AUSTRALIAN CAPITAL TERRITORY

schools authority act 1976
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 10 June 1998
TABLE OF PROVISIONS
Section
Part I—Preliminary
	1.	Short title
	2.	Commencement
	4.	Interpretation
Part II—Establishment, Functions and Powers of the Schools Authority
	5.	Establishment of Schools Authority
	6.	Functions of Authority
	7.	Powers of Authority
	7A.	Access to and use of Authority programs and services
	7B.	Determination of pre-school fees
	7C.	Exemptions
Part III—Administration
Division 1—Australian Capital Territory Schools Authority
	8.	Constitution of Authority
	9.	Tenure of office
	11.	Leave of absence
	12.	Resignation
	13.	Termination of appointment
	14.	Acting appointment

Part V—Staff
	28.	Staff of Authority
Part VI—Finance
	29.	Moneys of the Authority
	30.	Assets of the Authority
	31.	Application of moneys of Authority
	32.	Application of Financial Management Act and Auditor-General Act
part VII—School Boards
	36.	Interpretation
	37.	Establishment of school boards
	38.	Functions of school boards
	39.	Powers of school boards
	40.	Constitution of school boards
	41.	Constitution of boards of small schools
	42.	Constitution of boards in special cases
	43.	Termination of office
	44.	Resignation of members of boards
	45.	Chairperson of a board
	46.	Meetings
	47.	Functions and powers of board not affected by vacancies
	48.	Board of school to prepare budget
	48A.	Application of moneys by board
	48B.	Proper accounts to be kept
	48C.	Board to prepare financial statement and report
	48D.	Copies of budget and annual report to be provided
	49.	Acting appointments
Part VIII—Parent Participation in Pre-Schools
	50.	Authority to take steps to facilitate parent participation in conduct of pre-schools
part IX—Miscellaneous
	54.	Rights of Chief Education Officer
	55.	Protection of persons
	56.	Notices may be given by post
	57.	Regulations

AUSTRALIAN CAPITAL TERRITORY

schools authority act 1976
An  Act to establish an Australian Capital Territory Schools Authority
Part I—Preliminary
1. 	Short title
	This Act may be cited as the Schools Authority Act 1976.1
2.1 	Commencement
(1) 	This section and section 1 shall come into operation on the day on which this Act is notified in the Gazette.
(2) 	The remaining sections shall come into operation on such date as is, or on such dates as respectively are, fixed by the Minister of State for the Capital Territory by notice published in the Gazette.
4. 	Interpretation
	In this Act, unless the contrary intention appears—
“Authority” means the Authority established by this Act;
“board” means the board of a school;
“Chief Education Officer” means the person appointed under subsection 8 (1) to be the Authority;
“community group” means an identifiable group, whether incorporated or unincorporated, of persons organised for a common purpose, or 
common purposes, of a public, welfare, social, recreational or similar character;
“community purpose” means a purpose of a public, welfare, social, recreational or similar character that is calculated to benefit the members, or advance the common purpose or purposes, of a community group;
“corporal punishment” means physical force applied to punish or correct, and includes any action designed or likely to cause physical pain or discomfort  taken for such a purpose;
“non-government school”  means a school in the Territory that is not conducted, or proposed to be conducted, by or on behalf of the Territory, but does not include a school conducted, or proposed to be conducted, for the profit, direct or indirect, of an individual or individuals;
“parent” includes step-parent and guardian;
“school” means—
	(a)	any school or college established and conducted in the Territory; and
	(b)	any school or other educational or related institution approved by the Minister;
pursuant to paragraph 6 (1) (a).
Part II—Establishment, Functions and Powers of the Schools Authority
5. 	Establishment of Schools Authority
	There is established by this Act an authority by the name of the Australian Capital Territory Schools Authority.
6. 	Functions of Authority
(1) 	The functions of the Authority are—
	(a)	to establish and conduct in the Territory, on behalf of the Territory—
	(i)	pre-schools, primary schools, high schools and secondary colleges; and
	(ii)	such other schools and other educational or related institutions as the Minister may from time to time approve;
	(b)	to establish and conduct in the Territory, on behalf of the Territory such other educational services as the Minister approves; and
	(c)	to establish and conduct in the Territory, on behalf of the Territory, such educational or related services as the Minister directs.
(2) 	The Authority shall so perform its functions as to ensure that adequate provision is made for persons attending, or seeking to attend, pre-schools and schools conducted by the Authority.
(2A) 	The Authority shall ensure that any disciplinary policy implemented at a school precludes corporal punishment.
(3) 	The Authority shall perform its functions in accordance with any directions given by the Minister.
(4) 	A school that was, immediately before self-government day, to be deemed to be conducted by the Authority on behalf of the Commonwealth shall, on and after that date, be conducted by the Authority on behalf of the Territory.
(5) 	The Authority shall include in each report it presents under section 8 of the Annual Reports (Government Agencies) Act 1995 details of—
	(a)	any approvals given by the Minister under subparagraph (1) (a) (ii) or paragraph (1) (b); and
	(b)	any directions given by the Minister under paragraph (1) (c) or subsection (3).
