Div 2Stand‑alone preschools and children's services centres

Division 2—Stand‑alone preschools and children's services centres 18—Minister may establish stand‑alone preschools and children's services centres (1) The Minister may establish such stand‑alone preschools as the Minister thinks fit. (2) The Minister may establish such children's services centres as the Minister thinks fit. (3) A stand‑alone preschool or children's services centre may consist of such number of campuses or sites as the Minister thinks fit. (4) To avoid doubt, if a stand‑alone preschool or children's services centre consists of more than 1 campus or site, an individual campus or site will be taken not to constitute a separate preschool or children's services centre for the purposes of the Education and Early Childhood Services (Registration and Standards) Act 2011 or any other Act or law. 19—Governing councils of stand‑alone preschools and children's services centres (1) The Minister must, by notice in the Gazette, establish a governing council for each stand‑alone preschool or children's services centre. (2) Subject to this Act, the same body may be the governing council for 2 or more stand‑alone preschools or children's services centres, or a combination of stand‑alone preschools and children's services centres. (3) The governing council of a stand‑alone preschool or children's services centre— (b) has, subject to this Act and its constitution, all the powers of a natural person that are capable of being exercised by a body corporate; and (4) Except where the governing council adopts a constitution approved by the Minister under section 21, the governing council of a stand‑alone preschool or children's services centre is to operate under the model constitution for governing councils of the relevant kind. (5) Subject to this Act and its constitution, the governing council of a stand‑alone preschool or children's services centre may determine its own procedures. (6) The regulations may make further provision in relation to governing councils of stand‑alone preschools and children's services centres for the purposes of this Act. 20—Composition of governing councils of stand‑alone preschools and children's services centres (1) Subject to this Act, the governing council for a stand‑alone preschool or children's services centre consists of— (a) the director of the preschool or children's services centre (ex officio); and (b) such number of other persons as the Minister may from time to time determine, being persons elected or appointed in accordance with the governing council's constitution, or appointed by the Minister under this Act. (2) Subject to this Act, a majority of the persons appointed under subsection (1)(b) must be persons who are responsible for children attending, or who are to attend, the stand‑alone preschool or children's services centre. (3) The governing council of a stand‑alone preschool or children's services centre must, in accordance with the governing council's constitution, appoint or elect one of its members to be the presiding member of the governing council, being a person who— (a) is responsible for a child attending, or a child who is to attend, the stand‑alone preschool or children's services centre; and (b) is not a member of the staff of the stand‑alone preschool or children's services centre, (however, the governing council may, with the approval of the Chief Executive and until such time as a person who is not a person referred to in paragraph (b) is willing to be the presiding member, disregard the requirement under paragraph (b) if there is no other member willing to be the presiding member). (4) If an election of members of the governing council of a stand‑alone preschool or children's services centre fails because no person nominates, or an insufficient number of persons nominate, for the election, or no votes are cast in the election, then— (a) the Minister must conduct at least one supplementary election in accordance with the governing council's constitution; and (b) if that election or those elections also fail, the Minister may appoint such persons to the governing council as the Minister thinks fit (and subsection (2) will be taken not to apply in relation to the governing council in such a case). (5) To avoid doubt, subsection (4) applies despite any provision of a governing council's constitution to the contrary. 21—Approval of constitutions by Minister (1) The Minister may, on application or on the Minister's own motion, by notice in writing, approve a constitution to be adopted by the governing council of a stand‑alone preschool or children's services centre. (2) An application under subsection (1)— (a) must be made in a manner and form determined by the Minister; and (b) must be accompanied by a copy of the proposed constitution. (3) However, the Minister may only approve a constitution if the Minister is satisfied that the constitution contains— (a) the information and provisions required by the regulations in respect of a constitution of the relevant kind; and (b) a provision requiring the governing council to participate in a scheme for the resolution of disputes between the governing council and the director of the stand‑alone preschool or children's services centre; and (c) a provision requiring the members of the governing council to comply with a code of practice approved by the Minister under section 10(2)(b); and (d) any other information or provisions that the Minister may reasonably require (including provisions prohibiting the governing council from taking, or not taking, specified actions or otherwise limiting the powers that may be exercised by the governing council). (4) Nothing in this section requires the Minister to approve a particular constitution or a particular provision of a constitution. (5) The Minister must cause a copy of each constitution approved under this section, as in force from time to time— (a) to be kept available for public inspection during normal office hours at an office determined by the Minister; and (b) to be published on a website determined by the Minister. 