{"id":"serpell-joint-schools-act-1981","name":"Serpell Joint Schools Act 1981","slug":"serpell-joint-schools-act-1981","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173534,"registerId":"vic-serpell-joint-schools-act-1981-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Serpell Joint Schools Act 1981","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nSerpell Joint Schools Act 1981\nAct No. 9636/1981\nVersion as at 3 March 2003\nTABLE OF PROVISIONS\nSection Page\nPART I—PRELIMINARY 2\n1. Short title, commencement, division into Parts 2\n2. Definitions 2\n3. Act to bind Crown 3\nPART II—RATIFICATION OF AGREEMENT 4\n4. Ratification of Agreement 4\n5. Privileges of Company 4\n__________________\nSCHEDULE—Agreement 5\n═══════════════\nENDNOTES 21\n1. General Information 21\n2. Table of Amendments 22\n3. Explanatory Details 23\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nSerpell Joint Schools Act 1981\nAct No. 9636/1981\nVersion as at 3 March 2003\nAn Act to ratify validate approve and otherwise give effect to an\nAgreement between the Minister of Education for and on behalf\nof the State of Victoria, the Roman Catholic Trusts Corporation\nfor the Diocese of Melbourne, the Mayor, Councillors and\nCitizens of the City of Doncaster and Templestowe and Serpell\nCommunity Project Proprietary Limited with respect to the\nEstablishment Ownership and Operation of a building for the\nuse of State School No. 5168 Serpell Primary School and of a\nCatholic Primary School at Templestowe Victoria and for other\npurposes.\nPreamble\nWHEREAS the Minister of Education for the State\nof Victoria desires to provide additional facilities\nfor use by State School No. 5168 Serpell Primary\nSchool:\nAND WHEREAS the Roman Catholic Trusts\nCorporation and the parish priest of St. Kevin's\nTemplestowe desire to extend the facilities\navailable for use by the Catholic Primary School\nwhich they propose to establish in the vicinity of\nSerpells Road:\nAND WHEREAS the mayor councillors and\ncitizens of the City of Doncaster and Templestowe\ndesire to improve the facilities available for use in\nconjunction with a sports and recreation reserve\nowned by the Council of the City of Doncaster and\nTemplestowe:\nAND WHEREAS the three parties mentioned\nagree that their respective desires will be achieved\nby the establishment of a building to be operated in\n\nVictorian Legislation and Parliamentary DocumentsPart I—Preliminary\nSerpell Joint Schools Act 1981\nAct No. 9636/1981\n2\naccordance with an Agreement into which they\nhave entered:\nAND WHEREAS the Agreement is said to be\nsubject to ratification by the Parliament of\nVictoria:\nAND WHEREAS it is expedient in the public\ninterest to ratify validate approve and give effect of\nlaw to the said Agreement and to make other\nprovision as hereinafter enacted:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\nPART I—PRELIMINARY\n1. Short title, commencement, division into Parts\n(1) This Act may be cited as the Serpell Joint\nSchools Act 1981.\n(2) The several provisions of this Act shall come into\noperation on a day or respective days to be fixed\nby proclamation or successive proclamations of\nthe Governor in Council published in the\nGovernment Gazette.\n(3) This Act is divided into Parts as follows:\nPart I—Preliminary ss 1–3.\nPart II—Ratification of Agreement ss 4–5.\n2. Definitions\n(1) In this Act unless inconsistent with the context or\nsubject-matter—\n\"the Agreement\" means the Agreement a copy\nof which is set out in the Schedule;\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsPart I—Preliminary\nSerpell Joint Schools Act 1981\nAct No. 9636/1981\n3\n\"public statutory corporation\" means any body\ncorporate established by or pursuant to any\nAct for any public purpose and without\naffecting the generality of the foregoing,\nincludes a municipality.\n(2) Expressions used in this Act and which are also\nused in the Agreement shall have the meanings\nrespectively assigned to them in the Agreement.\n3. Act to bind Crown\nThis Act shall bind the Crown in right of the State\nof Victoria and, so far as the legislative power of\nthe Parliament permits, shall also bind the Crown\nin all its other capacities.\n__________________\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsPart II—Ratification of Agreement\nSerpell Joint Schools Act 1981\nAct No. 9636/1981\n4\nPART II—RATIFICATION OF AGREEMENT\n4. Ratification of Agreement\n(1) The Agreement is hereby ratified validated and\napproved and given the force of law and shall take\neffect as though its provisions had been expressly\nenacted in this Act.\n(2) The Minister of Education and all other Ministers\nof the State of Victoria and all public statutory\ncorporations and all officers concerned are hereby\nempowered to carry out the Agreement and to\nenter into such agreements as to give such\napprovals as are provided for by it.