7. 	Powers of Authority
(1) 	Subject to subsection (2), the Authority has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions and, in particular, without limiting the generality of the foregoing—
	(a)	to enter into contracts;
	(b)	to hold land under a lease or tenancy;
	(c)	to occupy and use land or buildings made available to the Authority by the Territory;
	(d)	to engage consultants to advise the Authority on any matter;
	(e)	to enter into arrangements with any person or authority for the use of personnel, services, facilities or equipment in connection with the performance by the Authority of its functions;
	(f)	to maintain liaison with other authorities, agencies and persons concerned with the provision of education or the conduct of schools, whether in the Territory or elsewhere;
	(g)	to accept gifts, devises, bequests and assignments made to the Authority, whether on trust or otherwise, and to act as trustee of moneys or other property vested in the Authority upon trust; and
	(i)	to enter into arrangements with a community group for the use by that group for a community purpose of land or buildings made available to the Authority by the Territory.
(2) 	The Authority is not authorised to purchase any estate or interest in land or to erect or purchase buildings.
(2A) 	Nothing in subsection (1) shall be read as conferring on the Authority a power to enter into a contract of employment.
(3) 	Notwithstanding anything contained in this Act, any money or property held by the Authority upon trust shall be dealt with in accordance with the powers and duties of the Authority as trustee.
7A. 	Access to and use of Authority programs and services
(1) 	Subject to this section, the Authority may, by instrument in writing, with the approval of the Minister, grant permission to—
	(a)	non-government schools;
	(b)	technical and further education institutions; and
	(c)	eligible institutions and eligible agencies;
to have access to, and use of, programs, buildings, facilities and services conducted or provided by, or made available through, the Authority on behalf of the Territory.
(2) 	For the purposes of paragraph (1) (c), the Minister may by writing determine an institution or an agency to be an eligible institution or an eligible agency.
(3) 	An instrument pursuant to subsection (1) may grant permission for such period, and subject to such restrictions and conditions, as may be specified in the instrument.
7B. 	Determination of pre-school fees
(1) 	The Minister may, by notice published in the Gazette, determine fees in respect of the attendance by persons at pre-schools.
(2) 	Fees determined by the Minister are payable to the Authority.
7C. 	Exemptions
	The Minister may, by instrument, exempt a specified person or a person included in a specified class of persons from the requirement to pay a fee determined under subsection 7B (1).
Part III—Administration
Division 1—Australian Capital Territory Schools Authority
8. 	Constitution of Authority
(1) 	The Minister shall in writing appoint a person to be the Authority.
(2) 	The Authority—
	(a)	is a corporation sole by the name of the Australian Capital Territory Schools Authority;
	(b)	has perpetual succession;
	(c)	shall have an official seal; and
	(d)	is capable, in the corporate name of the Authority, of suing and being sued.
(3) 	All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority affixed to a document and shall presume that it was duly affixed.
9. 	Tenure of office
(1) 	The Chief Education Officer holds office—
	(a)	for such period, not exceeding 7 years, as is specified in the instrument of appointment; and
	(b)	on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.
(2) 	The Chief Education Officer is eligible for re-appointment.
(3) 	Subsection (1) does not authorise the Minister to determine terms and conditions relating to superannuation.
(4) 	A person who has attained the age of 65 years shall not be appointed or re-appointed as the Authority, and a person shall not be appointed or re-appointed as the Authority for a period that extends beyond the date on which he or she will attain the age of 65 years.
11. 	Leave of absence
(1) 	The Minister may grant leave of absence to the Chief Education Officer upon such terms and conditions as to remuneration or otherwise as the Minister determines.
(2) 	For the purposes of this section—
	(a)	a grant of leave of absence; and
	(b)	the determination of the terms and conditions of that grant;
shall be in writing.
12. 	Resignation
	The Chief Education Officer may resign his or her office by writing signed by the Officer and delivered to the Minister.
13. 	Termination of appointment
(1) 	The Minister may terminate the appointment of the Chief Education Officer by reason of misbehaviour or physical or mental incapacity.
(2) 	The Minister shall terminate the appointment of the Chief Education Officer if the Officer—
	(a)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
	(b)	is absent from duty, except on leave granted by the Minister, for 14 consecutive days or for 28 days in any period of 12 months; or
	(c)	except with the approval of the Minister, engages in paid employment otherwise than for the purposes of this Act.
14. 	Acting appointment
(1) 	The Minister may in writing appoint a person to act as the Authority—
	(a)	during a vacancy in the office of the Authority, whether or not an appointment has previously been made to the office; or
	(b)	during any period, or during all periods, when the Chief Education Officer is absent from duty or from the Territory or is, for any other reason, unable to perform the functions of the office;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2) 	The appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
(3) 	Where a person is appointed to act as the Authority in accordance with paragraph (1) (b) and the office of the Authority becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(4) 	The Minister may—
	(a)	determine the terms and conditions of appointment (other than terms and conditions relating to superannuation) of a person appointed under this section; and
	(b)	terminate such an appointment at any time.
