Youth, Community Recreation and National Fitness Act 1972 (WA)

WESTERN AUSTRALIA.

YOUTH, COMMUNITY

RECREATION AND NATIONAL

FITNESS.

No. 71 of 1972.

AN ACT to establish the Youth, Community Recrea- tion and National Fitness Council of Western Australia, to promote co-operation between and to assist organisations concerned with youth service, community recreation and physical and cultural fitness, to repeal the National Fitness Act, 1945-1959, and the Youth Service Act, 1964; and for incidental and other purposes.

[Assented to 16th November, 1972.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Youth, Com- Short title.

munity Recreation and National Fitness Act, 1972.

No. 71.] Youth, Community Recreation

[1972.

and National Fitness.

Commence-

This Act shall come into force on a day to be fixed by proclamation.

ment.

Repeals.

The National Fitness Act, 1945, the National

Fitness Act Amendment Act, 1959, and the Youth

Service Act, 1964, are hereby repealed.

Interpreta-	4.	In this Act, unless the context otherwise
tion.

requires

"Council" means the Youth, Community Re- creation and National Fitness Council of Western Australia established under section 6;

"Director" means the Director of the Council appointed under section 22;

"Director-General of Education" means the person holding or acting in the office of Director-General of Education under section 7 of the Education Act, 1928;

"Fund" means the Youth, Community Recrea- tion and National Fitness Fund established under section 28;

"member" means a member of the Council;

"section" means section of this Act;

"the State National Fitness Council" means the

body established by that name under section 4 of the National Fitness Act, 1945;

"the Youth Council of Western Australia" means the body established by that name under section 4 of the Youth Service Act, 1964.

Statutory

vesting.

5. On the coming into operation of this Act

(a)	all the right, title and interest of the State National Fitness Council and the Youth Council of Western Australia, respectively, in and to any property shall by force of this Act be transferred to and vested in the Council for the purposes of this Act;

1972.]

Youth, Community Recreation [No. 71.

and National Fitness.

(b)	all rights, obligations, and liabilities of the State National Fitness Council and of the Youth Council of Western Australia existing immediately prior to the coming into opera- tion of this Act shall by force of this Act be vested in or imposed on the Council;
(c)	a reference to the State National Fitness Council or to the Youth Council of Western Australia shall be read as a reference to the Council in any contract, agreement or other instrument to which either of those bodies was a party; and
(d)	a reference in any other Act to the State National Fitness Council or to the Youth Council of Western Australia shall be read as a reference to the Council.

6. (1) There shall be established a council to be ralgilgh"

known as the Youth, Community Recreation and Councn.

National Fitness Council of Western Australia.

(2) The Council

(a)	shall be a body corporate with perpetual succession and an official seal;
(b)	may, in its corporate name, acquire, hold and dispose of real and personal property;
(c)	shall be capable of suing and being sued in its corporate name,

and shall be, when established, an instrumentality of the Crown and may, for the purposes of this Act exercise all the powers, privileges, rights and remedies of the Crown.

Functions of

7. (1) The functions of the Council are—

the Council.

(a)	to advise the Minister on such matters relating to youth activities, cultural activi- ties, community recreation, or national fit- ness as the Minister may refer to it or as the Council thinks necessary or desirable;

No. 71.] Youth, Community Recreation

[1972.

and National Fitness.

(b)	to initiate, promote, co-ordinate and assist such activities as the Council thinks desir- able to give effect to the purposes of this Act, and in particular (but without pre- judice to the generality of this provision)—

(i) to promote an appreciation of the need for physical and cultural fitness;

(ii) to encourage through recreational and other community activities a strong spirit of community service;

(iii) to formulate and implement propo- sals for the promotion, assistance and establishment of clubs and organisa- tions concerned with youth service;

(iv) to promote co-operation with and between voluntary organisations, clubs, departments of the Public Service, local government authorities, and persons, who or which are con- cerned with physical and cultural fitness, community recreation or youth service;

(v) to foster the formation of special voluntary organisations or move- ments which can directly associate with the Council in any or all aspects of youth activity, physical recreation, sport, or community service;

(vi) to instigate and promote the training of teachers of classes and of leaders of movements or groups for the pur- poses of meeting the needs expressed in this Act; and

(vii) to exercise such other powers and functions and to perform such other duties as may be prescribed; and

(c)	to nominate a person for appointment by the Governor to act as the representative of the State in the Commonwealth Council for National Fitness and to encourage the

1972.]