\n5. Privileges of Company\nThe Company shall have all the privileges and\nimmunities of an instrumentality of the Crown.\n__________________\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n5\nSCHEDULE\nAGREEMENT\nThis Agreement is made the tenth day of November 1981 by the Honourable\nA. J. Hunt in his capacity as Minister of Education for the time being in the\nState of Victoria for and on behalf of the said State of the first part, the\nRoman Catholic Trusts Corporation for the Diocese of Melbourne of the\nsecond part, the mayor councillors and citizens of the City of Doncaster and\nTemplestowe of the third part and Serpell Community Project Pty. Limited a\ncompany incorporated in the State the registered office of which is situated at\n350 William Street, Melbourne of the fourth part—\nWHEREAS—\nI. The State and the Roman Catholic Trusts Corporation desire that a\nbuilding be established to be used by the schools.\nII. The company desires to own the building.\nIII. The Council desires to use the building.\nIV. The schools desire to use the recreation reserve owned by the Council.\nV. The State the Roman Catholic Trusts Corporation and the Council\ndesire to make certain lands and certain moneys available to the\ncompany for the construction maintenance and operation of the\nbuilding.\nVI. In order to effect the establishment and operation of the building the\nparties hereto desire to enter into the Agreement following so that upon\nits ratification validation and approval by the Parliament of the State the\nAgreement will have full force and effect of law and will become\nbinding on the parties in the manner hereinafter appearing.\nNOW IT IS HEREBY AGREED as follows—\nPART I—PRELIMINARY\n1. Definitions\n(1) In this Agreement unless inconsistent with the context or\nsubject-matter—\n\"the Act\" means the Act of the Parliament of Victoria to be\npassed to ratify validate approve give the force of law\nand otherwise give effect to this Agreement;\n\"building\" means the building to be owned by the\nCompany and used by the schools the Council and\nother parties under this Agreement;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n6\n\"Catholic school\" means the school which the Roman\nCatholic Trusts Corporation and the parish priest of\nSt. Kevin's Templestowe propose to establish in the\nvicinity of Serpell Road;\n\"Committee of Management\" means the Committee of\nManagement set up under this Agreement;\n\"Company\" means Serpell Community Project Pty.\nLimited its successors and permitted assigns;\n\"Council\" means the Municipal Council of the City of\nDoncaster and Templestowe;\n\"Minister\" means the Minister of Education for the State of\nVictoria;\n\"parish priest\" means the parish priest for the time being\nof the parish to which the Catholic school is for the\ntime being attached;\n\"recreation reserve\" means the sports and recreation\nreserve the property of the Council;\n\"Roman Catholic Trusts Corporation\" means the Roman\nCatholic Trusts Corporation for the diocese of\nMelbourne;\n\"schools\" means the State school and the Catholic school;\n\"school hours\" means the hours between 8.30 a.m. and\n4.00 p.m. each Monday to Friday;\n\"State\" means the State of Victoria;\n\"State school\" means State School No. 5168 Serpell\nPrimary School;\n\"State School Council\" means the school Council\nconstituted in accordance with section 13 of the\nEducation Act 1958 in relation to State School\nNo. 5168 Serpell Primary School.\n(2) Where in this Agreement the context requires or admits the\nplural number includes the singular and vice versa.\n(3) The headings and side notes shall not affect the\ninterpretation of the Agreement.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n7\n2. Part II of this Agreement shall be of no force or effect neither shall\nany party have any claim against another in respect of any matter\narising out of or in connexion with Part II until—\n(a) the Agreement has been ratified validated approved and\ngiven the force of law by an Act of Parliament of Victoria;\nand\n(b) clause 3 is complied with in full.\n3. Notwithstanding that this Agreement comes into operation on the\ncommencement date, Part II of this Agreement shall not come into\noperation until immediately after the Company issues to the\nMinister of Education a number of shares in the Company which is\nequal to the number of shares held by the Roman Catholic Trusts\nCorporation.