(5) 	The appointment of a person to act as the Authority ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister.
(6) 	While a person is acting as the Authority, the person has, and may exercise, all the powers, and shall perform all the functions, of the Authority.
(7) 	Anything done by or in relation to a person purporting to act under this section is not invalid on the ground that—
	(a)	the occasion for the person’s appointment had not arisen;
	(b)	there is a defect or irregularity in connection with the person’s appointment;
	(c)	the person’s appointment had ceased to have effect; or
	(d)	the occasion for the person to act had not arisen or had ceased.
part v—staff
28. 	Staff of Authority
(1) 	The staff of the Authority shall be employed under the Public Sector Management Act 1994.
(2) 	The Public Sector Management Act 1994 applies in relation to the management of the staff of the Authority.
Part VI—Finance
29. 	Moneys of the Authority
(1) 	There are payable to the Authority such moneys as are—
	(a)	appropriated by the Legislative Assembly for the purposes of this Act;
	(b)	received for or in relation to the use by a community group of land or buildings made available to the Authority by the Territory;
	(c)	paid by a person to the Authority where acceptance of those moneys would be consistent with the purposes for which the moneys are paid and the Authority considers it appropriate that the moneys should be so accepted; and
	(d)	received by the Authority, not being moneys referred to in subsection (2) or (3), in the performance of its functions.
(2) 	Moneys payable to the Authority shall include moneys provided to the Authority in respect of an educational or related program approved by the Minister for the purposes of this subsection.
(3) 	The Authority may, by instrument in writing, declare that specified moneys, or moneys included within a specified class of moneys, being moneys purported to be received by the board of a school, or received by a person representing the school, or in respect of an activity conducted by the school for the general purposes, or a particular purpose, of the school (whether before or after the commencement of the Schools Authority (Amendment) Act 1983), shall be payable to the Authority and such moneys, or moneys included in such class of moneys, are payable to the Authority accordingly.
(4) 	The Executive may give directions as to the amounts in which, and the times at which, moneys referred to in paragraph (1) (a) are to be paid to the Authority.
30. 	Assets of the Authority
	The Authority may, by instrument in writing, declare specified property—
	(a)	purported to be purchased by, donated to or otherwise acquired by a board;
	(b)	not being property referred to in paragraph (a), in the custody of a board; or
	(c)	acquired by a person in respect of an activity conducted by a school for the general purposes, or a particular purpose, of the school;
whether before or after the commencement of the Schools Authority (Amendment) Act 1983, to be an asset of the Authority, and upon such declaration that property shall be taken, for the purposes of this Act, to be an asset of the Authority.
31. 	Application of moneys of Authority
	The moneys of the Authority shall be applied only—
	(a)	in payment or discharge of the costs, expenses, charges, obligations or liabilities incurred or undertaken by the Authority in or in connection with the pursuance of its functions or the exercise of its powers;
	(b)	in payment of any remuneration, fees and allowances payable under this Act; and
	(c)	in making any other payments that are required or permitted by this Act to be made out of the moneys of the Authority.
32. 	Application of Financial Management Act and Auditor-General Act
	The Financial Management Act 1996 and the Auditor-General Act 1996 apply in relation to the Authority as if the Authority were a part of the prescribed department.
Part VII—School Boards
36. 	Interpretation
(1) 	In this Part, unless the contrary intention appears—
“full-time student” means a student who is attending classes at a school during a total period of class time that is not less than 12 hours per week;
“full-time teacher” means a person appointed or engaged under Division 2 of Part III of the Teaching Service Act 1972 of the Commonwealth for the performance of teaching duties within the meaning of that Act in a school otherwise than on a part-time or casual basis;
“half-year” means a period of 6 months ending on 30 June or 31 December;
“high school” means a school declared by the Authority to be a high school for the purposes of this Part;
“member” means a member of the board of a school;
“primary school” means a school declared by the Authority to be a primary school for the purposes of this Part;
“principal”, in relation to a school or college, means the person occupying, or performing the duties of, the office of principal;
“secondary college” means a school declared by the Authority to be a secondary college for the purposes of this Part;
“small school” means a school where less than 4 teachers are employed but does not include a school or other educational or related institution referred to in subparagraph 6 (1) (a) (ii);
“year” means the period of 12 months commencing on 1 January.
(2) 	A reference in this Part to the Parents and Citizens Association of a school or college shall be read as a reference to the association of persons, by whatever name called, that is declared by the Authority to be the Parents and Citizens Association of the school or college, as the case may be, for the purposes of this Part.
(2A) 	A reference in this Part to a school shall not be read as a reference to a pre-school referred to in subparagraph 6 (1) (a) (i).
(3) 	Subject to this section—
“prescribed period”, in relation to the term of office of a member of a board (other than a principal), means the period commencing on 1 March in the year of election of the member or the date of his or her election, whichever is the later, and ending at the expiration of that month of February which falls not less than 12 months and not more than 24 months after the commencement of the period.
(4) 	In the case of a person who is appointed to be a member of a board, subsection (3) applies as if for the word “election” there were substituted the word “appointment”.
