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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Parents and Citizens Associations
Incorporation Amendment Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Parents and Citizens Associations Incorporation Act 1976
as follows:
(a) to continue in existence the Federation of Parents and Citizens Associations of New South
Wales (the federation),
(b) to provide for matters relating to the incorporation of the federation under the Act and the
procedures of its board of management and executive committee,
(c) to provide for matters relating to the election of councillors and delegates to the federation,
(d) to provide for the appointment of an administrator of the federation to exercise all of the
functions of the federation during the period leading up to the election of the first
councillors and delegates of the federation.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
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Parents and Citizens Associations Incorporation Amendment Bill 2014 [NSW]
Explanatory note
Schedule 1 Amendment of Parents and Citizens Associations
Incorporation Act 1976 No 50
Preliminary
Schedule 1 amends Part 1 of the Act (dealing with preliminary matters) by including an objects
provision for the Act and a provision defining certain words and expressions used in the Act.
The Federation of Parents and Citizens Associations of New South Wales
Schedule 1 replaces Part 2 of the Act (dealing with the incorporation of the Federation of Parents
and Citizens Associations of New South Wales) with provisions providing for the following
matters:
(a) continuing in existence the Federation of Parents and Citizens Associations of New South
Wales,
(b) the status, functions, powers and membership of the federation,
(c) the declaration and amendment of a new constitution for the federation,
(d) the establishment, functions and membership of a board of management and an executive
committee of the federation,
(e) the holding of an annual general meeting of the federation, and eligibility of persons to
attend and vote on matters at the annual general meeting,
(f) the execution of documents by, and the service of documents on, the federation,
(g) other minor matters relating to the federation.
Parents and citizens associations
Schedule 1 amends Part 3 of the Act (dealing with the incorporation of parents and citizens
associations) by:
(a) providing that parents and citizens associations incorporated under the Act must have
public liability insurance for a cover of at least $20,000,000 instead of $2,000,000, and
(b) making other minor or consequential amendments to the Part.
Election of councillors and delegates
Schedule 1 inserts new Part 3A of the Act (dealing with the election of councillors and delegates
of the federation) to provide for the following matters:
(a) the conduct and holding of elections for councillors and delegates of the federation,
(b) requirements relating to the number and designation of electorates for electing councillors
and delegates,
(c) the election of one councillor and two delegates for each electorate,
(d) the eligibility requirements for a person to be elected as a councillor or delegate and the
eligibility requirements for a person to vote at an election,
(e) the role and terms of office of a councillor or delegate,
(f) the appointment of a councillor or delegate for an electorate if no-one is elected as a
councillor or delegate for the electorate,
(g) the payment of the cost of an election by the federation.
General matters
Schedule 1 amends Part 4 of the Act (dealing with miscellaneous matters) by:
(a) providing for the Minister to be able to delegate the exercise of any function of the Minister
under the Act to the Secretary of the department or a Public Service senior executive of the
department, and
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Parents and Citizens Associations Incorporation Amendment Bill 2014 [NSW]
Explanatory note
(b) making it clear that the Act (which includes the regulations made under the Act) prevails to
the extent of any inconsistency with the constitution of the federation.
Board of management and executive committee of the federation
Schedule 1 inserts new Schedule 1 to the Act to provide for matters relating to the membership
and procedures of the board of management and the executive committee of the federation.
Savings, transitional and other provisions
Schedule 1 inserts new Schedule 2 to the Act to provide for the following matters:
(a) a regulation-making power to make regulations of a savings or transitional nature
consequent on the enactment of this Bill and any other Act that amends the Act,
(b) the appointment of an administrator to exercise all of the functions of the federation, and its
board of management and executive committee, during the period leading up to the election
of the first councillors and delegates of the federation,
(c) the legal status and functions of the administrator,
(d) the terms and conditions of the administrator's appointment,
(e) the reporting obligations of the administrator,
(f) other minor matters relating to the administrator and the exercise of the administrator's
functions,
(g) the application of the Act during the period in which the administrator is exercising the
functions of the federation and its board of management or executive committee,
(h) the dissolution of current governing bodies of the Federation of Parents and Citizens
Associations of New South Wales and the removal from office of all office holders in those
governing bodies,
(i) the continuation in employment of current employees of the Federation of Parents and
Citizens Associations of New South Wales,
(j) other minor or consequential transitional provisions relating to the proposed amendments
under this Bill.