Youth, Community Recreation [No. 71.

and National Fitness.

development of national fitness in accord- ance with the advice or recommendations of the Minister of State for the Common- wealth administering the National Fitness Act 1941, of the Commonwealth.

(2) The Council has power to do anything for the purpose of discharging the functions conferred upon it by this section or which is incidental or conducive to the discharge of those functions and in particular

(a)	to promote or undertake research, inquiries and investigations;
(b)	to provide advisory and information services;
(c)	to contribute to or reimburse expenditure incurred by any other person or organisa- tion in carrying on any activity which the Council has power to carry on under this Act;
(d)	to formulate, promulgate, and implement plans and measures necessary to carry into effect the purposes of this Act; and
(e)	with the approval of the Treasurer of the State, to borrow moneys on such terms and conditions as the Minister approves.

Membership

8. (1) The Minister shall from time to time

of the

appoint a person to the office of Chairman of the	Council.
Council, and may terminate such appointment at any time, but where at the time of such appointment the person so appointed is not a member of the Council he is by force of his appointment to the office of Chairman of the Council thereby appointed to be a member of the Council for so long as he continues to hold office as Chairman.
(2) Subject to subsection (1) of this section, the membership of the Council consists of

(a) the Director-General of Education;

(b) the Commissioner of Public Health;

No. 71.] Youth, Community Recreation

[1972.

and National Fitness.

(c)	the Town Planning Commissioner;
(d)	the Director of Community Welfare;
(e)	not less than fifteen nor more than twenty other persons appointed by the Minister as representatives of interests likely to be affected by the operation of this Act.

(3) (a) A member appointed ex officio may, by agreement with the Minister, nominate a responsible officer of the department of the Public Service which he represents to act as his deputy at any meeting of the Council, and may terminate such nomination at any time.

(b) For the purposes of ascertaining whether or not a quorum is present and of voting at any meeting a person nominated under this subsection shall be deemed to be the ex officio member by whom he is nominated.

(4) The Minister may appoint a person to be a deputy of a Council member, other than a member appointed ex officio, and may terminate such appointment at any time.

(5) In this Act, other than in relation to the provisions of section 14, a reference to a member shall be read as including a reference to a deputy taking the place of that member.

(6) A member, other than a member appointed

ex officio,—

(a)	shall not be appointed to hold office for a term exceeding five years; and
(b)	shall hold and vacate office in accordance with the provisions of the instrument under which he is appointed.

(7) A member, other than a member appointed ex officio, may resign from the Council by notice in writing signed by him and given to the Minister.

1972.]

Youth, Community Recreation [No. 71.

and National Fitness.

(8) A member who ceases to hold office shall, unless otherwise disqualified, be eligible for re-appointment.

(9) The Governor may remove a member from office for inability, inefficiency or misbehaviour.

Disqualifi-

9. If a member

cation.

(a)	is an incapable person within the meaning of section 5 of the Mental Health Act, 1962;
(b)	is an undischarged bankrupt or has his affairs under liquidation by arrangement with his creditors;
(c)	is convicted of an indictable offence; or
(d)	had his appointment terminated by the Governor for inability, inefficiency or misbehaviour,

his office becomes vacant and he is not eligible for

re-appointment.

10. (1) A vacancy among the membership shall /1",gget,114.

not invalidate the proceedings of any meeting.

(2) All acts done at any meeting shall, notwith- standing it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member, be as valid as if that defect had not existed.