(5) 	The Authority may direct that the term of office of the members of a board be extended so as to expire on the last day of February next succeeding the date on which that term would have expired but for this subsection.
(6) 	A direction may not be given under subsection (5) after the term of office of the members of a board (other than the principal of the school), has expired.
(7) 	A direction under subsection (5) may not be given in respect of a term of office that has already been extended under that subsection.
37. 	Establishment of school boards
	The Authority shall direct that, on and from a date specified by the Authority, a school conducted by the Authority shall have a board.
38. 	Functions of school boards
(1) 	The functions of the board of a school are—
	(a)	to determine the educational policies to be implemented at the school;
	(b)	to assess, from time to time, the needs of the school in relation to the provision of buildings and facilities, equipment, funds and teachers and other staff and make recommendations to the Authority with respect to the meeting of those needs;
	(c)	to determine the purposes for which funds made available for the school are to be expended;
	(d)	to make recommendations to the Authority in respect of the use of the buildings, facilities and equipment of the school for purposes other than school purposes;
	(e)	to develop relationships between the school and the community and between the school and community organisations;
	(ea)	to ensure that any disciplinary policy implemented at the school precludes corporal punishment;
	(f)	to make recommendations to the Authority on matters relating to the school; and
	(g)	such other functions as the Authority confers upon the board.
(2) 	The Authority shall, where necessary, enter into discussions with boards and, where necessary, may give such directions as it thinks fit regarding the manner in which the functions of a board or of boards generally are to be performed.
(3) 	In the performance of its functions, a board shall comply with the directions (if any) given by the Authority under subsection (2) and applicable to that board.
39. 	Powers of school boards
(1) 	Subject to this section, a board has power to do such things as are necessary or convenient to be done for, or in connection with, the performance of its functions.
(2) 	Nothing in this Part derogates from the functions and powers conferred upon the Authority by Part II.
(3) 	The performance of a function, or the exercise of a power, by the board of a school does not affect the performance by the Authority of its functions, or the exercise by the Authority of its powers, in respect of that school.
(4) 	In its conduct of a school, the Authority is not required—
	(a)	to accept, or act in accordance with, a recommendation of the board of the school; or
	(b)	to implement a policy determined by the board of the school.
40. 	Constitution of school boards
(1) 	Subject to subsection (2), the board of a school shall consist of—
	(a)	the principal of that school;
	(b)	1 member appointed by the Authority;
	(c)	2 members elected by teachers employed at the school;
	(d)	3 members elected by the Parents and Citizens Association of the school; and
	(e)	the member or members (if any) appointed under subsection (6).
(2) 	In the case of a high school or a secondary college the board shall include, in addition to the members specified in subsection (1), 2 members, being full-time students at the school, elected by the students at the school.
(3) 	A person is not eligible to hold office as a member referred to in paragraph (1) (c) unless he or she is employed as a full-time teacher at the school.
(4) 	Subject to this Act, a member referred to—
	(a)	in paragraph (1) (b) holds office during the prescribed period and is eligible for reappointment; and
	(b)	in paragraph (1) (c) or (d) or subsection (2) holds office during the prescribed period and is eligible for re-election.
(5) 	Where a member referred to in paragraph (1) (c) or (d) or subsection (2) ceases to hold office before the expiration of his or her term of office, the Authority may appoint a person—
	(a)	in the case of a member referred to in paragraph (1) (c)—elected by the teachers employed at that school from among full-time teachers at the school;
	(b)	in the case of a member referred to in paragraph (1) (d)—nominated by the Parents and Citizens Association of the school; or
	(c)	in the case of a member referred to in subsection (2)—elected by the students at that school from among full-time students at the school; 
to hold office as a member of the board for the balance of that term of office.
(6) 	Subject to subsection (8), the board of a school may, by instrument in writing signed by the Chairperson of that board, appoint a person or persons, for such period (being a period not exceeding 12 months) as is specified in the instrument of appointment, to be a member or members of the board.
(7) 	A person appointed under subsection (6) is eligible for reappointment.
(8) 	The board of a school is not authorised to appoint a person under subsection (6) so as to cause—
	(a)	in the case of a primary school—3 or more persons; or
	(b)	in the case of a high school or secondary college—4 or more persons;
to hold office at the same time by virtue of appointments under that subsection.
(9) 	A member of a board appointed under subsection (6) is entitled to attend meetings of the board but is not eligible to vote.
(10) 	In this section—
“school” does not include a small school, or a school or educational or related institution referred to in subparagraph 6 (1) (a) (ii).
41. 	Constitution of boards of small schools
(1) 	The board of a small school shall consist of—
	(a)	the principal of that school;
	(b)	1 member appointed by the Authority;
	(c)	1 member who is a teacher employed at the school;
	(d)	2 members elected by the Parents and Citizens Association of the school; and
	(e)	the member (if any) appointed under subsection (6).
