AUSTRALIAN CAPITAL TERRITORY

AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY SCHOOLS AUTHORITY REGULATIONS

EXPLANATORY STATEMENT

No. 7 of 1979

Section 57 of the Schools Authority Ordinance provides for the making of regulations for carrying out or giving effect to the Ordinance.

Regulations 1978 No. 11, made in accordance with Section 57, prescribe machinery and procedures to be used in the conduct of elections for school boards.  The accompanying amendment repeals Regulation 46 to correct an error and provides a substitute.

Regulation 46 (Regulations 1978 No. 11) concerns elections of student representatives to school boards and states:

	“46.  (1)  Where the number of nominations received by the returning officer does not exceed the number of members of the board to be elected, the returning officer shall conduct a ballot in accordance with the determinations of the electoral meeting of the Student Council or of the students.
		   	(2)  Where the number of nominations received by the returning officer exceeds the number of candidates to be elected, the returning officer shall conduct a ballot.”	
The intention is clearly otherwise in 46(1) i.e. that the returning officer declare each candidate nominated to have been elected.  This intention is supported by other provisions in the Regulations and is consistent with the equivalent regulations.  Regulation 37(1) (Regulations 1978 No. 11) dealing with Parents and Citizens Representatives and the marginal heading for Regulation 46(1) (Regulations 1978 No. 11).

Authority:  Section 57 of the Schools
Authority Ordinance, 1978.

J.L. CARRICK

Minister of State for Education