Subdiv 3Functions and powers of governing councils and affiliated committees

Subdivision 3—Functions and powers of governing councils and affiliated committees 41—Functions and powers of governing councils and affiliated committees (1) Subject to this Act, the governing council of a school— (a) is jointly responsible with the principal of the school for the governance of the school; and (b) is to fulfil the roles specified in the constitution of the governing council in respect of— (i) strategic planning for the school; and (ii) determining policies for the school; and (iia) the education, care, development, recreation, health or welfare of students outside of school hours; and (iii) determining the application of the total financial resources available to the school; 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. (2) Subject to this Act, an affiliated committee has such functions and powers as may be conferred on it— (a) by or under this Act; or (b) by the governing council with which it is affiliated; or (c) by its constitution. 42—Limitations on powers of governing councils and affiliated committees (1) The governing council of a school 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 school may only borrow money with the Minister's written consent. (3) The governing council of a school or an affiliated committee must not interfere, or take any action that interferes, with— (a) the provision, or the day-to-day management of the provision, of instruction in the school in accordance with the curriculum determined by the Chief Executive; or (b) the administration of discipline to students enrolled at or attending the school. (4) The governing council of a school or an affiliated committee must not give directions to the principal, or any other member of the staff of the school (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 school or an affiliated committee against the principal or any other member of the staff of the school (other than an employee of the governing council) must— (a) in the case of a complaint against the principal—be passed on without comment to the Chief Executive; and (b) in any other case—be passed on without comment to the principal of the school. (6) The Treasurer may guarantee repayment by the governing council of a school 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).