22—Amendment of constitutions (1) The Minister may, if the Minister considers it necessary or appropriate to do so, by notice in the Gazette, amend the constitution of the governing council of a stand‑alone preschool or children's services centre. (2) An amendment of a constitution under subsection (1) has effect— (a) if the notice specifies a day on which the amendment is to have effect—from that day; or (b) if the notice does not specify such a day—from the day on which the notice is published in the Gazette. (3) Without limiting subsection (1), the Minister may, by notice in writing, direct the governing council of a stand‑alone preschool or children's services centre to make such amendments to its constitution as are specified in the notice. (4) However, the Minister must not give a direction under subsection (3) unless the Minister— (a) has given written notice to the governing council setting out the proposed amendments at least 3 months before the direction; and (b) has had regard to any submissions made by the governing council before the date specified in the notice. (5) Subject to this Act, the governing council of a stand‑alone preschool or children's services centre may amend its constitution in accordance with its constitution. (6) An amendment of a constitution under subsection (3) or (5) has no effect until it is approved by the Minister in accordance with any requirements set out in the regulations. 23—Functions and powers of governing councils Subject to this Act, the governing council of a stand‑alone preschool or children's services centre— (a) is jointly responsible with the director of the preschool or children's services centre for the governance of the preschool or children's services centre; and (b) is to fulfil the roles specified in the constitution of the preschool or children's services centre in respect of— (i) strategic planning for the preschool or children's services centre; and (ii) determining policies for the preschool or children's services centre; and (iii) determining the application of the total financial resources available to the preschool or children's services centre; and (iv) presenting operational plans and reports on its operations to the community and the Minister, and has such other functions and powers as may be conferred on it— (c) by or under this Act; or (d) by the Minister or the Chief Executive; or (e) by its constitution. 24—Limitations on powers of governing councils (1) The governing council of a stand‑alone preschool or children's services centre may only enter into a transaction involving the acquisition or disposal of real property with the Minister's written consent. (2) The governing council of a stand‑alone preschool or children's services centre may only borrow money with the Minister's written consent. (3) The governing council of a stand‑alone preschool or children's services centre must not interfere, or take any action that interferes, with— (a) in the case of a stand‑alone preschool—the provision, or the day-to-day management of the provision, of preschool education in the preschool; or (b) in the case of a children's services centre—the provision, or the day-to-day management of the provision, of children's services at the children's services centre; or (c) in any case—the administration of discipline to children attending the stand‑alone preschool or children's services centre. (4) The governing council of a stand‑alone preschool or children's services centre must not give directions to the director of the preschool or children's services centre or any other member of the staff of the preschool or children's services centre (other than an employee of the governing council), in relation to the manner in which the person carries out their duties. (5) A complaint received by the governing council of a stand‑alone preschool or children's services centre against the director or any other member of the staff of the preschool or children's services centre (other than an employee of the governing council) must— (a) in the case of a complaint against the director—be passed on without comment to the Chief Executive; and (b) in any other case—be passed on without comment to the director of the preschool or children's services centre. (6) The Treasurer may guarantee repayment by a governing council of a stand‑alone preschool or children's services centre of a loan (together with interest and incidental charges connected with the loan). (7) A liability of the Treasurer arising under a guarantee under this section will be satisfied out of the Consolidated Account (which is appropriated to the necessary extent).