Australian Capital Territory Numbered Acts

EDUCATION ACT 2004 (NO. 17 OF 2004) - SECT 43

    (1)     This section applies to a school that is—

        (a)     a school-related institution; or

        (b)     declared, in writing, by the chief executive to be a school to which special circumstances apply.

    (2)     If the school is a school-related institution, the chief executive must, if practical, determine the constitution of the school board of the school.

Example

It may not be practical to establish a school board for a school-related institution with fewer than 3 staff.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     Subsection (2) does not prevent the chief executive from determining the constitution of a single school board for 2 or more institutions.

    (4)     If the chief executive makes a determination under subsection (2) for the school, the chief executive may also determine—

        (a)     the members who are required to be present at a meeting of the board; and

        (b)     the members who may not vote at a meeting of the board.

    (5)     If the school is a school to which special circumstances apply, the chief executive may determine the following:

        (a)     the constitution of the school board of the school;

        (b)     the members who are required to be present at a meeting of the board;

        (c)     the members who may not vote at a meeting of the board.

    (6)     The chief executive may make a determination under subsection (2), (4) or (5) only with the Minister's written approval.

    (7)     Before making the determination the chief executive must, if practical, consult with the parents of students at the school, at a general meeting of the parents, about the constitution of the board.

    (8)     In deciding whether or not to give the approval, the Minister must have regard to—

        (a)     the need for the principal of the school to be a member of the board; and

        (b)     the need for the chief executive to be represented on the board; and

        (c)     whether staff of the school and students at the school have been consulted about the constitution of the board; and

        (d)     any comments made by the staff and students at the school about the constitution of the board; and

        (e)     the administrative needs, educational or related objectives, and any special characteristics of the school.

    (9)     The chief executive may appoint a person in accordance with the determination to be a member of the board of the school.

Note 1     For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

Note 2     In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

    (10)     A member of the board is appointed for the term stated in the instrument making or evidencing the appointment.

    (11)     A determination under subsection (2), (4) or (5) must be in writing and is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.