\nPART II\nDivision A—Obligations of the State\n4. The State shall—\n(a) purchase at the price found by the Valuer-General from the\nCouncil an area of 1470 square metres approximately of\nland at the north-east corner of the land held by the Council\n(which is marked on the diagram in Part III first-mentioned\nland);\n(b) join the land mentioned in (a) with an area of 1180 square\nmetres approximately of land at the north-west corner of the\npresent site owned by the State (which land is marked on the\ndiagram in Part III);\n(c) transfer at no cost to the Company the ownership of the\njoined land mentioned in (b) to the Company;\n(d) cause the building to be designed and constructed in\naccordance with this Agreement on the land vested in the\nCompany;\n(e) pay towards the cost of design and construction of the\nbuilding an amount equal to 58 per cent of such cost and pay\nthe rest of such cost out of moneys received under this\nAgreement from the Roman Catholic Trusts Corporation\nand from the Council;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n8\n(f) make an agreed financial contribution not to exceed $23 200\nto the Council in respect of car parking facilities and access\npavements to be included in the recreation reserve;\n(g) maintain security surveillance of the building outside school\nhours; and\n(h) pay to the Company at times to be agreed between the State\nand the Committee which times shall be suitable to the\nfinancial needs of the Company acting in pursuance of this\nAgreement—\n(i) an amount equal to 64 per cent of the cost in each case\nof any maintenance renovation or repair of the\nbuilding as such works are recommended (with the\napproval of the State and the parish priest) from time\nto time by the Committee of Management to be\ncarried out by the Company;\n(ii) an amount equal to 50 per cent of the cost in each\nquarter, as such cost is assessed from time to time by\nthe Committee of Management, of daily operation of\nthe building such as cleaning, lighting and heating of\nthe building, rates and telephone charges;\n(iii) in each year an amount equal to 64 per cent of the cost\nfor that year of insurance against fire and peril;\n(iv) in each year an amount equal to 50 per cent of the cost\nfor that year of insurance against burglary theft and\nmalicious damage;\n(v) in each year an amount equal to a proportion of the\ncost for that year of public liability insurance which\nproportion shall be the same as the proportion of the\ntotal number of pupils at the two schools who are\nenrolled at the State school where in each year pupil\nenrolments at the two schools are or are deemed to be\nthose established at the school census taken in\nFebruary of that year;\n(vi) an amount equal to 50 per cent (or in any particular\ncase some other proportion agreed to by the parish\npriest) of the cost in each case of the employment of\nany administrative or educational staff employed by\nthe Company as recommended by the Committee of\nManagement and approved by the State and the parish\npriest.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n9\n5. Staff appointments\nWhen staff are appointed to the State school account shall be taken\nof the desirability that appointees be eligible for registration with\nboth the Primary Teachers Registration Board and the Council of\nPublic Education.\nDivision B—Obligations of the Roman Catholic Trusts Corporation\n6. The Roman Catholic Trusts Corporation shall—\n(a) transfer at no cost to the Company the ownership of an area\nof 1302 square metres approximately of land at the south-\neast corner of its property (which land is marked on the\ndiagram on Part III) to the Company;\n(b) pay to the State an amount equal to 29 per cent of the cost of\ndesign and construction of the building;\n(c) pay to the Company at times to be agreed between the parish\npriest and the Committee which times shall be suitable to\nthe financial needs of the Company acting in pursuance of\nthis Agreement—\n(i) an amount equal to 36 per cent of the cost in each case\nof maintenance renovation or repair of the building as\nsuch works are recommended (with the approval of\nthe State and the parish priest) from time to time by\nthe Committee of Management to be carried out by\nthe Company;\n(ii) an amount equal to 50 per cent of the cost in each\nquarter, as such cost is assessed from time to time by\nthe Committee of Management, of daily operation of\nthe building such as cleaning lighting and heating of\nthe building, rates and telephone charges;\n(iii) in each year an amount equal to 36 per cent of the cost\nfor that year of insurance against fire and peril;\n(iv) in each year an amount equal to 50 per cent of the cost\nfor that year of insurance against burglary, theft and\nmalicious damage;\n(v) in each year an amount equal to a proportion of the\ncost for that year of public liability insurance which\nproportion shall be the same as the proportion of the\ntotal number of pupils at the two schools who are\nenrolled at the Catholic school where in each year\npupil enrolments at the two schools are or are deemed\nto be those established at the school census taken in\nFebruary of that year;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n10\n(vi) an amount equal to 50 per cent (or in any particular\ncase some other proportion agreed to by the School\nCouncil) of the cost in each case of employment of\nany administrative or educational staff employed by\nthe Company as recommended by the Committee of\nManagement.