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First print
New South Wales
Parents and Citizens Associations
Incorporation Amendment Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Parents and Citizens Associations Incorporation
Act 1976 No 50 3
b2014-030-21.d10
New South Wales
Parents and Citizens Associations
Incorporation Amendment Bill 2014
No , 2014
A Bill for
An Act to amend the Parents and Citizens Associations Incorporation Act 1976 to provide for
matters relating to the Federation of Parents and Citizens Associations of New South Wales.
Parents and Citizens Associations Incorporation Amendment Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Parents and Citizens Associations Incorporation Amendment 3
Act 2014. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
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Parents and Citizens Associations Incorporation Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
Schedule 1 Amendment of Parents and Citizens Associations 1
Incorporation Act 1976 No 50 2
[1] Sections 2 and 3, and Part 2 3
Omit Part 2. Insert instead: 4
2 Object of Act 5
The object of this Act is to provide for matters relating to: 6
(a) the Federation of Parents and Citizens Associations of New South 7
Wales (the federation) continued in existence under section 4, and 8
(b) the incorporation of parents and citizens associations, and 9
(c) the election of councillors and delegates of the federation. 10
3 Definitions 11
(1) In this Act: 12
administrator--see clause 2 of Schedule 2. 13
annual general meeting means the annual general meeting of the federation 14
held under section 12E. 15
board means the board of management of the federation. 16
constitution means the document, as amended from time to time in accordance 17
with this Act, declared to be the constitution of the federation under section 9. 18
councillor means a person holding office as a councillor elected under 19
Part 3A. 20
delegate means a person holding office as a delegate elected under Part 3A. 21
Department means the Department of Education and Communities. 22
executive committee means the executive committee of the federation. 23
federation--see section 2 (a). 24
function includes a power, authority or duty, and exercise a function includes 25
perform a duty. 26
government school means a government school established under the 27
Education Act 1990. 28
parent of a student includes a guardian or other person having the custody or 29
care of the student. 30
parents and citizens association means a parents and citizens association 31
constituted under the Education Act 1990. 32
president means the president of the executive committee. 33
secretary means the secretary of the executive committee. 34
transition period means the period starting on the day the administrator is 35
appointed by the Minister under Schedule 2 and ending on the day that is 36
3 years after that day. 37
(2) Notes included in this Act do not form part of this Act. 38
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Parents and Citizens Associations Incorporation Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
Part 2 Federation of Parents and Citizens Associations of 1
New South Wales 2
Division 1 The federation and its members 3
4 Continuation of Federation of Parents and Citizens Associations of New South 4
Wales 5
(1) Without limiting section 53 of the Interpretation Act 1987, the former 6
corporation is continued in existence as a corporation under the corporate 7
name of Federation of Parents and Citizens Associations of New South Wales. 8
(2) In this section: 9
former corporation means the Federation of Parents and Citizens 10
Associations of New South Wales constituted under this Act as in force before 11
the commencement of the Parents and Citizens Associations Incorporation 12
Amendment Act 2014. 13
5 Status of federation 14
The federation is not a NSW Government agency. 15
6 Federation's functions 16
The federation's functions are as follows: 17
(a) to promote public education and facilitate community involvement in 18
public education, 19
(b) to promote the interests of students, and parents of students, enrolled at 20
government schools, 21
(c) to co-operate with the Department, and community organisations 22
having an interest in public education, in relation to matters involving 23
public education, 24
(d) to assist parents and citizens associations in carrying out their functions 25
or activities, 26
(e) other functions specified in the constitution. 27
7 Federation's powers 28
(1) The federation may exercise its powers subject to any express restriction on, 29
or a prohibition of, the exercise of the powers under this Act or the 30
constitution. 31
(2) The federation cannot direct a parents and citizens association in relation to the 32
exercise of any of the association's functions or activities. 33
8 Membership 34
The members of the federation are: 35
(a) the parents and citizens associations that have been admitted as 36
members of the federation in accordance with this Act and the 37
constitution, and 38
(b) the persons or entities admitted as members of the federation in 39
accordance with the constitution. 40
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Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
Division 2 The constitution of the federation 1
9 Federation's constitution 2
(1) The Minister may, by notice published in the Gazette, declare a document 3
prepared by or on behalf of the Minister to be the constitution of the federation. 4
