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PARLIAMENT OF VICTORIA
Education (Self-Governing Schools) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
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 5
15X. Partnerships, joint ventures etc. 6
15Y. Educational services agreements 7
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 16
8. Delegation of powers under the Teaching Service Act 1981 16
NOTES 17
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PARLIAMENT OF VICTORIA
A BILL
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.
Education (Self-Governing Schools) Act
1998
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Education Act 1958 and the Teaching Service
Act 1981 to make further provision for the
5 management and operation of State schools.
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Education (Self-Governing Schools) Act 1998
s. 2
Act No.
2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
5 (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
No. 6240. (1) In section 13(1), (4) and (5) of the Education Act
Reprinted as
10 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
47/1996,
15 89/1996, under this section as in force immediately
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
20 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
25 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
30 Teaching Service Act 1981 that school
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
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Education (Self-Governing Schools) Act 1998
s. 5
Act No.
authorised the making of a further
delegation.
(2) An original instrument of delegation may
specify any terms, conditions, limitations or
5 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
10 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
15 Councils
15R. Application
(1) This Division only applies to a school
council constituted under section 13 that the
Minister has approved for the purposes of
20 this Division under section 15S.
(2) Section 15T, 15V, 15W or 15X does not
apply to a school council unless the Minister
has given notice under section 15S that the
section applies.
25 (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
30 (1) The Minister, by notice published in the
Government Gazette, may approve a school
council for the purposes of this Division and
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specify whether or not section 15T, 15V,
15W or 15X apply to that school council.
(2) The Minister must not approve a school
council under sub-section (1) or specify that
5 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
10 under sub-section (1); and
(b) specifying the sections referred to in
sub-section (1) that the school council
recommends should apply to that
school council.
15 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
20 employment of any principal or head teacher
or any person employed by it.
(3) Persons employed by a school council under
sub-section (1) are not, in respect of that
employment, subject to the Teaching
25 Service Act 1981 and are entitled to be
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
30 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.
(5) The Minister may make Orders in relation
35 to--
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(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
5 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
10 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
15 (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
20 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.
25 (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
30 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.
15W. Real and personal property
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Act No.
(1) A school council may acquire, hold and
dispose of any real or personal property for
the purposes of or in connection with the
school or group of schools in respect of
5 which it is constituted.
(2) A school council must not dispose of any
interest in land without obtaining the prior
written approval of the Minister.
(3) The Minister's approval under sub-section
10 (2) may be given--
(a) generally; or
(b) with respect to any school council or
interest in land that is specified in the
approval; or
15 (c) unconditionally or subject to
conditions.
15X. Partnerships, joint ventures etc.
A school council may--
(a) be a member of a partnership or
20 association with all or any of the
following--
(i) another school council;
(ii) a University or the council of a
TAFE college;
25 (iii) the proprietor or governing body
of a registered school;
(iv) with the consent of the Minister,
any other person; or
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(b) enter into a joint venture with any
person or persons referred to in
paragraph (a)--
if the objects or purposes of the partnership,
5 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
10 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
15 council and the Secretary.
(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.
20 (4) An agreement may specify--
(a) particulars of educational and other
services to be provided by the school
council, including particulars of the
school curriculum and literacy,
25 numeracy and other educational
standards;
(b) proposals of the school council for--
(i) ensuring the quality of educational
services provided;
30 (ii) staff arrangements;
(iii) keeping records and making
reports;
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(c) limits or controls on expenditure or the
entering into of contracts or agreements
by the school council;
(d) the provision of grants, subsidies or
5 other assistance to the school council
from money administered by the
Minister for the purposes of education;
(e) any other relevant matters.
(5) If a school council or the Secretary becomes
10 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
15 inform the other party in writing; and
(b) the other party must respond in writing
within 6 weeks; and
(c) if appropriate, the parties may amend
the agreement.
20 (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
25 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.
