SCHEDULE 5 - Matters to be included in School Association constitution

Regulation 10

1.    School association year

The period of the school association year, which is to be each period of 12 months ending on either –

(a) 31 March; or

(b) such other date as is determined by the Minister.

2.    School association membership

(1) The categories of membership of the school association which –

(a) must include –

(i) parent members (being persons recorded on the relevant school's register as a parent or guardian of a student enrolled at the school); and

(ii) staff members (being State Service employees who are employed at the relevant school); and

(iii) the principal; and

(b) may include community members (being persons not referred to in paragraph (a)).

(2) A requirement that school association members be 18 or more years of age.

(3) Provision for a person to elect not to be a parent member or a staff member of the school association.

(4) If the constitution, or proposed constitution, includes community members –

(a) the process for a person to become a community member including –

(i) nomination by two members of the school association; and

(ii) that the committee be satisfied of genuine reasons for membership before voting to approve membership; and

(b) the term of membership for community members; and

(c) the process for community members ceasing to be members.

(5) A requirement that members of the school association be indemnified, out of the property of the association, against any liability for legal costs properly and reasonably incurred by that person as a member of that school association in defending any proceedings –

(a) in which judgment is given in favour of that person; or

(b) in which that person is acquitted; or

(c) in connection with any application in relation to any such proceedings, in which relief is granted to that person.

(6) A prohibition on the school association charging membership fees.

3.    School association general meetings

(1) A requirement for the school association to hold an annual general meeting, as close as practicable to the end of each school association year, at which –

(a) the minutes of the preceding annual general meeting and any preceding special general meeting are confirmed; and

(b) the association's annual report, the annual school report, and the annual financial statements of the association are received and ratified; and

(c) if possible, the results of the school association election are announced.

(2) Requirements for general meetings of the school association including requirements as to –

(a) member requests for a special general meeting; and

(b) the conduct of general meetings; and

(c) the giving of at least 14 days' notice of a general meeting and the method for the giving of such notice; and

(d) the appointment of a chairperson; and

(e) voting at general meetings.

(3) Provision that the quorum for school association general meetings is the number of members of the school association equivalent to the number of elected members of the school association committee (for the time being) plus one.

4.    School association committee

(1) The establishment of a committee –

(a) to manage and conduct the affairs of the school association in accordance with all relevant laws and any relevant Secretary’s instructions; and

(b) to perform and exercise all of the functions and powers of the school association, not performed and exercised by the members of the school association.

(2) Requirements as to the membership of the committee including –

(a) in the case of a school with 50 or more students, requirements that the committee –

(i) have no fewer than 5 members and no more than 15 members; and

(ii) comprise the following:

(A) the principal;

(B) at least one and not more than three staff members;

(C) at least three parent members;

(D) not more than 3 community members (if the school association has, or will have, community members); or

(b) in the case of a school with fewer than 50 students, a size and composition which is approved by the Minister.

(3) The process for the election of members of the committee before the expiry of each school association year, including –

(a) the appointment of a returning officer; and

(b) the nomination process; and

(c) the election of –

(i) staff members by a ballot of school association staff members; and

(ii) parent members by a ballot of school association parent members; and

(iii) community members (if the school association has, or is to have, community members) by a process approved –

(A) by the committee; or

(B) if there is no committee, by the principal.

(4) Provision that a parent member of the school association who is also a staff member of that association can only be elected to the committee as a staff member.

(5) In the event that the school association does not hold elections for the committee in accordance with the constitution, provision for the Secretary to provide direction to the school association as to the conduct of further elections and as to the terms of members of the committee.

5.    Term of office of members of committee

(1) Requirements that –

(a) the term of office for a committee member (apart from the principal) be two years; and

(b) at the end of each school association year, not less than one-half, respectively, of the parent members, staff members and community members (if any) of the committee must retire.

(2) The circumstances in which the office of a member of the committee becomes vacant including death, resignation, failure to attend committee meetings, removal by resolution at an annual general meeting of the school association, removal by the Secretary if not a fit and proper person, and ceasing to be a parent of a child at the school or a staff member at the school.

(3) The process to fill casual vacancies on the committee.

6.    School association officeholders

(1) Requirements for the committee to elect from within its members –

(a) a chairperson for the school association who must be a parent member or a community member (if the committee has community members) but must not be an employee of the Department; and

(b) a deputy chairperson for the school association; and

(c) a secretary for the school association; and

(d) a treasurer for the school association.

(2) A description of the role of –

(a) the secretary, which is to include maintaining –

(i) the minutes and other records of the general meetings of the association (including notices of meetings); and

(ii) the records of the meetings of members of the Committee; and

(iii) circular resolutions.

(b) the treasurer, which is to include maintaining proper books of account and financial records in relation to the affairs of the association.

7.    Committee meetings

Requirements in relation to committee meetings including –

(a) a requirement for the holding of at least one meeting during each school term in the association year; and

(b) provision that a quorum for a meeting of the committee is the majority of its members; and

(c) a restriction that business must not be conducted at a meeting without a quorum; and

(d) processes for –

(i) voting; and

(ii) conflicts of interest; and

(iii) circulating resolutions; and

(iv) observers, including students of the school and members of the school association.

8.    Other provisions relating to the committee

(1) Power for the principal to appoint student representatives who may attend committee meetings, speak at committee meetings on matters that affect school students and receive copies of notices, papers and minutes of the committee.

(2) A restriction that student representatives are not to be members of the committee or to vote at any meeting.

(3) Provision for the committee to establish subcommittees to which the committee may delegate functions and powers.

(4) Requirements for subcommittees to appoint a secretary and to report to the committee as required by the committee.

(5) Restrictions on when fees or remuneration may be paid to committee members, including a requirement that any such payment be approved by an absolute majority of members of the committee.

(6) Requirements for the committee to make the following records in relation to the school association:

(a) financial records that  –

(i) correctly record and explain the association’s transactions and financial position; and

(ii) enable true and fair financial statements to be prepared and audited in respect of the association;

(b) records that correctly record the operations of the school association.

(7) Requirements for the committee to keep safe all records in relation to the school association and to make such records available for inspection by committee members, the Secretary or a person authorised by the Secretary.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 7 July 2017

These regulations are administered in the Department of Education.