(2) The document declared under subsection (1), as amended from time to time in 5
accordance with this Act, is the constitution of the federation. 6
(3) The constitution may provide for the following matters: 7
(a) the admission of members of the federation, 8
(b) the procedures for conducting meetings and other business of the board 9
or executive committee, 10
(c) the procedures for electing councillors to the executive committee, 11
(d) the terms and conditions of holding office as a member of the board or 12
executive committee, 13
(e) the procedures for the conduct of elections of councillors and delegates. 14
(4) The constitution may contain an express restriction on, or a prohibition of, the 15
federation's exercise of any of its powers, but the exercise of a power by the 16
federation is not invalid merely because it is contrary to the restriction or 17
prohibition. 18
(5) This section does not limit the matters for which the constitution may provide. 19
10 Amendment of constitution 20
(1) The board may, by resolution passed at a special meeting of the board, amend 21
the constitution. 22
(2) An amendment made by the board has no force or effect unless the resolution 23
is supported by at least three-quarters of the members of the board. 24
(3) In this section: 25
school day means any day other than a Saturday, a Sunday or a day that is a 26
holiday for government schools. 27
special meeting of the board means a meeting of the board that is held on a 28
school day and in relation to which a notice of the meeting: 29
(a) includes the terms of the proposed resolution to amend the constitution, 30
and 31
(b) is sent to each member of the board: 32
(i) at least 20 school days before the meeting is held, and 33
(ii) by post or email to the postal address or email address last given 34
to the board by the member. 35
Note. The board cannot amend the constitution under this section until after the end of 36
the transition period. During the transition period, the Minister may amend the 37
constitution. See clause 16 of Schedule 2. 38
Division 3 Board of management 39
11 The board and its members 40
(1) There is a board of management of the federation. 41
(2) The board consists of the councillors. 42
(3) Part 1 of Schedule 1 contains provisions about the procedures of the board. 43
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Parents and Citizens Associations Incorporation Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
12 Functions of board 1
The board's functions are as follows: 2
(a) to advise the Department and other entities about the federation's views 3
on matters relating to public education, 4
(b) to liaise with national organisations on matters relating to public 5
education, 6
(c) to implement decisions of the federation made at the annual general 7
meeting, 8
(d) to determine policies of the federation, not inconsistent with decisions 9
of the federation made at an annual general meeting, in relation to 10
matters involving public education, 11
(e) to implement policies determined under paragraph (d). 12
Division 4 Executive committee 13
12A The executive committee and its members 14
(1) There is an executive committee of the federation. 15
(2) The executive committee consists of not more than 7 members who are 16
councillors elected by the board in accordance with this Act and the 17
constitution. 18
(3) The board must appoint 1 of its members as the president, and 1 of its members 19
as the secretary, of the executive committee. 20
(4) The other members of the executive committee hold the offices, if any, 21
provided for under the constitution. 22
(5) Part 2 of Schedule 1 contains provisions about the membership and procedures 23
of the executive committee. 24
12B Role of executive committee 25
(1) The executive committee is responsible for the day to day management of the 26
federation. 27
(2) Without limiting subsection (1), the executive committee has the 28
responsibilities specified in the constitution. 29
12C Election of members 30
The board is to elect the members of the executive committee as soon as 31
practicable after the end of each election conducted under Part 3A. 32
12D Duration of membership 33
(1) A member of the executive committee holds office until the day the 34
councillors and delegates are next elected under Part 3A, unless the office of 35
the member sooner becomes vacant. 36
(2) A councillor may be elected as a member of the executive committee more 37
than once. 38
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Parents and Citizens Associations Incorporation Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
Division 5 Annual general meeting of federation 1
12E Annual general meeting 2
(1) The federation is to hold an annual general meeting at the place and time 3
determined by the executive committee. 4
(2) The purpose of the annual general meeting is to determine the federation's 5
policies and decide matters relating to the implementation of the federation's 6
policies and other activities conducted by the federation. 7
(3) The procedure for the calling of the annual general meeting and for the 8
conduct of business at the meeting is, subject to this Act and the constitution, 9
to be as determined by the executive committee. 10
12F Attendance and voting at annual general meeting 11
(1) The following persons are eligible to attend the annual general meeting: 12
(a) the councillors, 13
(b) the delegates, 14
(c) other persons determined by the board or permitted to attend the 15
meeting under the constitution. 16