\n7. When staff are appointed to the Catholic school account shall be\ntaken of the desirability that appointees be eligible for registration\nwith both the Primary Teachers Registration Board and the\nCouncil of Public Education.\nDivision C—Obligations of the Municipal Council of the City of\nDoncaster and Templestowe\n8. The Council shall—\n(a) sell to the State at the price found by the Valuer-General an\narea of 1470 square metres approximately of land at the\nnorth-east corner of the recreation reserve (which land is\nmarked on the diagram on Part III);\n(b) grant to the Company such rights of way over land owned\nby the Council as are necessary to enable the Company to\ngain title to the land and access to the building to be\nconstructed thereon;\n(c) design and construct the recreation reserve at its own\nexpense in co-ordination with the design of the building;\n(d) include in the design and construction of the recreation\nreserve car parking facilities and access pavements which\nwill be available for use by the schools during school hours;\n(e) be wholly responsible for the implementation and cost of\nmaintenance repair and upkeep of the reserve;\n(f) permit the schools to use the recreation reserve in school\nhours;\n(g) regularly advise the Committee of the times and conditions\nof use of the recreation reserve and the change-room and\ntoilet facilities of the building which the Council has\narranged;\n(h) pay to the State an amount equal to 13 per cent of the cost of\ndesign and construction of the building;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n11\n(i) pay to the Company any excessive operational costs which\nare agreed between the Council and the Committee as\nhaving been incurred in relation to any use of the change-\nroom and toilet facilities of the building which the Council\nhas arranged.\nDivision D—Obligations of the Company\n9. The Company shall—\n(a) manage and operate the building erected on the land which\nunder this Agreement is vested in the company in\naccordance with this Agreement;\n(b) receive, hold and expend funds as directed from time to time\nby the Committee of Management;\n(c) take out insurances to provide cover of the building against\nfire and peril, cover of the furniture and equipment in the\nbuilding against burglary theft and malicious damage and\ncover of all parties both separately jointly and also in case of\nliability between or amongst the parties against public\nliability;\n(d) present a copy of its annual report and balance sheet to the\nCommittee;\n(e) make its records available at all times for inspection by any\nmember of the Committee;\n(f) from time to time at the direction of the Committee perform\nother functions in pursuance of this Agreement; and\n(g) act only in pursuance of this Agreement.\nDivision E—Committee of Management\n10. Committee of Management\nFor the purposes of this Agreement there shall be established a\nCommittee of Management.\n11. Functions of Committee\nThe functions of the Committee are—\n(a) to arrange the management and operation of the building;\nand\n(b) to determine all matters concerning the use of the facilities\nof the building and the recreation reserve—\nin accordance with this Agreement.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n12\n12. Membership\n(1) The Committee shall consist of nine members of whom—\n(a) one shall be the principal for the time being of the\nState school;\n(b) one shall be the principal for the time being of the\nCatholic school;\n(c) two shall be appointed by the Minister after he has\nconsidered any recommendations made by the State\nSchool Council;\n(d) two shall be appointed by the parish priest; and\n(e) three shall be appointed by the Council.\n(2) A member of the Committee appointed under paragraph (c),\n(d) or (e) of sub-section (1) shall hold office for a period not\nexceeding one year but shall be eligible for re-appointment.\n(3) At each annual general meeting the members of the\nCommittee shall appoint—\n(a) from among their number—\n(i) a Chairman;\n(ii) a Treasurer; and\n(iii) a Secretary;\nand\n(b) such other officers as the Committee deems\nnecessary—\nwho shall hold office until the next annual general meeting.\n(4) A member of the Committee may resign his office by\nwriting signed by him and delivered to the Committee.\n(5) In the case of the illness or absence of an appointed member\nor in the case of a vacancy in the office of an appointed\nmember the person or body responsible for the appointment\nof that member may, subject to this section, appoint some\nsuitable person to act as the deputy of that member during\nthat illness or absence or until that vacancy is filled (as the\ncase may be) and the deputy may exercise the powers and\nperform the duties of that member accordingly.