Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.3.12

School council may carry out works

    (1)     A school council may, in regard to any school in relation to which it is constituted, with the approval of the Minister given either generally or in any particular case—

        (a)     construct, or carry out any improvements to any building structure on the school grounds, or carry out any improvements in or to the school grounds; or

        (b)     enter into a contract with any person for or in relation to the construction or carrying out by that person of any such building structure or improvements or of any other work which the council is authorised or required by or under this Act to carry out; or

S. 2.3.12(1)(c) amended by No. 29/2023 s. 12.

        (c)     construct or carry out any improvements to any building structure, or carry out any improvements, on, in or to the school grounds or any other land that the Minister has acquired an estate or interest in to provide kindergarten programs.

    (2)     Despite anything to the contrary in any Act, a school council may obtain and accept offers or tenders for any work approved by the Minister under this section that it proposes to carry out.

    (3)     If a school council is required by directions issued under Part 4 of the Project Development and Construction Management Act 1994 to publicly invite tenders for the work—

        (a)     the council must invite tenders as required by those directions by an advertisement published in a newspaper circulating generally in Victoria and in at least one newspaper circulating in the neighbourhood of the school where the proposed work is to be carried out; and

        (b)     the work must be carried out under any supervision that the Minister directs.

    (4)     The provisions of subsection (3) do not apply if—

        (a)     the work in question is that of an architect, engineer or other professional adviser or consultant employed by the council with the consent of the Minister in connection with any proposed work; or

        (b)     the Minister has in relation to any particular work given a written exemption to the school council from complying with the provisions of that subsection; or

        (c)     the school council arranges for the work to be undertaken by any municipal council or any public statutory body.

    (5)     If a school council enters into a contract for any work and the council is not required by a direction issued under Part 4 of the Project Development and Construction Management Act 1994 to publicly invite tenders for the work, the council may supervise the carrying out of that work, unless the Minister either generally or in any particular case directs, or the regulations made under this Act provide, that the work must be supervised otherwise.



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