(2) Only the councillors and delegates are entitled to vote on a motion at the 17
annual general meeting. 18
(3) The president (or, in the absence of the president, a councillor or delegate 19
elected to chair the meeting by the other councillors and delegates present) is 20
to preside at the annual general meeting. 21
(4) The person presiding has a deliberative vote and, in the event of an equality of 22
votes, has a second or casting vote. 23
(5) The quorum for an annual general meeting is a majority of councillors and 24
delegates for the time being. 25
(6) A decision supported by a majority of the votes cast at an annual general 26
meeting at which a quorum is present is a decision of the federation. 27
Division 6 Miscellaneous 28
12G Execution of documents 29
(1) The federation may execute a document without using its seal if the document 30
is signed by the president and secretary. 31
(2) The federation may execute a document with its seal if the seal is fixed to the 32
document and the fixing of the seal is witnessed by at least 2 members of the 33
executive committee. 34
(3) The federation may execute a document as a deed if the document is expressed 35
to be executed as a deed and is executed in accordance with subsection (1) 36
or (2). 37
(4) This section does not limit the ways in which the federation may execute a 38
document, including a deed. 39
(5) This section does not authorise the federation to execute a document contrary 40
to its constitution. 41
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Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
12H Service of documents 1
(1) A document addressed to the federation may be served on the federation: 2
(a) by leaving it at, or sending it by post to, the address of the federation's 3
official office, or 4
(b) by delivering copies of it personally to the president or secretary, or to 5
each of 2 other members of the executive committee, or 6
(c) in another way provided for under the constitution. 7
(2) For the purposes of this section, the address of the federation's official office 8
includes the address last notified to the Secretary of the Department by the 9
federation under this Act. 10
(3) Nothing in this section affects the operation of any provision of a law or the 11
rules of court authorising a document to be served on the federation or a person 12
in any other way. 13
12I Personal liability 14
A matter or thing done or omitted to be done by the board or executive 15
committee, a member of the board or executive committee or a person acting 16
under the direction of the board or executive committee does not, if the matter 17
or thing was done or omitted to be done in good faith for the purpose of 18
executing this or any other Act, subject a member or a person so acting 19
personally to any action, liability, claim or demand. 20
12J Change of address 21
The secretary must, within 14 days after the federation changes the address of 22
its official office, give the Secretary of the Department notice of the new 23
address. 24
12K Publication of constitution 25
The president must ensure a copy of the constitution is available on the 26
federation's website. 27
[2] Section 13 Incorporation of parents and citizens associations 28
Omit "constituted under the Education Reform Act 1990" from section 13 (1). 29
[3] Section 15 Rules of incorporated associations 30
Omit "Education Reform Act 1990" from section 15 (1). 31
Insert instead "Education Act 1990". 32
[4] Section 17 Incorporated associations to be members of federation 33
Omit "Federation of Parents and Citizens Associations of New South Wales constituted 34
under this Act". 35
Insert instead "federation". 36
[5] Sections 19 and 21 37
Omit "Federation of Parents and Citizens Associations of New South Wales constituted 38
under this Act" wherever occurring in sections 19 (1) and 21 (1) (b). 39
Insert instead "federation". 40
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Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
[6] Section 19 Public liability insurance 1
Omit "$2,000,000" from the definition of approved public liability insurance in 2
section 19 (2). 3
Insert instead "$20,000,000". 4
[7] Part 3A 5
Insert after section 23: 6
Part 3A Election of councillors and delegates 7
Division 1 Preliminary 8
23A Purpose of Part 9
The purpose of this Part is to provide for matters relating to the election of 10
councillors and delegates. 11
Note. Councillors are members of the board and may attend and vote at the annual 12
general meeting of the federation. Delegates may attend and vote at the annual general 13
meeting. 14
23B Definitions 15
In this Part: 16
election means an election of councillors and delegates under this Part. 17
electoral commissioner means the electoral commissioner for New South 18
Wales appointed under the Parliamentary Electorates and Elections Act 1912. 19
electorate--see section 23C (1). 20
school means a government school. 21
23C Meaning of "electorate" 22
(1) An electorate consists of: 23
(a) except as provided by paragraph (b), all the schools comprising a group 24
of schools as shown on the document called Federation Electoral Areas 25
published by the Department, or 26
(b) all the schools specified in the constitution as comprising an electorate 27
for the purposes of this Act. 28
(2) The constitution cannot specify schools as comprising an electorate for the 29
purposes of this Act until after the end of the transition period. 30
(3) While the electorates comprise a group of schools as shown on the document 31
referred to in subsection (1) (a), the Secretary of the Department must ensure 32