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n13\n(6) If any appointed member of the Committee—\n(a) is absent without permission of the Committee from\nthree consecutive meetings of the Committee;\n(b) becomes bankrupt or his property becomes in any\nmanner subject to control under the law relating to\nbankruptcy;\n(c) is convicted of an indictable offence or of an offence\nwhich, if committed in Victoria, would be an\nindictable offence;\n(d) becomes incapable of performing the duties of his\noffice;\n(e) is removed from office or resigns his office; or\n(f) dies—\nhis office as a member of the Committee shall become\nvacant.\n13. Meetings\n(1) The Committee shall meet at least once a month between\n1 February and 31 December and the Secretary shall give\nmembers at least three days' notice that a meeting is to be\nheld.\n(2) In July of each year the committee shall hold an annual\ngeneral meeting which shall be open to the public.\n(3) The Chairman shall give fourteen days' notice of an annual\ngeneral meeting—\n(a) to all members of the Committee; and\n(b) to the public by causing an advertisement to be\npublished in a daily newspaper circulating throughout\nVictoria and in a newspaper circulating in the area of\nDoncaster and Templestowe.\n(4) The Chairman shall preside at a meeting of the Committee\nat which he is present and if he is not present at a meeting\nthe members present shall elect one of their number to\npreside at the meeting.\n(5) Five members of the Committee shall constitute a quorum.\n(6) Subject to the presence of a quorum the Committee may act\nnotwithstanding any vacancy in its membership.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n14\n(7) A matter arising at a meeting of the Committee shall be\ndetermined by a majority of the votes of the members of the\nCommittee present and voting.\n(8) In the event of—\n(a) an equality of votes on a matter arising at a meeting of\nthe Committee; or\n(b) a challenge by one of the parties to the Agreement in\nrelation to a determination of a matter by the\nCommittee—\nthe Chairman shall convene an extraordinary meeting of the\nCommittee to deal with that matter.\n(9) The Chairman shall give to all members of the Committee\nseven days' notice of an extraordinary meeting and shall\nspecify in the notice the matter with which the meeting is to\ndeal.\n(10) No business shall be transacted at an extraordinary meeting\nunless all members of the Committee are present.\n(11) An act or decision of the Committee shall not be invalid by\nreason only of a defect or irregularity in or in connexion\nwith the appointment of a member of the Committee or, in\nthe case of a person appointed to act as a member, on the\nground that the occasion for his so acting had not arisen or\nhad ceased.\n(12) Subject to this Agreement the Committee may regulate its\nown proceedings.\n14. Moneys\n(1) All moneys received or collected by the Committee shall be\npaid to the Company.\n(2) Upon a direction from the Committee the Company shall in\ncompliance with the direction apply moneys from the funds\nwhich it holds.\n15. Application of moneys\nThe Committee may direct that the Company apply from the funds\nheld by the Company moneys for and towards the cost of—\n(a) daily maintenance, cleaning, lighting, heating and incidental\ncharges in relation to the building;\n(b) administrative expenses of the Committee including the\nappointment of administrative and educational staff;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n15\n(c) maintenance renovation and repair of buildings fittings\nequipment or sports fields;\n(d) other purposes which may arise in the course of any action\nof the Committee in accordance with this Agreement; and\n(e) other purposes which may be agreed to from time to time by\nthe State, the Roman Catholic Trusts Corporation and the\nCouncil.\n16. Financial report and budget\n(1) At the beginning of each quarter of the financial year the\nCommittee shall prepare a financial report and budget\nshowing details of—\n(a) receipts and expenditures in the preceding quarter;\n(b) expected receipts and expenditures for the current\nquarter; and\n(c) details of payments due under this Agreement in\nrespect of the preceding and current quarters from—\n(i) the State;\n(ii) the Roman Catholic Trusts Corporation; and\n(iii) the Council.\n(2) The Committee shall forward a copy of the financial report\nand budget to each of the parties to the Agreement.\n17. Agreements\n(1) Subject to this clause the Company at the direction of the\nCommittee may enter into agreements or arrangements for\nthe use of the building and the recreation reserve with the\nparties to the Agreement and with other persons or groups.\n(2) Subject to this clause, the Company at the direction of the\nCommittee may charge persons or groups who are not a\nparty to the Agreement a fee for the use of the building or\nrecreation reserve.\n(3) The use of the recreation reserve and the toilet and change-\nroom facilities of the building outside of school hours may\nbe arranged by the Council as it sees fit and the Company\nshall not charge any fee for any such use arranged by the\nCouncil.