Subdiv 2Approval and amendment of constitutions

Subdivision 2—Approval and amendment of constitutions 39—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 school or an affiliated committee. (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) in the case of a constitution of a governing council— (i) a provision requiring the governing council to participate in a scheme for the resolution of disputes between the governing council and the principal of the school; and (ii) 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 (c) any other information or provisions that the Minister may reasonably require (including, in the case of a governing council of a school, 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. 40—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 school or an affiliated committee. (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) The Minister may, by notice in writing, direct the governing council of a school or an affiliated committee 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 or affiliated committee setting out the proposed amendments at least 3 months before the direction is given; and (b) has had regard to any submissions made by the governing council or affiliated committee (as the case requires) made before the date specified in the notice. (5) Subject to this Act, the governing council of a school or an affiliated committee 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.