(2) 	A member referred to in paragraph (1) (c) shall be—
	(a)	appointed by the Authority in accordance with a nomination in writing lodged with the Authority and signed by—
	(i)	the teacher proposed in the nomination to become a member; and
	(ii)	all other teachers employed at the school; or
	(b)	where no such nomination is lodged before the expiration of the specified date—appointed by the Authority.
(3) 	For the purposes of subsection (2), the Authority shall, not later than 28 days before the specified date, furnish each teacher employed at the school with a notice requesting that a nomination be made, and setting out the specified date.
(4) 	Subject to this Act, a member referred to in—
	(a)	paragraph (1) (b) holds office during the prescribed period, and is eligible for reappointment;
	(b)	paragraph (1) (c) holds office during the prescribed period, and is eligible for reappointment; or
	(c)	paragraph (1) (d) holds office during the prescribed period, and is eligible for re-election.
(5) 	Where a member referred to in paragraph (1) (c) or (d) ceases to hold office before the expiration of his or her term of office, the Authority may—
	(a)	in the case of a member referred to in paragraph (1) (c)—appoint, in accordance with the procedures set out in subsections (2) and (3), a teacher employed at the school; or
	(b)	in the case of a member referred to in paragraph (1) (d)—appoint a person nominated by the Parents and Citizens Association of the school;
to hold office as a member of the board for the balance of that term of office.
(6) 	The board of a small school may, by instrument in writing signed by the Chairperson of that board, appoint a person, for such period (being a period not exceeding 12 months) as is specified in the instrument of appointment, to be a member of the board.
(7) 	A person appointed under subsection (6) is eligible for reappointment.
(8) 	A member of a board appointed under subsection (6) is entitled to attend meetings of the board but is not eligible to vote.
(9) 	In this section—
“specified date” means a date specified by the Authority for lodgment with the Authority, by the teachers employed at a small school, of a nomination referred to in subsection (2).
42. 	Constitution of boards in special cases
(1) 	The Authority may determine, by instrument in writing, with the approval in writing of the Minister, the constitution of the board of a school or other educational or related institution referred to in subparagraph 6 (1) (a) (ii) and may appoint a person to be a member of that board in accordance with that determination.
(2) 	In considering whether to grant an approval under subsection (1), the Minister shall have regard to—
	(a)	the advantages of conformity, where appropriate, to the constitution of a board referred to in section 40;
	(b)	the need for the principal to be a member of the board;
	(c)	the need for the Authority to be represented on the board;
	(d)	whether consultations relating to the constitution of the board have been held with groups, as appropriate, of teachers, parents and citizens and students, employed at or associated with the school or other institution;
	(e)	any representations made by such groups in relation to the constitution of the board; and
	(f)	the administrative needs and educational or related objectives and any special characteristics of the school or other institution.
(3) 	A person who is appointed to be a member of a board under subsection (1) shall hold office for such period as is specified by the Authority in the instrument of appointment.
(4) 	In this section—
“principal” means the principal of a school or other institution referred to in subsection (1) and includes a person having responsibility for the conduct of the school or other institution.
43. 	Termination of office
(1) 	The Authority shall remove from office as a member of a board a person who has ceased to be eligible to hold that office.
(2) 	Where a member of a board, other than the principal of the school, is absent, except on leave granted by the board, from 3 consecutive meetings of the board—
	(a)	the Chairperson of the board shall inform the Authority of the absence of the member from those meetings; and
	(b)	the Authority shall remove the member from office.
(3) 	The Authority may remove a member of a board, other than the principal of the school, from office for misbehaviour.
44. 	Resignation of members of boards
	A member of the board of a school, other than the principal of the school, may resign his or her office by writing signed by him or her and delivered to the Chairperson of the board.
45. 	Chairperson of a board
(1) 	A board shall, as occasion requires, appoint 1 of its members, not being the principal of the school or a teacher employed at the school, to be Chairperson of the board.
(2) 	Subject to this Part, a member appointed in pursuance of subsection (1) holds office as Chairperson of the board for the remainder of his or her term of office as a member of the board.
(3) 	A member appointed in pursuance of subsection (1) may resign his or her office of Chairperson of the board by writing signed by him or her and delivered to the Authority.
(4) 	Where a person appointed in pursuance of subsection (1) ceases to hold office as a member of the board before the expiration of his or her term of office as a member, he or she thereupon ceases to hold office as Chairperson of the board.
(5) 	A member of a board is eligible to be re-appointed as Chairperson of the board.
46. 	Meetings
(1) 	The Chairperson of the board of a school, or if, for any reason, the Chairperson of the board is not available, the principal of the school may convene meetings of the board.
(2) 	The Authority may, by notice in writing given to the Chairperson of a board, request that a meeting of the board be convened for the purpose of considering the matter or matters specified in the notice.
(3) 	Without prejudice to any other method of giving the notice, a notice may be given to the Chairperson of a board for the purpose of subsection (2) by delivering the notice, addressed to the Chairperson, to the principal of the school.
(4) 	Where notice has been given to the Chairperson of a board for the purpose of subsection (2), the Chairperson shall convene a meeting of the board by giving to each member of the board not less than 3 days’ notice in writing of the date, time and place of the meeting and of the matter or matters specified in the notice given under subsection (2).