\n(4) Any use of the building or the recreation reserve in school\nhours shall be subject to the approval of the State School\nCouncil and of the equivalent body in relation to the\nCatholic school (or the parish priest).\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n16\n18. Duties of the Committee\nThe Committee shall arrange and administer in accordance with\nthis Agreement—\n(a) all matters of daily cleaning lighting heating and\nmaintenance of the building;\n(b) general maintenance renovation and repair of the building,\nfittings, equipment and sports fields;\n(c) any supervision of the use of the building or security\nprocedures it deems necessary which are not provided by the\nState;\n(d) the use of the building;\n(e) the keeping of records of—\n(i) the decisions of the Committee;\n(ii) agreements made with the parties to the Agreement or\nwith other persons or groups for the use of the\nbuilding and recreation reserve;\n(iii) all receipts and expenditures.\nDivision F—General\n19. Force majeure\n(1) This Agreement is made subject to any delay in the\nperformance of any obligation or duty under this Agreement\nwhich may be occasioned by or arise from any\ncircumstances whatsoever beyond the power and control of\nthe party responsible for the performance of such obligation\nincluding but without limiting the generality of the\nforegoing delay caused by or arising out from act of God,\nact of war, force majeure, act of public enemies, industrial\ndisputes, restraint or labour or other similar acts, whether\npartial or general, shortage of essential materials from the\nusual source of supply, reasonable failure to secure or delays\nof contractors, riots and civil commotion and a failure by\nany party or instrument appointee or representative of any\nparty to perform its or his obligations for any such reason\nshall not be deemed a breach of this Agreement and such\nobligation or duty shall be performed within a reasonable\nperiod following the cessation of the circumstances which\nso delay it.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n17\n(2) A party to the Agreement may from time to time enter into\nagreements or arrangements for better giving effect to the\nprovisions of this Agreement.\n(3) If—\n(a) the Company enters into liquidation (other than a\nvoluntary liquidation for the purpose of\nreconstruction); or\n(b) the State, the Council, the Roman Catholic Trusts\nCorporation or the Company abandons or repudiates\nthis Agreement—\nany other party to this Agreement may by notice in writing\ndetermine this Agreement but such determination shall not\naffect the enforcement of any right obligation or liability\ntheretofore acquired accrued or incurred.\n(4) If the State, the Council or the Roman Catholic Trusts\nCorporation abandons or repudiates or withdraws from this\nAgreement, compensation for the financial interest of that\nparty in the building its furnishings or fittings and the time\nconditions and manner by which such compensation is to be\nmade will be determined subject to sub-section (5) by an\narbitrator appointed pursuant to this Agreement and the\nAgreement shall then be deemed to be varied accordingly.\n(5) Upon a determination of this Agreement—\n(a) the State shall be deemed to be entitled to an amount\nequal to—\n(i) 58 per cent of the value of the building; and\n(ii) 66·7 per cent of the value of the land owned by\nthe Company;\n(b) The Roman Catholic Trusts Corporation shall be\ndeemed to be entitled to an amount equal to—\n(i) 29 per cent of the value of the building; and\n(ii) 33·3 per cent of the value of the land owned by\nthe Company; and\n(c) the Council shall be deemed to be entitled to an\namount equal to 13 per cent of the value of the\nbuilding—\nunless otherwise determined by an arbitrator appointed\npursuant to this Agreement, and any other assets of the\nCompany shall be distributed according to the Articles of\nAssociation of the Company.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n18\n(6) If there shall be any difference or dispute between or\namongst the parties to this Agreement or the Committee or\nits members any such party (or person or persons as the case\nmay be) may give notice to any other party or person of the\ndifference or dispute and if the difference or dispute is not\nsettled within one month after service of the notice—\n(a) that matter shall be referred to an arbitrator appointed\nby agreement of the Minister of Education together\nwith the Minister for Local Government and the\nCatholic Archbishop of Melbourne, such appointment\nto be made within two months after service of the\nnotice; and\n(b) the provisions of the Arbitration Act 1958 (as\namended) shall apply to the reference as if it were a\nreference by consent under that Act.