South Australian Repealed Acts

This legislation has been repealed.

EDUCATION ACT 1972 - SECT 85

85—Establishment and dissolution of school councils

        (1)         The Minister may, by notice in the Gazette, do one or more of the following:

            (a)         establish a school council for a Government school or proposed Government school;

            (b)         dissolve the school councils of two or more Government schools and establish a single school council for those schools;

            (c)         if Government schools are amalgamated, dissolve the school councils of those schools and establish a school council for the schools as amalgamated;

            (d)         if a school council operates for two or more Government schools, dissolve the council and establish separate school councils for those schools;

            (e)         dissolve a school council if the Government school is permanently closed.

        (2)         A notice under subsection (1) may include provisions of a transitional or ancillary nature.

        (3)         The Minister may, in establishing a school council, determine the constitution under which the council is to operate and make arrangements for the election or appointment of the council's elected or appointed members.

        (4)         The Minister may only determine that a council is to operate under a constitution appropriate to a governing council if the council is established under paragraph (b) , (c) or (d) of subsection (1) and the council or each of the councils dissolved under the paragraph was, immediately before its dissolution, a governing council.

        (5)         If a school council is dissolved—

            (a)         the Minister may, by written order, transfer assets or liabilities (or both) of the council to one or more other school councils or to any other person; and

            (b)         any remaining assets and liabilities of the council or affiliated committee vest in the Minister.

        (6)         No stamp duty is payable under a law of the State in respect of a transfer effected under subsection (5) and no person has an obligation under the Stamp Duties Act 1923 to lodge a statement or return relating to such a transfer or to include information about such a transfer in a statement or return.

        (7)         The Registrar-General or any other authority required or authorised under a law of the State to register or record transactions affecting assets or liabilities, or documents relating to such transactions, must, on application by the Minister or a person nominated by the Minister for the purpose, register or record a transfer under subsection (5) .