a copy of the document is available on the Department's website. 33
(4) If the constitution specifies the schools that comprise an electorate, the 34
president must ensure that the details of the electorates are available on the 35
federation's website. 36
Division 2 Elections 37
23D Conduct of elections--general 38
(1) Each election is to be administered by: 39
(a) the person prescribed by the regulations, or 40
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Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
(b) if a person is not prescribed under paragraph (a)--the electoral 1
commissioner. 2
(2) The person administering an election is the returning officer at the election. 3
(3) If the electoral commissioner is the returning officer at an election, the 4
electoral commissioner may delegate to any staff of the office of the New 5
South Wales Electoral Commission any of the commissioner's functions as 6
returning officer, other than this power of delegation. 7
(4) Subject to this Act, an election is to be conducted in accordance with the 8
procedures under the constitution. 9
23E Requirements relating to electorates and representation 10
(1) There are 16 electorates for the purpose of an election. 11
(2) Each school must be in an electorate and cannot be in more than 1 electorate. 12
(3) One councillor and 2 delegates are to be elected for each electorate. 13
23F When election to be held 14
An election is to be held: 15
(a) within the period prescribed by the regulations, or 16
(b) if a period is not prescribed under paragraph (a)--at least every 2 years. 17
23G Eligibility of councillors and delegates 18
(1) A person is eligible to be elected as a councillor or delegate for an electorate 19
only if the person is: 20
(a) a parent of a student enrolled at a school in the electorate, and 21
(b) a member of a parents and citizens association of a school in the 22
electorate. 23
(2) A person's term of office as a councillor or delegate does not end merely 24
because the councillor or delegate is no longer a person referred to in 25
subsection (1). 26
23H Voting for councillors and delegates 27
(1) Each parents and citizens association of a school in an electorate may vote in 28
an election for the councillor and delegates for the electorate. 29
(2) Each parents and citizens association of a school in an electorate may cast 30
1 vote for each councillor and 1 vote for each delegate for the electorate. 31
(3) To determine the vote of the parents and citizens association of a school under 32
this section, an individual is eligible to vote only if the individual is: 33
(a) a parent of a student enrolled at the school, and 34
(b) a member of the parents and citizens association. 35
(4) The procedures for the conduct of a vote of the parents and citizens association 36
are the procedures decided by the association. 37
23I Role of councillor and delegate 38
(1) A councillor represents the councillor's electorate on the board and at the 39
annual general meeting of the federation. 40
(2) Each delegate represents the delegate's electorate at the annual general 41
meeting of the federation. 42
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Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
23J Term of office of councillor and delegate 1
(1) A councillor or delegate holds office from the day the councillor or delegate is 2
elected under this Part until the day the councillors and delegates are next 3
elected under this Part, unless the councillor's or delegate's office sooner 4
becomes vacant. 5
(2) A person may be elected as a councillor or delegate more than once. 6
23K Vacancy in office of councillor or delegate 7
The office of a councillor or delegate becomes vacant if the councillor or 8
delegate: 9
(a) dies, or 10
(b) completes a term of office and is not re-elected, or 11
(c) resigns the office by instrument in writing addressed to the board, or 12
(d) becomes a mentally incapacitated person, or 13
(e) was not eligible to be elected under this Part as a councillor or delegate 14
and the board gives the councillor or delegate written notice that the 15
office is vacated because he or she was not eligible to be elected. 16
23L Filling vacancy in office of councillor or delegate 17
(1) If the office of a councillor or delegate becomes vacant (otherwise than by the 18
expiration of a term of office), a person is, subject to this Act, to be appointed 19
to fill the vacancy in accordance with the procedures under the constitution. 20
(2) A councillor or delegate appointed under subsection (1): 21
(a) must be a person who is eligible under this Part to be elected as a 22
councillor or delegate for the electorate in which the vacancy has 23
occurred, and 24
(b) holds office as a councillor or delegate during the unexpired term of the 25
vacated office. 26
23M Appointment of councillor or delegate 27
(1) This section applies if, at an election, a person is not elected as the councillor 28
or a delegate for an electorate. 29
(2) A person who is eligible to be elected as the councillor or a delegate for the 30
electorate may be appointed as the councillor or a delegate in accordance with 31
the constitution. 32
(3) A person who is appointed as the councillor or a delegate under this section is 33
taken to have been elected as the councillor or delegate under this Part on the 34
day the person is appointed. 35
Division 3 Miscellaneous 36
23N Cost of election 37
The cost of conducting an election is payable by the federation. 38
23O Regulations 39