11. The Minister may grant leave of absence to a 4::::1

member upon such terms and conditions as the

Minister determines.

12. The quorum to constitute a meeting of the Quorum.

Council shall be such as the Council may from time to time determine but shall not be less than seven persons of whom two shall be members appointed

ex officio.

No. 71.] Youth, Community Recreation

[1972.

and National Fitness.

Meetings.

13. (1) The Council shall hold such meetings as are necessary for the performance of its functions.

(2) The Minister or the Chairman may at any time convene a meeting of the Council, and a meeting shall be convened by the Chairman within seven days of the receipt by him of a written request signed by two or more members of the Council specifying the business in respect of which the meeting is to be convened.

Person

Presiding Est	14. (1) The Chairman shall preside at all
meetings.

meetings of the Council at which he is present.

(2)

The Minister may appoint one of the members to be the Deputy Chairman of the Council and when and as often as the Chairman is absent or tempor- arily unable to perform the duties of his office the Deputy Chairman shall preside at all meetings of the Council at which he is present and while so presiding has all the powers of the Chairman.

(3) The Minister may nominate a member to preside at any meeting of the Council from which both the Chairman and the Deputy Chairman of the Council are absent, and a member so nominated has all the powers of the Chairman while so presiding.

(4)

Where the Chairman, the Deputy Chairman and any person nominated in accordance with subsection (3) of this section are all absent from a meeting of the Council the members present at the meeting shall elect one of their number to preside at that meeting and while so presiding that member has all the powers of the Chairman.

Voting. 15. (1) Each member, including the member

presiding, shall have a deliberative vote only and subject to the requirement that a quorum is present all questions shall be decided by a majority.

(2) In the case of an equality of votes the question shall be declared to be negatived.

1972.]

Youth, Community Recreation [No. 71.

and National Fitness.

16. A record of the proceedings of every meeting

Records.

shall be kept in such manner as the Minister may direct or approve, and shall be certified as correct by the member presiding at that or the next succeeding meeting.

17. A member, other than a member appointed lig11,1ra-

ex officio, shall be entitled to such remuneration,

travelling and other allowances as the Minister

determines.

18. In all cases of dispute, doubt or difficulty, Disputes.

respecting or arising out of matters of procedure or order, then, subject to the Minister, the decision of the member presiding shall be final and conclusive.

19.

Subject to this Act, and to any direction Conduct of

proceedings.

which may be given by the Minister, the proceedings may be regulated in such manner as the members think fit.

Committees.

20.

(1) The Council may set up committees to investigate and advise the Council on any aspect of its functions or to implement any decision of the Council, but the delegation by the Council to a committee of any power or duty of the Council does not relieve the Council of the responsibility for the decision of that committee.

(2) A committee of the Council may consist of such persons as the Council determines, whether members or persons who are not members, but so that in every case the chairman of the committee shall be a member.

The provisions of this Act, except in so far as the Minister may otherwise direct or approve, apply, subject to such modifications as may be necessary, to a committee of the Council and to a person appointed to serve on a committee as they apply to the Council or to a member.

(3)

No. 71.] Youth, Community Recreation

[1972.

and National Fitness.

Delegation

by Council.	21. (1) The Council may, with the consent in writing of the Minister, in relation to any matter or class of matters, or in relation to any activity or function of the Council, by resolution, delegate any of the powers or duties conferred or imposed upon it by this Act, except this power of delegation, to any person or organisation.
(2) The Council may, by resolution, revoke a delegation given under this section and a delegation so given does not prevent the exercise or discharge by the Council of any of its powers or duties.
Director of
the Council.	22. (1) The Minister may appoint a person to the office of Director of the Council and a person so appointed

(a)	shall be the chief executive officer of the Council;
(b)	shall be entitled to attend all meetings of the Council and may speak in relation to any matter; but
(c)

shall not be entitled to vote at any meeting. (2) The Director of the Council has such powers and duties as are conferred upon him by resolution of the Council and, unless otherwise expressly provided, may delegate any of those powers or duties, except this power of delegation, to any person or organisation.