\n(7) Any notice consent or other writing authorized or required\nby this Agreement to be given or sent shall be deemed to\nhave been duly given or sent—\n(a) by the State if signed by the Minister or another\nMinister of the Crown acting on his behalf;\n(b) by the Roman Catholic Trusts Corporation if signed\nby the Catholic Archbishop of Melbourne;\n(c) by the Council if signed by the Town Clerk of the\nCity of Doncaster and Templestowe;\n(d) by the Company if signed by a director or the\nSecretary of the Company in the State;\n(e) by the Committee if signed by the Chairman or\nSecretary of the Committee—\nand forwarded by prepaid post to the party or person to\nwhom notice is to be given and any such notice consent or\nwriting shall be deemed to have been duly given or sent on\nthe day on which it would be delivered in the ordinary\ncourse of the post.\n20. Interpretation of Agreement\nThis Agreement shall be governed and interpreted according to the\nlaws applying in the State of Victoria.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n19\nPART III\nDIAGRAM OF LAND\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n20\nIN WITNESS WHEREOF the parties hereto have executed this Agreement\nthe day and year first hereinbefore written\nSIGNED SEALED AND DELIVERED\nby the said A. J. HUNT\nMinister of Education for the State of Victoria\nin the presence of: I. J. WYKES\n\n\n\n\nA. J. HUNT\nTHE COMMON SEAL OF THE ROMAN\nCATHOLIC TRUSTS CORPORATION FOR\nTHE DIOCESE OF MELBOURNE was\nhereunto affixed by its order in the presence of:\nT. F. LITTLE\nP. J. CONNORS\nR. J. DEAL\nCORPORATION TRUSTEES\n\n\n\n\n\n\n\n\n(L.S.)\nTHE COMMON SEAL OF THE MAYOR\nCOUNCILLORS AND CITIZENS OF THE\nCITY OF DONCASTER AND\nTEMPLESTOWE was hereunto fixed, in the\npresence of:\n\n\n\n\n\n\n\nE. A. M. AJANI,\nMayor\nP. J. MULCAHY,\nCouncillor\nG. J. MORTON\nTown Clerk\n(L.S.)\nTHE COMMON SEAL OF SERPELL\nCOMMUNITY PROJECT PTY. LIMITED\nwas hereunto fixed, in the presence of:\n\n\n\n\n\nJ. SYME, Director\nG. E. Morgan,\nSecretary\n(L.S.)\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n21\nENDNOTES\n1. General Information\nThe Serpell Joint Schools Act 1981 was assented to on 15 December 1981\nand came into operation on 24 March 1982: Government Gazette 24 March\n1982 page 809.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n22\n2. Table of Amendments\nThere are no amendments made to the Serpell Joint Schools Act 1981 by\nActs and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsSerpell Joint Schools Act 1981\nAct No. 9636/1981\n23\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: ratifying and giving legal effect to the specific 1981 Agreement for the Serpell Joint Schools facility. The scope has not expanded beyond this single, localized arrangement between the specific parties named. No amendments have been made since enactment."},"complexity_factors":["Multiple interlocking parties with different obligations (State, Catholic Trusts, Council, and Company)","Detailed percentage-based cost-sharing formulas (58%/29%/13% for construction; varying percentages for maintenance, insurance, and operations)","Conditional commencement provisions (Part II of Agreement only takes effect after specific share issuance)","Complex governance structure with 9-member Committee of Management, specific appointment processes, and detailed meeting procedures","Arbitration clauses for dispute resolution and specific asset distribution formulas upon termination","Cross-references between the Act and the scheduled Agreement (definitions in Act refer to Agreement meanings)","Force majeure clause covering broad range of circumstances beyond parties' control"],"plain_english_summary":"This is a Victorian law from 1981 that gives legal force to a unique partnership between the State Government, the Catholic Church, and a local council to build and share a school facility in Templestowe, Melbourne.\n\n**What it does:**\nThe Act ratifies (gives official legal approval to) a complex agreement where four parties work together:\n- The **State of Victoria** (through the Education Minister)\n- The **Roman Catholic Trusts Corporation** (representing the Catholic Church)\n- The **City of Doncaster and Templestowe** (the local council)\n- **Serpell Community Project Pty Ltd** (a company set up to own and manage the building)\n\n**The arrangement:**\n- A single building is constructed to house **two schools**: a government primary school (State School No. 5168) and a Catholic primary school (St Kevin's).\n- The **State** contributes 58% of construction costs, the **Catholic Trusts** pay 29%, and the **Council** pays 13%.\n- The **Company** owns the building and manages it day-to-day.\n- A **Committee of Management** (with 9 members representing all parties) decides how the building is used.\n- The **Council** provides a nearby sports reserve for both schools to use during school hours.