(1) The regulations may make provision for or with respect to the conduct of an 40
election. 41
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Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
(2) Without limiting subsection (1), the regulations may provide for requirements 1
of the electoral commissioner relating to the conduct of an election. 2
[8] Sections 23P and 23Q 3
Insert in Part 4 before section 24: 4
23P Delegation 5
The Minister may delegate the exercise of any function of the Minister under 6
this Act (other than this power of delegation) to: 7
(a) the Secretary of the Department, or 8
(b) another employee of the Department who is a Public Service senior 9
executive within the meaning of the Government Sector Employment 10
Act 2013. 11
23Q Act prevails over constitution 12
This Act prevails to the extent of any inconsistency between this Act and the 13
constitution. 14
[9] Schedules 1 and 2 15
Insert after section 24: 16
Schedule 1 Provisions relating to board and executive 17
committee 18
(Sections 11 (3) and 12A (5)) 19
Part 1 The board 20
1 General procedure 21
(1) The procedure for the calling of meetings of the board and for the conduct of 22
business at those meetings is, subject to this Act and the constitution, to be as 23
determined by the board. 24
(2) The board must hold a meeting of the board at least once every 2 months. 25
2 Quorum 26
The quorum for a meeting of the board is a majority of its members for the time 27
being. 28
3 Presiding member 29
(1) The president (or, in the absence of the president, a person elected by the 30
members of the board who are present at a meeting of the board) is to preside 31
at a meeting of the board. 32
(2) The presiding member has a deliberative vote and, in the event of an equality 33
of votes, has a second or casting vote. 34
4 Voting 35
(1) A decision supported by a majority of the votes cast at a meeting of the board 36
at which a quorum is present is the decision of the federation, other than to the 37
extent the decision is inconsistent with this Act, the constitution or a decision 38
of the federation made at its annual general meeting. 39
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(2) Subclause (1) is subject to section 10. 1
5 Transaction of business outside meetings or by telephone 2
(1) The board may, if it thinks fit, transact any of its business by the circulation of 3
papers among all the members of the board for the time being, and a resolution 4
in writing approved in writing by a majority of those members is taken to be a 5
decision of the board. 6
(2) The board may, if it thinks fit, transact any of its business at a meeting at which 7
members (or some members) participate by telephone, closed-circuit 8
television or other means, but only if any member who speaks on a matter 9
before the meeting can be heard by the other members. 10
(3) For the purposes of: 11
(a) the approval of a resolution under subclause (1), or 12
(b) a meeting held in accordance with subclause (2), 13
the president and each member have the same voting rights as they have at an 14
ordinary meeting of the board. 15
(4) A resolution approved under subclause (1) is, subject to this Act, to be 16
recorded in the minutes of the meetings of the board. 17
(5) Papers may be circulated among the members for the purposes of 18
subclause (1) by facsimile, email or other transmission of the information in 19
the papers concerned. 20
(6) Subclause (1) is subject to section 10. 21
6 First meeting 22
The administrator may call the first meeting of the board in such manner as the 23
administrator thinks fit. 24
7 Allowances 25
A councillor is entitled to be paid allowances, in accordance with the 26
constitution, for the reimbursement of costs incurred by the councillor in his 27
or her capacity as a member of the board. 28
Part 2 The executive committee 29
8 Terms of office 30
(1) A member of the executive committee holds office on the terms not provided 31
for in this Act that are specified in the constitution. 32
(2) A member of the executive committee is entitled to be paid allowances, in 33
accordance with the constitution, for the reimbursement of costs incurred by 34
the member in his or her capacity as a member. 35
9 Vacancy in office of member 36
The office of a member of the executive committee becomes vacant if the 37
member: 38
(a) ceases to be a councillor, or 39
(b) completes a term of office and is not re-elected by the board, or 40
(c) resigns the office by instrument in writing addressed to the board, or 41
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Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
(d) is absent from 3 consecutive meetings of the executive committee of 1
which reasonable notice has been given to the member personally or by 2
post, except on leave granted by the board or unless the member is 3
excused by the board for having been absent from those meetings, or 4
(e) is removed from office in accordance with the constitution. 5
10 President, secretary and other office holders 6
(1) The president, secretary or other office holder of the executive committee 7
vacates the person's office if he or she: 8
(a) is removed from office by the board, or 9
(b) resigns the office by instrument in writing addressed to the board, or 10
(c) ceases to be a member of the executive committee. 11
(2) The board may remove the president, secretary or other office holder from 12
office at a meeting of the board if written notice of the resolution to remove 13
the office holder from office has been given to each member of the board at 14