(5) 	At a meeting convened for the purpose of subsection (3), no business shall be dealt with except business arising out of a matter specified in the notice given for the purpose of subsection (2).
(6) 	The Chairperson of a board shall preside at all meetings of the board at which he or she is present.
(7) 	If the Chairperson of a board is not present at a meeting of the board, the members present shall appoint 1 of their number to preside at the meeting.
(8) 	A quorum at a meeting of a board is constituted—
	(a)	in the case of the board of a primary school—by not less than 4 members of whom—
	(i)	1 at least is a member elected under paragraph 40 (1) (c) or appointed by the Authority under paragraph 40 (5) (a); and
	(ii)	1 at least is a member elected under paragraph 40 (1) (d) or appointed by the Authority under paragraph 40 (5) (b);
	(b)	in the case of the board of a high school or secondary college—by not less than 5 members of whom—
	(i)	1 at least is a member elected under paragraph 40 (1) (c) or appointed by the Authority under paragraph 40 (5) (a); and
	(ii)	1 at least is a member elected under paragraph 40 (1) (d) or appointed by the Authority under paragraph 40 (5) (b);
	(c)	in the case of the board of a small school—by not less than 3 members, of whom—
	(i)	1 at least is a member referred to in paragraph 41 (1) (c) or appointed by the Authority under paragraph 41 (5) (a); and
	(ii)	1 at least is a member elected under paragraph 41 (1) (d) or appointed by the Authority under paragraph 41 (5) (b); and
	(d)	in the case of a board constituted under section 42 in respect of a school or other educational or related institution referred to in subparagraph 6 (1) (a) (ii)—by a number of members that is not less than one-half of the total number of members, of which number—
	(i)	where any member is appointed to represent teachers employed at that school or other institution—1 is such a member;
	(ii)	where any member is appointed to represent parents and citizens associated with that school or other institution—1 is such a member; and
	(iii)	where any member is appointed in respect of special objectives or characteristics of that school or other institution—1 is such a member.
(9) 	Questions arising at a meeting of a board shall be determined by a majority of the votes of the members present and voting.
(10) 	The person presiding at a meeting of a board has a deliberative vote only.
(11) 	Where there is a vacancy in the office of Chairperson of a board and, but for this subsection, the board would not be able to appoint a member to be Chairperson of the board, the Authority may convene a meeting of the board.
47. 	Functions and powers of board not affected by vacancies
	The performance of the functions, or the exercise of the powers, of a board is not affected by a vacancy or vacancies in the membership of the board.
48. 	Board of school to prepare budget
(1) 	A board shall cause to be prepared for each year a budget, in such form as the Authority approves, in relation to moneys to be received and expended by that board on behalf of the Authority for that year and, if the Authority so directs, for any other period specified by the Authority, and the board shall approve a budget so prepared on a date not later than such date as the Authority specifies.
(2) 	Where a budget in relation to moneys is approved pursuant to subsection (1), those moneys shall not be expended otherwise than in accordance with that budget.
48A. 	Application of moneys by board
	The board of a school shall apply moneys of the Authority only in payment or discharge of the costs, expenses, charges, obligations or liabilities incurred or undertaken for the purposes of the Authority in or in connection with the performance of its functions or the exercise of its powers in relation to that school.
48B. 	Proper accounts to be kept
(1) 	A board shall cause to be kept proper accounts and records of the transactions and affairs of the board and shall do all things necessary to ensure that all payments are correctly made and properly authorised and that adequate control is maintained over assets of the Authority in the custody of the board.
(2) 	Accounts and records referred to in subsection (1) shall be kept in such form as the Authority, or a person authorised by it in writing, may from time to time prescribe.
48C. 	Board to prepare financial statement and report
(1) 	A board shall, as soon as practicable after the end of each half-year, but not later than such date as the Authority may direct, cause to be prepared and furnished to the Authority a financial statement, in such form as the Authority approves, setting out details of the receipt and expenditure of all moneys of the Authority received, held or expended by or under the authority of the board during that half-year, together with such other particulars as the Authority may require.
(2) 	A board shall, as soon as practicable after the end of each year, but not later than such date as the Authority may direct, cause to be prepared an annual report on the operations of the board during that year.
(3) 	A report prepared in accordance with subsection (2) shall include a financial statement referred to in subsection (1) for each of the 2 half-years that make up the year to which the report relates.
48D. 	Copies of budget and annual report to be provided
(1) 	The board of a school shall, not later than 14 days after the approval of a budget in accordance with subsection 48 (1), provide copies of that budget—
	(a)	in the case of a school referred to in subparagraph 6 (1) (a) (i), to—
	(i)	the parents of students at the school;
	(ii)	the teachers employed at the school; and
	(iii)	in the case of a high school or secondary college—the students at the school or college; and
	(b)	in the case of a school or other educational or related institution referred to in subparagraph 6 (1) (a) (ii), to—
	(i)	any parents of students at the school or other institution;
	(ii)	any teachers employed at the school or other institution; and
	(iii)	such other persons who are associated with the school or other institution, or who have an interest in its special objectives or characteristics, as the board may determine.
