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EDUCATION (GENERAL PROVISIONS) ACT 2006 - SECT 95
Amendment of school council’s constitution
95 Amendment of school council’s constitution
(1) A school council for a State school may prepare and adopt an amendment of
its constitution.
(2) In preparing a proposed amendment, the council must
have regard to the model constitution.
(3) An amendment has no effect
unless— (a) the amended constitution is consistent with the
model constitution; or
(b) the amendment is approved by the chief executive.
(4) The chief executive must not approve an amendment unless the chief
executive is satisfied— (a) notice of the proposed amendment was given, at
least 30 days before the council meeting that considered the amendment, to the
following— (i) the council members;
(ii) if there is an association formed
for the school—the association;
(iii) the school’s staff (including, for
example, by displaying the proposed amendment in a staff room);
(iv) the
school’s students (including, for example, by publishing the proposed
amendment in the school’s newsletter); and
(b) the amendment was adopted by
at least the number of members constituting a quorum for the council; and
(c)
the amended constitution is consistent with this Act and otherwise lawful.
(5) In deciding whether to approve an amendment, the chief executive must also
have regard to the following matters about the amended constitution— (a)
whether it provides for a membership that— (i) allows adequate
representation by parents, staff, students and other members of the school
community; and
(ii) takes into account the demographics of the school
community;
(b) whether it provides for the council to perform its functions
in an effective and fair way;
(c) whether its provisions are otherwise
adequate, clear and appropriate.
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