\n\n**Who it affects:**\n- Students and staff of both Serpell Primary School and the Catholic school\n- Local residents who use the sports reserve and community facilities\n- The three funding parties, who must continue contributing to maintenance, insurance, and operating costs according to set percentages\n\n**Why it matters:**\nThis was an innovative (and rare) example of \"joint-use\" or \"shared facilities\" in Australian education. Instead of building two separate schools, the parties pooled resources to create one facility serving both government and non-government students. The Act ensures the agreement is legally binding and enforceable, with special rules for what happens if any party pulls out (including arbitration and compensation formulas). It also gives the Company special legal protections similar to government bodies."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited information available, there is no evidence that the scope of this Act has changed from its original intent. It appears to have been made in 1981 and remains in force in substantially its original form, suggesting it continues to serve its initial purpose of formalising a joint schools arrangement at Serpell."},"complexity_factors":["Very limited legislative text was provided — only metadata and version history, making full analysis impossible","Appears to be a narrow, single-purpose piece of local legislation with a specific and contained subject matter","Joint schools arrangements can involve some complexity around governance, land tenure, and liability, but tend to be administratively straightforward in practice","The Act has remained in force since 1981 with no apparent amendments noted, suggesting it is relatively stable and uncomplicated"],"plain_english_summary":"The Serpell Joint Schools Act 1981 appears to set up a formal joint-schools arrangement at Serpell, giving legal standing to shared operation, facilities, or administration. It primarily affects students, parents, staff, school governing bodies and Victorian education authorities by clarifying responsibilities for the cooperative venture."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act does not alter the Agreement's substantive scope; it ratifies and gives legal effect to the Agreement set out in the Schedule, empowering Ministers and public bodies to implement its land transfers, cost allocations and governance arrangements as written."},"complexity_factors":["Statutory ratification of a detailed private agreement (s 4; Schedule) creates a hybrid public–private legal framework.","Multiple parties with distinct roles and land transfers: State, Roman Catholic Trusts Corporation, municipal Council, and a private Company (Schedule, cl 4–9).","Detailed, percentage‑based cost‑sharing for construction, maintenance, operations and insurance across parties (Schedule, cl 4(e),(h); cl 6; cl 8(h)).","Creation of a nine‑member Committee with specified appointment rules, quorum, meeting and voting procedures that govern operational discretion (Schedule, cl 10–13).","Delegation and appointment powers vested in Ministers and public officers; Ministers and public statutory corporations are authorised to implement the Agreement (s 4(2); Schedule, cl 12(c)).","Company granted privileges and immunities of a Crown instrumentality (s 5) — affects liability and operational governance.","Detailed dispute resolution and termination provisions, including arbitration mechanics and valuation entitlements on determination (Schedule, cl 19(3)–(6)).","Cross‑references to other statutory regimes (e.g. Education Act registration expectations for staff — Schedule, cl 5 and cl 7), increasing regulatory interactions.","Operational delegation allowing the Company to enter agreements, charge fees, and manage funds subject to Committee directions (Schedule, cl 17, cl 14–15).","Use of Valuer‑General pricing for land transactions and specified timelines/procedures increases administrative steps (Schedule, cl 4(a), cl 8(a))."],"plain_english_summary":"This Act gives legal force to an agreement between the State of Victoria, the Roman Catholic Trusts Corporation, the City of Doncaster and Templestowe, and Serpell Community Project Pty Ltd to build, own and operate a shared school and community building. It transfers specified land to the company, allocates construction and running costs by fixed percentages, and makes the company an instrumentality of the Crown.\n\nA nine‑member Committee will manage facility, budgets, insurance and operations; the Act sets meeting/reporting rules, cost‑sharing, dispute resolution and authorises ministers to carry out the Agreement."}},"importantCases":[],"_links":{"self":"/api/acts/serpell-joint-schools-act-1981","history":"/api/acts/serpell-joint-schools-act-1981/history","analysis":"/api/acts/serpell-joint-schools-act-1981/analysis","conflicts":"/api/acts/serpell-joint-schools-act-1981/conflicts","importantCases":"/api/acts/serpell-joint-schools-act-1981/important-cases","documents":"/api/acts/serpell-joint-schools-act-1981/documents"}}