Co-operation	23. (1) The Council shall, on matters relevant to the purposes of this Act, confer and collaborate with departments of the Commonwealth and the States of the Commonwealth and other bodies or instrumen- talities of the Commonwealth or States of the Commonwealth having to do with youth activity, community recreation, and national fitness.
and
assistance.
(2) The Council has power, subject to the approval of the Minister and on such terms and conditions as the Minister may determine, to invite any person to act in an advisory capacity to the Council in relation to any or all aspects of the functions of the Council.

1972.]

Youth, Community Recreation [No. 71.

and National Fitness.

(3) The Minister may, on the request of the Council, enter into arrangements with

(a)	a Minister of the Crown of any State of the Commonwealth, a Minister of State of the Commonwealth, a department or an instru- mentality of the Commonwealth or any State of the Commonwealth; or
(b)	a university or other tertiary educational institution; or
(c)	any other organisation or person, with respect to any investigation, research, or activity that may be necessary or desirable for the purposes of this Act.

24. (1) The Council may, with the approval of stag'

the Minister, engage under contract for services such professional and technical or other assistance, and such officers and temporary employees, as may be necessary to enable the Council to carry out effectively its functions under this Act.

(2) The Council may, with the consent of the Minister administering

(a)	any department of the Public Service of the State;

(b) the Education Department; or

for the purposes of this Act co-opt the services, whether of an administrative, technical, teaching staff, or other nature, of any person employed in any of those departments, or request the secondment of any such person, upon such terms as may be agreed between that Minister and the Council.

(3) Where the services of any person are co-opted or a person is seconded under the provisions of this section, it does not prejudice that person's existing or accruing rights under the Public Service Act,

No. 71.] Youth, Community Recreation

[1972.

and National Fitness.

1904, or under any other Act applying to him as a public servant, and his service with the Council under this Act shall be regarded as service in the Public Service of the State for the purposes of determining those rights.

Terms of

service.	25. (1) A person engaged under the provisions of subsection (1) of section 24 is not a person appointed under the Public Service Act, 1904, and subject to this Act and to any award or agreement in force under the Industrial Arbitration Act, 1912, the Council may effect, suspend, and terminate the engagement subject to such terms and conditions as the Council thinks fit.
(2) Where a person so engaged was, immediately prior to his engagement, in the service of a depart- ment of the Public Service of the State, the Educa- tion Department or of the Youth Council of Western Australia, he retains any rights that may have accrued to him under the Act pursuant to which he was then serving and, in particular, his rights, if any, under the Superannuation and Family Benefits Act, 1938.
(3) A person so engaged may be appointed at such salary and other remuneration, travelling allowance and leave entitlement as may be deter- mined by the Public Service Board established under the Public Service Act, 1904.
Superannu-
ation.	26. (1) The Council shall request the Minister to whom the administration of the Superannuation and Family Benefits Act, 1938, is committed to recommend that the Council be included as a corporate body in the term "department" for the purposes of that Act, and the Treasurer may, on such recommendation and upon the Council complying with the requirements of that Act, approve of the Council as, and the Council shall thereupon be deemed to be, a department for the purposes of that Act.

1972.]

Youth, Community Recreation [No. 71.

and National Fitness.

(2) A member of the staff or other employee of the Council is not obliged to become a contributor under the Superannuation and Family Benefits Act, 1938.

27. Subject to such conditions as he may think Yin %fult}ag.

fit to impose and notwithstanding anything in any LegeoU2-

Act, the Director-General of Education may 21uca i0°Df..

authorize any club or organisation or persons con-

cerned with the encouragement, advancement or

establishment of youth, community recreation or

national fitness activities in this State to use any

land, building or facilities vested in the Minister

under the provisions of section 6 of the Education

Act, 1928-

(a)	for the purpose of recreation, social, moral, physical or cultural training; or
(b)	for the training of leaders and instruction in all or any of those activities,

during any hours when the land or building is not

required for use under that Act.