least 1 month before the meeting is held. 15
11 Filling of vacancy in office of member 16
If the office of a member of the executive committee becomes vacant 17
(otherwise than by the expiration of the term of office), the board is to appoint 18
a councillor to fill the vacancy. 19
12 General procedure 20
The procedure for the calling of meetings of the executive committee and for 21
the conduct of business at those meetings is, subject to this Act and the 22
constitution, to be as determined by the committee. 23
13 Quorum 24
The quorum for a meeting of the executive committee is a majority of its 25
members for the time being. 26
14 Presiding member 27
(1) The president (or, in the absence of the president, a person elected by the 28
members of the executive committee who are present at a meeting of the 29
committee) is to preside at a meeting of the committee. 30
(2) The presiding member has a deliberative vote and, in the event of an equality 31
of votes, has a second or casting vote. 32
15 Voting 33
A decision supported by a majority of the votes cast at a meeting of the 34
executive committee at which a quorum is present is the decision of the 35
federation, other than to the extent the decision is inconsistent with this Act, 36
the constitution or a decision of the federation made at its annual general 37
meeting. 38
16 Transaction of business outside meetings or by telephone 39
(1) The executive committee may, if it thinks fit, transact any of its business by 40
the circulation of papers among all the members of the committee for the time 41
being, and a resolution in writing approved in writing by a majority of those 42
members is taken to be a decision of the committee. 43
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Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
(2) The executive committee may, if it thinks fit, transact any of its business at a 1
meeting at which members (or some members) participate by telephone, 2
closed-circuit television or other means, but only if any member who speaks 3
on a matter before the meeting can be heard by the other members. 4
(3) For the purposes of: 5
(a) the approval of a resolution under subclause (1), or 6
(b) a meeting held in accordance with subclause (2), 7
the president and each member have the same voting rights as they have at an 8
ordinary meeting of the executive committee. 9
(4) A resolution approved under subclause (1) is, subject to this Act, to be 10
recorded in the minutes of the meetings of the executive committee. 11
(5) Papers may be circulated among the members for the purposes of 12
subclause (1) by facsimile, email or other transmission of the information in 13
the papers concerned. 14
Schedule 2 Savings, transitional and other provisions 15
Part 1 General 16
1 Regulations 17
(1) The regulations may contain provisions of a savings or transitional nature 18
consequent on the enactment of the Parents and Citizens Associations 19
Incorporation Amendment Act 2014 or any other Act that amends this Act. 20
(2) Any such provision may, if the regulations so provide, take effect from the 21
date of commencement of the Act concerned. 22
(3) To the extent to which any such provision takes effect from a date that is 23
earlier than the date of its publication on the NSW legislation website, the 24
provision does not operate so as: 25
(a) to affect, in a manner prejudicial to any person (other than the State or 26
an authority of the State), the rights of that person existing before the 27
date of its publication, or 28
(b) to impose liabilities on any person (other than the State or an authority 29
of the State) in respect of anything done or omitted to be done before the 30
date of its publication. 31
Part 2 Provisions consequent on enactment of the 32
Parents and Citizens Associations Incorporation 33
Amendment Act 2014 34
Division 1 Preliminary 35
2 Definitions 36
In this Part: 37
administration day means the day the administrator of the federation is 38
appointed by the Minister. 39
administration period--see clause 3 (2). 40
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Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
administrator means the person appointed as the administrator of the 1
federation under this Part. 2
former corporation--see section 4 (2). 3
Division 2 Administrator 4
3 Appointment of administrator 5
(1) The Minister may, by notice published in the Gazette, appoint a person as the 6
administrator of the federation. 7
(2) Subject to this Act, the administrator holds office for the period (the 8
administration period) provided for in the administrator's instrument of 9
appointment. 10
(3) The period referred to in subclause (2) must not be more than 12 months. 11
4 Legal status and functions of administrator 12
(1) The administrator is taken to be the federation for all purposes under this Act 13
during the administration period. 14
(2) The administrator has and may exercise all the functions of the federation, the 15
board and the executive committee. 16
(3) Also, the administrator has the following functions: 17
(a) to assist in conducting the first election of councillors and delegates, 18
(b) to assist the first councillors to elect office holders of the executive 19
committee, 20
(c) the functions specified in the administrator's instrument of 21
appointment, 22
(d) the functions the Minister, by written notice given to the administrator, 23
confers on the administrator for the purpose of exercising or carrying 24
out his or her other functions and responsibilities. 25
