Special provisions for school councils that

are reconstituted

(1) If the Minister makes an Order or Orders

under section 15ZA(2)(c), the Minister may
make an Order under section 13(1)
constituting a school council to exercise and
discharge the powers and duties that were
exercised by any school council that was
dissolved by an Order made under section

15ZA(2)(c).

(2) An Order made under section 13(1)

constituting a school council to exercise and
discharge the powers and duties that were
exercised by any school council dissolved
under section 15ZA(2)(c) must take effect on
the same day as the Order or Orders made
under section 15ZA(2)(c).

(3) Without limiting the powers under section 13 an Order providing for a school council to be constituted in accordance with sub-section

(1) must provide for—
Education (Self-Governing Schools) Act 1998

Act No. 28/1998 s. 5

(a)	any interim administration of the newly constituted school council that may be necessary until an election for members is held or members are appointed;
(b)	taking over the property, rights,

the newly constituted school council functions of a school council that was dissolved and the employment of any principal or head teacher or other person that was employed by a school council that was dissolved;

(c) constituted school council any

conferring or imposing on the newly to those conferred or imposed on a school council that was dissolved;

(d)	any other matter relating to the constitution, powers, duties and functions of a school council that was
dissolved that is in the Minister's opinion necessary or expedient.

(4) On the day an Order under section 13 made

for the purposes of this section comes into
operation—

(a)	all rights, property and assets that, immediately before that day, were vested in any of the school councils that
were dissolved, are by force of this section, vested in the newly constituted school council;
(b)

all debts, liabilities and obligations, a school council that was dissolved become, by force of this section, debts,

Education (Self-Governing Schools) Act 1998

s. 5	Act No. 28/1998
liabilities and obligations of the newly constituted school council;

(c) the newly constituted school council is, by force of this section, substituted as a party to any proceedings pending in

any court or tribunal to which a school council that was dissolved was a party immediately before that day;

(d) the newly constituted school council is, by force of this section, substituted as a party to any arrangement or contract in force immediately before that day that was entered into by or on behalf of a

school council that was dissolved and;

(e) any reference to a school council that was dissolved in any Order agreement or other document must, so far as it

relates to any period after that day and if not inconsistent with the context or subject matter, be construed as a

reference to the newly constituted
school council.

15ZC. Savings for Teaching Service staff

(1) If a person, immediately before being

employed by a school council exercising
powers under this Division, was a member of
the teaching service established under the

Teaching Service Act 1981—

(a) long service leave on terms and
conditions no less favourable to the
person than those to which he or she
was entitled under section 37 of that

the person continues to be entitled to employed by such a school council; and

Education (Self-Governing Schools) Act 1998

Act No. 28/1998 s. 5

(b)	the person is entitled to be employed by such a school council with the same accrued or accruing entitlements as applied to that person under sections 34 to 40 and section 46 of that Act; and
(c)	the service of that person in the employment of the school council is to be regarded for the purposes of the provisions of the Teaching Service Act 1981 referred to in paragraphs (a) and (b) as being continuous with the service of the person, immediately before the commencement of the person's employment by the school council, as a member of the teaching service.

(2) A person who immediately before being employed by a school council exercising powers under this Division was a contributor

to or member of a superannuation fund or subject to that Act, to be a contributor to or member of that fund or arrangement for so long as he or she is employed by such a school council.

arrangement established by the State

(3) The terms and conditions of a

superannuation fund or arrangement to employer.

which a person continues to contribute or of
which he or she continues to be a member by
virtue of sub-section (2) apply to that person,
for so long as he or she is employed by a
school council exercising powers under this

(4) If a person was a member of the teaching

service immediately before being employed by a school council exercising powers under

Education (Self-Governing Schools) Act 1998

s. 6

s. 8 Act No. 28/1998

this Division and, immediately after the period of that employment by the school council or a period of continuous

employment by school councils exercising
powers under this Division, is transferred or
appointed to a position in the teaching
service, the service of that person in the
employment of the school council or school
councils is to be regarded for the purposes of
the provisions of the Teaching Service Act
1981 referred to in sub-section (1)(a) and (b)
and the State Superannuation Act 1988 as
being continuous with the periods of service
of the person as a member of the teaching

service.".

6. School property

After section 16(7) of the Education Act 1958
insert—

"(8) Nothing in this section applies to real or

personal property acquired by a school
council exercising powers under Division

3B.".

7. New section 86 inserted

After section 85 of the Education Act 1958

insert—
"86. Saving of existing school councils

A school council that was constituted as a body corporate under section 13 immediately before the commencement of section 3 of the Education (Self-Governing Schools) Act 1998 continues to be the same body after that commencement as it was before that commencement.".

8.

Delegation of powers under the Teaching Service Act Education (Self-Governing Schools) Act 1998

Act No. 28/1998

In section 77(1) of the Teaching Service Act
1981 after "this Act" (where first occurring) insert
"or the Education Act 1958 or to a school council
constituted under section 13 of the Education Act

1958".

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Education (Self-Governing Schools) Act 1998

Notes Act No. 28/1998

NOTES

†

Minister's second reading speech—

Legislative Assembly: 9 April 1998

Legislative Council: 12 May 1998

The long title for the Bill for this Act was "to amend the Education Act 1958 and the Teaching Service Act 1981 to make further provision for the management and operation of State schools and for other purposes."