30 15Z. Minister's right of intervention in
management
(1) If the Minister is satisfied that a school
council has not complied with its obligations
under an educational services agreement
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s. 5
Act No.
made with the school council, the Minister,
by notice published in the Government
Gazette, may provide that all or any of the
powers in section 15T, 15V, 15W or 15X no
5 longer apply to the school council or do not
apply for the period specified in the notice.
(2) If the Minister gives a notice under sub-
section (1) the Minister may appoint an
officer or employee employed in the
10 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).
15 (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
20 the appointment.
15ZA. Dissolution of school councils
(1) The Minister may make an Order dissolving
a school council exercising powers under
this Division.
25 (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
30 (b) the Minister is satisfied that the school
council, in a serious or ongoing respect,
has failed--
(i) to provide for the proper
management or operation of the
35 school or group of schools; or
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s. 5
Act No.
(ii) to perform a function that it is
required to perform; or
(iii) to comply with any Ministerial
direction or guideline given or
5 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
10 under section 13.
(3) An Order made in accordance with sub-
section (2)(a) or (b)--
(a) must provide for--
(i) the transfer of the property, assets
15 and rights of the school council to
the Minister;
(ii) the transfer of any principal or
head teacher or other person who,
immediately before employment
20 by the school council, was a
member of the teaching service
established under the Teaching
Service Act 1981 to employment
as a member of that teaching
25 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
30 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--
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(a) the members of the school council go
out of office;
(b) all rights, property and assets that,
immediately before that day, were
5 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
10 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;
15 (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
20 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.
25 (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
30 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
35 discharge the powers and duties that were
exercised by any school council that was
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s. 5
Act No.
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
5 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).
10 (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--
(a) any interim administration of the newly
15 constituted school council that may be
necessary until an election for members
is held or members are appointed;
(b) the newly constituted school council
taking over the property, rights,
20 liabilities, obligations, powers and
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
25 council that was dissolved;
(c) conferring or imposing on the newly
constituted school council any
functions, powers or duties in addition
to those conferred or imposed on a
30 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
35 opinion necessary or expedient.
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Education (Self-Governing Schools) Act 1998
s. 5
Act No.
(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,
5 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;
10 (b) all debts, liabilities and obligations,
existing immediately before that day, of
a school council that was dissolved
become, by force of this section, debts,
liabilities and obligations of the newly
15 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
20 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
25 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
30 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
35 school council.
15ZC. Savings for Teaching Service staff
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Education (Self-Governing Schools) Act 1998
s. 5
Act No.
(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
5 Teaching Service Act 1981--
(a) the person continues to be entitled to
long service leave on terms and
conditions no less favourable to the
person than those to which he or she
10 was entitled under section 37 of that
Act for so long as he or she is
employed by such a school council; and
(b) the person is entitled to be employed by
such a school council with the same
15 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
20 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
25 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
30 powers under this Division was a contributor
to or member of a superannuation fund or
arrangement established by the State
Superannuation Act 1988 continues,
subject to that Act, to be a contributor to or
35 member of that fund or arrangement for so
long as he or she is employed by such a
school council.
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Education (Self-Governing Schools) Act 1998
s. 6
7
Act No.
(3) The terms and conditions of a
superannuation fund or arrangement to
which a person continues to contribute or of
which he or she continues to be a member by
5 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
Division as if there had been no change of
employer.
10 (4) If a person was a member of the teaching
service immediately before being employed
by a school council exercising powers under
this Division and, immediately after the
period of that employment by the school
15 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
20 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
25 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
30 insert--
"(8) Nothing in this section applies to real or
personal property acquired by a school
council exercising powers under Division
3B.".
35 7. New section 86 inserted
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Education (Self-Governing Schools) Act 1998
Act No.
After section 85 of the Education Act 1958
insert--
"86. Saving of existing school councils
A school council that was constituted as a
5 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
10 commencement.".
8. Delegation of powers under the Teaching Service Act
1981
In section 77(1) of the Teaching Service Act
1981 after "this Act" (where first occurring) insert
15 "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.
NOTES
By Authority. Government Printer for the State of Victoria.
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Education (Self-Governing Schools) Act 1998
Act No.
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