(4) Without limiting this clause, the administrator acting alone may execute a 26
document, or execute a document as a deed, of the federation during the 27
administration period. 28
(5) Subclauses (2)-(4) apply subject to the terms and conditions on which the 29
administrator holds office and any direction given to the administrator under 30
clause 6. 31
5 Terms and conditions of appointment 32
(1) The administrator may be paid the remuneration and allowances decided by 33
the Minister. 34
(2) The administrator holds office on the terms and conditions, not provided by 35
this Act, that are decided by the Minister. 36
6 Directions of Minister 37
(1) The Minister may give the administrator a written direction about the exercise 38
of the administrator's functions or the carrying out of the administrator's 39
responsibilities. 40
(2) The administrator must comply with a direction given under subclause (1). 41
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Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
7 Obligation to give documents to administrator 1
(1) The administrator may, by notice in writing given to a person who goes out of 2
office under clause 14, require the person to give the administrator any 3
document in the person's possession or control that relates to the operation or 4
business of the federation. 5
(2) The notice must specify: 6
(a) the reasonable time and the reasonable way in which the document is to 7
be given, and 8
(b) the document or type of document required to be given. 9
(3) A person must not, without reasonable excuse, fail to comply with a 10
requirement made of the person under this clause. 11
Maximum penalty: 10 penalty units. 12
8 Administrator not bound by constitution 13
The administrator is not bound by the constitution in the exercise of the 14
administrator's functions or the carrying out of the administrator's 15
responsibilities. 16
9 Administrator to give report to Minister 17
The administrator must, if asked by the Minister, give the Minister a written 18
report about the exercise of the administrator's functions or the carrying out of 19
the administrator's responsibilities. 20
10 Personal liability 21
A matter or thing done or omitted to be done by the administrator or a person 22
acting under the direction of the administrator does not, if the matter or thing 23
was done or omitted to be done in good faith for the purpose of executing this 24
or any other Act, subject the administrator or a person so acting personally to 25
any action, liability, claim or demand. 26
11 Application of Act during administration period 27
This Act applies with any necessary changes for the purpose of the exercise of 28
the functions of the federation, the board or the executive committee by the 29
administrator during the administration period. 30
12 Regulations 31
The regulations may make provision for or with respect to the administrator 32
and the exercise of the administrator's functions or the carrying out of the 33
administrator's responsibilities. 34
Division 3 Other provisions 35
13 Continuation of federation membership 36
A parents and citizens association, person or other entity that, immediately 37
before the administration day, was a member of the former corporation 38
continues to be a member of the federation. 39
14 Governing body and office holders of former corporation 40
(1) On the administration day: 41
(a) any governing body (whatever called), committee or sub-committee of 42
the former corporation is dissolved, and 43
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Schedule 1 Amendment of Parents and Citizens Associations Incorporation Act 1976 No 50
(b) any person who, immediately before the administration day, was the 1
holder of an office or purported to be the holder of an office (whatever 2
called) in a governing body, committee or sub-committee referred to in 3
paragraph (a) goes out of office. 4
(2) No compensation is payable to a person because of subclause (1). 5
15 Ending of former constitution 6
When the constitution of the federation is declared under section 9, the 7
document that, immediately before the declaration, was the constitution of the 8
federation ceases to have any force or effect in relation to the federation. 9
16 Amendment of constitution during transition period 10
(1) The Minister may amend the constitution during the transition period by 11
publishing notice of the amendment in the Gazette. 12
(2) The Minister must give notice of the amendment to the board as soon as 13
practicable after it is published. 14
(3) Despite section 10, the board cannot amend the constitution under that section 15
until after the end of the transition period. 16
17 First annual general meeting 17
Section 12E (1) does not apply in relation to the federation until the day after 18
the end of the administration period. 19
18 Public liability insurance 20
Section 19 as amended by the Parents and Citizens Associations 21
Incorporation Amendment Act 2014 does not apply in relation to a parents and 22
citizens association until the day that is 2 years after the commencement of that 23
section. 24
19 Continuation of employment 25
(1) This clause applies to a person who, immediately before the administration 26
day, was an employee of the former corporation. 27
(2) On and from the administration day, the person is taken to be employed by the 28
federation on the same terms and conditions on which the person was 29
employed by the former corporation. 30
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