(2) 	The board of a school shall, not later than 14 days after the preparation of an annual report referred to in subsection 48C (2), provide copies of that report to the Authority and—
	(a)	in the case of a school referred to in subparagraph 6 (1) (a) (i), to—
	(i)	the parents of students at the school;
	(ii)	the teachers employed at the school; and
	(iii)	in the case of a high school or secondary college—the students at the school or college; and
	(b)	in the case of a school or other educational or related institution referred to in subparagraph 6 (1) (a) (ii), to—
	(i)	any parents of students at the school or other institution;
	(ii)	any teachers employed at the school or other institution; and
	(iii)	such other persons who are associated with the school or other institution, or who have an interest in its special objectives or characteristics, as the board may determine.
49. 	Acting appointments
(1) 	In this section—
“elected member”, in relation to the board of a school, means—
	(a)	a member elected by teachers employed at the school;
	(b)	a member elected to represent parents and citizens; or
	(c)	a member elected by students at the school.
(2) 	Where—
	(a)	an elected member of a board is, or is expected to be, absent from the Territory; or
	(b)	an elected member of a board is unable, through illness or other cause, to attend meetings of the board;
the board may appoint a person to act as a member of the board during the absence or inability, as the case may be.
(3) 	Where a person ceases to hold office as an elected member of a board before the expiration of his or her term of office, the board may appoint a person to act as a member of the board while the office remains vacant.
(4) 	The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his or her acting has not arisen or that the occasion for his or her acting had passed or had ceased.
(5) 	The appointment of a person under this section is not invalidated, and shall not be called in question, by reason of a deficiency or irregularity in, or in connection with, his or her appointment.
Part VIII—Parent Participation in Pre-Schools
50. 	Authority to take steps to facilitate parent participation in conduct of pre-schools
	The Authority shall, in the performance of its functions in relation to a pre-school, take such steps as are necessary to encourage, and afford adequate opportunities for, parents of children attending the pre-school to participate in the conduct of that pre-school.
Part IX—Miscellaneous
54. 	Rights of Chief Education Officer
	Where the Chief Education Officer was, immediately before his or her appointment, a public servant or a person to whom the Officers’ Rights Declaration Act 1928 of the Commonwealth applied, the Officer retains his or her existing and accruing rights.
55. 	Protection of persons
	A person who is, or has been—
	(a)	the Chief Education Officer;
	(b)	a person appointed to act as the Authority; or
	(c)	a member of the board of a school;
is not liable to an action or other proceeding for or in relation to an act done or omitted to be done in good faith in performance or purported performance of any function, or in exercise or purported exercise of any power or authority, conferred on the person in that capacity.
56. 	Notices may be given by post
	A notice for the purpose of this Act may be given by post.
57. 	Regulations
(1) 	The Executive may make regulations, not inconsistent with this Act, prescribing matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) 	Without limiting the generality of subsection (1), regulations made under that subsection may make provision for, and in relation to—
	(a)	the conduct of elections for the purposes of Part VII;
	(b)	the setting aside of such an election and the conduct of a new election; and
	(c)	appeals to the Administrative Appeals Tribunal against decisions made under the regulations in relation to an election for the purposes of Part VII.

NOTES
1.	The Schools Authority Act 1976 as shown in this reprint comprises Act No. 59, 1976 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Schools Authority Ordinance 1976	59, 1976	15 Nov 1976	Ss. 1 and 2: 15 Nov 1976
Ss. 3-35 and 50-57: 1 Jan 1977 (see Gazette 1976, No. G51, p. 14)