28. (1) The funds which were immediately prior

to the coming into operation of this Act kept in the

Treasury

The Fund.

(a)	by the name of "The State National Fitness Fund" under the provisions of section 12 of the National Fitness Act, 1945; and
(b)	by the name of "The Youth Service Assist- ance Fund" under the provisions of section 18 of the Youth Service Act, 1964,

shall continue to be so kept under the name of "The Youth, Community Recreation and National Fitness Fund".

(2) All moneys from time to time belonging to the Fund shall be deposited in an account to be called "The Youth, Community Recreation and National Fitness Fund Account"'.

No. 71.] Youth, Community Recreation

[1972.

and National Fitness.

(3) The Fund consists of

(a)	moneys from time to time appropriated by Parliament for the purpose, or advanced by the Treasurer in any case where the moneys otherwise standing to the credit of the Fund would be insufficient for the purposes of this Act;
(b)	such moneys as are at the date of the coming into operation of this Act, or may thereafter be, under the control of the Council and are credited to the Fund;
(c)	the proceeds of the disposal of or dealing with any land, or other property that the Council is authorized to effect under this Act;
(d)	moneys from time to time derived by the Council from the management of any land or property;
(e)	the proceeds of investment of any moneys standing to the credit of the Council;
(f)	gifts, devises, bequests or other moneys falling to be controlled by the Council; and
(g)	such amounts as are received from the Commonwealth under the National Fitness Act 1941, of the Commonwealth.

(4) All expenditure incurred by the Council shall be paid from the Fund.

(5) If in any year the whole of the sum appro- priated by Parliament for the purpose of this Act is not expended, the unexpended balance shall be retained by the Council and expended in the per- formance of the duties of the Council in any subsequent year.

(6) The amount of any advance made to the Fund by the Treasurer, to the extent to which such advance is for the time being not repaid, is a charge on the Fund.

1972.]

Youth, Community Recreation [No. 71.

and National Fitness.

(7)

The Fund shall be controlled by the Council and, subject to the approval of the Minister, may be administered and dealt with in such manner as the Treasurer may authorize and when not immediately required for the purposes of this Act may be invested in any investment authorized by law for the purpose of the investment of trust funds.

(8) Any moneys received from the Commonwealth under the National Fitness Act 1941, of the Common- wealth shall be used and applied for the purposes which may be specified by the Commonwealth in relation thereto.

(9) Gifts, devises and bequests made for the purposes of this Act or so much of the Fund as represents their proceeds on realisation shall be used and applied in accordance with the conditions upon which they were made.

(10) The Council shall cause to be kept proper records relating to operations on the Fund in such manner and form as the Treasurer approves.

(11) The Auditor General has, in respect of the accounts of the Fund, all powers conferred on him by any law for the time being in force relating to the audit of public accounts.

29. (1) The Council shall, in each year, as soon motrts and

as practicable after the completion of the audit, submit to the Minister a report of their activities during the year ending on the preceding thirtieth day of June, containing a full account of the income and expenditure of the Council for that period and a statement of the financial position of the Council at the close of that year, audited by the Auditor General, and the report, if any, of the Auditor General thereon.

(2) The Minister shall cause a copy of every report

received by him pursuant to subsection (1) of this

section to be laid before each House of Parliament.

No. 71.] Youth, Community Recreation

[1972.

and National Fitness.

Regulations.	30. (1) The Governor may make such regula- tions, not inconsistent with this Act, as he considers necessary and desirable for the proper admin- istration of this Act or for achieving the objects and purposes of this Act.
(2) The regulations may prescribe penalties, not exceeding a fine of two hundred dollars in respect of a breach of any of the regulations.
(3) The regulations may require that any information, account, document or form required to be given or furnished thereunder shall be verified by statutory declaration.