Ss. 36-49: 1 Apr 1977 (see Gazette 1977, No. S40)		
Ordinances Revision Ordinance 1978	46, 1978	28 Dec 1978	28 Dec 1878	—	
Schools Authority (Amendment) Ordinance 1979	11, 1979	30 May 1979	2 June 1979	S. 8	
Schools Authority (Amendment) Ordinance 1983	63, 1983	30 Dec 1983	1 Jan 1984	Ss. 18 and 19	
Schools Authority (Amendment) Ordinance 1985	28, 1985	1 July 1985	1 July 1985	—	
Schools Authority (Amendment) Ordinance 1987	70, 1987	22 Dec 1987	31 Dec 1987 (see Gazette 1987, No. S365)	Part III 
(ss. 12-19)	
Schools Authority (Amendment) Ordinance 1988	2, 1988	10 Feb 1988	10 Feb 1988	—	
Schools Authority (Amendment) Ordinance (No. 2) 1988	65, 1988	21 Sept 1988	21 Sept 1988	—	
Interim Territory Planning Ordinance 1988	88, 1988	21 Dec 1988	Ss. 1 and 2: 21 Dec 1988
Remainder: 31 Jan 1989 (see Gazette 1989, No. S38)	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2: 10 May 1989
Remainder: 11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989
Table 2

Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Statutory Authorities (Audit Arrangements) Act 1990	25, 1990	22 June 1990	Ss. 1 and 2: 22 June 1990
Remainder: 22 June 1990 (see Gazette 1990, No. S35)	Ss. 19 and 20	
Statute Law Revision (Miscellaneous Provisions) Act 1993	1, 1993	 1 Mar 1993	1 Mar 1993	—	
(Reprinted as at 30 April 1993)	
Public Sector Management (Consequential and Transitional Provisions) Act 1994	38, 1994	30 June 1994	Ss. 1 and 2:  30 June 1994
Remainder:  1 July 1994 (see Gazette 1994, No. S142, p. 2)	Ss. 3, 5-12, 15 and 19	
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996	26, 1996	1 July 1996	1 July 1996	—	
(Reprinted as at 30 November 1996)	
Schools Authority (Amendment) Act 1997	18, 1997	29 May 1997	29 May 1997 (see s. 2)	—	
Remuneration Tribunal (Consequential Amendments) Act 1997	41, 1997	19 Sept 1997	Ss. 1 and 2:  19 Sept 1997
Remainder:  23 Sept 1997 (see Gazette 1997, No. S280)	—	
(Reprinted as at 31 January 1998)	
Schools Authority (Amendment) Act 1998
	8, 1998	10 June 1998	10 June 1998	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3	rep. No. 46, 1978
S. 4	am. No. 11, 1979; No. 63, 1983; No. 70, 1987; No. 65, 1988; No. 38, 1989; Act No. 1, 1993; No. 18, 1997; No. 8, 1998
S. 6	am. No. 63, 1983; No. 65, 1988; No. 38, 1989; Act No. 26, 1996; No. 18, 1997; No. 8, 1998
S. 7	am. No. 63, 1983; No. 88, 1988; No. 38, 1989; Act No. 38, 1994
S. 7A	ad. No. 63, 1983
	am. No. 38, 1989
Ss. 7B, 7C	ad. No. 2, 1988
Part III (ss. 8-18)	rep. No. 70, 1987
Part III (ss. 8-14)	ad. No. 70, 1987
Heading to Div. 1 of 	ad. No. 65, 1988
   Part III
S. 8	rs. No. 70, 1987
	am. No. 65, 1988
S. 9	rs. No. 70, 1987
S. 10	am. No. 11, 1979
	rs. No. 28, 1985; No. 70, 1987
	rep. Act No. 41, 1997
S. 11	am. No. 63, 1983; No. 28, 1985
	rs. No. 70, 1987
	am. No. 65, 1988
Ss. 12, 13	rs. No. 70, 1987
S. 14	rs. No. 70, 1987
	am. No. 65, 1988
Div. 2 of Part III  (ss. 15-	ad. No. 65, 1988
   22)	rep. Act No. 8, 1998
S. 15	am. No. 11, 1979; No. 63, 1983; No. 28, 1985
	rep. No. 70, 1987
	ad. No. 65, 1988
	rep. Act No. 8, 1998
S. 16	rs. No. 28, 1985
	rep. No. 70, 1987
	ad. No. 65, 1988
	rep. Act No. 8, 1998
S. 17	am. No. 28, 1985
	rep. No. 70, 1987
	ad. No. 65, 1988
	rep. Act No. 8, 1998
S. 18	am. No. 11, 1979; No. 63, 1983; No. 28, 1985
	rep. No. 70, 1987
	ad. No. 65, 1988
	rep. Act No. 8, 1998
Ss. 19-22	ad. No. 65, 1988
	rep. Act No. 8, 1998
Part IV (ss. 19-27)	rep. No. 70, 1987
S. 19	am. No. 63, 1983
	rep. No. 70, 1987
Ss. 20-27	rep. No. 70, 1987
S. 28	am. No. 38, 1989
	rs. Act No. 38, 1994
S. 29	rs. No. 63, 1983
	am. No. 38, 1989
Ss. 30, 31	rs. No. 63, 1983
S. 32	rs. No. 63, 1983; Act No. 26, 1996
S. 33	rs. No. 63, 1983
	am. No. 38, 1989
	rep. Act No. 26, 1996
S. 34	rep. No. 63, 1983
	ad. Act No. 25, 1990
	rep. No. 26, 1996
S. 34A	ad. Act No. 25, 1990
	rep. No. 26, 1996
S. 35	am. No. 65, 1988
	rep. Act No. 26, 1996
S. 36	am. No. 63, 1983; No. 38, 1989
S. 38	am. Act No. 18, 1997
Ss. 40-42	rs. No. 63, 1983
S. 45	am. No. 70, 1987
S. 46	am. No. 63, 1983; No. 70, 1987
S. 48	rs. No. 63, 1983
S. 48A	ad. No. 63, 1983
S. 48B	ad. No. 63, 1983
	am. No. 70, 1987
Ss. 48C, 48D	ad. No. 63, 1983
S. 51	rs. No. 70, 1987
	rep. No. 65, 1988
S. 52	rep. No. 70, 1987
S. 53	rep. No. 63, 1983
S. 54	am. No. 70, 1987; No. 38, 1989
S. 55	rs. No. 70, 1987
S. 57	am. No. 38, 1989