Subdiv 6Governing Councils Legal Fund

Subdivision 6—Governing Councils Legal Fund 46—Interpretation In this Subdivision— Crown Solicitor has the same meaning as in the Crown Proceedings Act 1992; Fund means the Governing Councils Legal Fund established under section 47. 47—Governing Councils Legal Fund (1) There will be a fund kept in a separate account at the Treasury to be called the Governing Councils Legal Fund. (2) The Fund consists of— (a) the money provided by Parliament for the purposes of the Fund; and (b) any money paid into the Fund under this or any other Act. (3) Any money standing to the credit of the Fund that is not for the time being required for the purposes of this Act may be invested by the Treasurer. (4) Income from investment of the Fund will, at the direction of the Treasurer, be paid into the Fund or into the Consolidated Account. (5) A deficiency in the Fund will be met from the Consolidated Account. 48—Payments from Fund (1) The Fund is to be applied as follows: (a) as payment for the costs of independent legal advice incurred, or to be incurred, by the governing council of a school in relation to a dispute between the governing council and the Department; (b) as payment of the expenses of administering the Fund; (c) as may otherwise be authorised by or under this or any other Act. (2) The governing council of a school may, in a manner and form determined by the Crown Solicitor, apply to the Crown Solicitor for approval of a payment from the Fund under subsection (1)(a). (3) The Crown Solicitor may refer an application by a governing council under subsection (2) for determination by such other person as is nominated by the Crown Solicitor (a nominated person). (4) A payment may only be made from the Fund under subsection (1)(a) with the approval of the Crown Solicitor or a nominated person. (5) A governing council making an application for payment from the Fund must provide the Crown Solicitor or a nominated person (as the case requires) with such information or documents as may reasonably be required to enable the Crown Solicitor or the nominated person to determine the application. (6) The Crown Solicitor or a nominated person (as the case requires) must approve the payment from the Fund under subsection (1)(a) if the Crown Solicitor or the nominated person is satisfied that— (a) there is a genuine dispute between the governing council and the Department that is not trivial, frivolous or vexatious; and (b) it is necessary or appropriate that the governing council seek independent legal advice in relation to the dispute; and (c) the legal advice is, or is to be, provided by a legal practitioner with the appropriate skills and experience; and (d) the costs of the independent legal advice incurred, or to be incurred are reasonable. (7) In performing a function under this section, the Crown Solicitor or a nominated person (as the case requires) is, despite the Public Sector Act 2009 or any other Act or law, independent of direction or control by the Crown or any Minister or officer of the Crown. (8) Nothing in this section prevents a governing council from seeking any legal advice it thinks fit. 49—Accounts The Minister must cause proper accounts to be kept of money paid into and payments made from the Fund. 50—Audit of Fund The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund. Division 3—Amalgamation and closure of schools 51—Amalgamation of schools (1) The Minister may amalgamate 2 or more schools— (a) if, in respect of each school to be amalgamated— (i) if the school is wholly or principally for adult students—a majority of the students enrolled in the school; or (ii) in any other case—a majority of the persons who are responsible for students enrolled in the school, indicate, in a manner and form determined by the Minister, that they support the amalgamation; or (b) after having regard to any recommendation of a review committee following a review under section 53. (2) The Minister must, as soon as reasonably practicable after making a decision to amalgamate 2 or more schools, give written notice of the decision and the reasons for it to— (a) the principal; and (b) the governing council, of each school to which the decision relates. (3) To avoid doubt, a Government school must not be amalgamated with a non-Government school. 52—Closure of schools (1) The Minister may close a school— (a) if— (i) the school is wholly or principally for adult students—a majority of the students enrolled in the school; or (ii) the school includes a school‑based preschool—a majority of the persons who are responsible for students enrolled in the school and a majority of the persons who are responsible for children attending the preschool; or (iii) in any other case—a majority of the persons who are responsible for students enrolled in the school, indicate, in a manner and form determined by the Minister, that they support the closure; or (b) after having regard to any recommendation of a review committee following a review under section 53. (2) The Minister must, as soon as reasonably practicable after making a decision to close a school, give written notice of the decision and the reasons for it to— (a) the principal of the school; and (b) the governing council of the school. (3) However, the Minister need not comply with the requirements of this section in relation to the temporary closure of a school in an emergency or for the purposes of carrying out building work. 53—Review of schools in a particular area (1) The Minister may cause a review to be conducted under this section for the purposes of— (a) considering all of the schools within an area determined by the Minister (the review area); and (b) addressing the question of whether all of those schools continue to be required and, if not, whether 1 or more schools should be amalgamated or closed (as the case requires). (2) The following provisions apply to a review under this section: (a) the Minister must give written notice of the review to— (i) the principal; and (ii) the presiding member of the governing council, of each school to which the review relates; (b) the Minister must, within 21 days of giving notice under paragraph (a)— (i) establish a review committee under section 54 to conduct the review (the review committee); and (ii) provide the review committee with the Minister's reasons for requiring the review; (c) the review must be conducted by the review committee; (d) the review committee must, in accordance with a scheme determined by the Minister— (i) call for public submissions on— (A) the present and future use of schools within the review area; and (B) the likely effect on schools outside the review area in the event of the amalgamation or closure (as the case requires) of a school or schools within the review area; and (ii) call for submissions from or meet with— (A) the governing council; and (B) teachers; and (C) a majority of the persons who are responsible for students; and (D) any other school staff, of each school within the review area; (e) the review committee must, in the course of the review, have regard to— (i) the educational, social and economic needs of the local communities within the review area and those of the State as a whole; and (ii) any other matter specified by the Minister, and may have regard to any other matter the review committee considers relevant; (f) the review must comply with any other requirement set out in the regulations. (3) A review committee must, no later than the date specified by the Minister (being not less than 3 months after the date on which the committee was established), submit to the Minister a written report setting out— (a) the findings of the review committee in respect of the review; and (b) the recommendations of the review committee in respect of the amalgamation or closure of any school within the review area (including, to avoid doubt, a recommendation that a school not be amalgamated or closed). (4) If a review committee has not provided a written report under subsection (3) within the period specified by the Minister, the review committee will be taken to have recommended that any amalgamation or closure (as the case requires) to which the review relates occur. 54—Review committees (1) The Minister may establish a committee (a review committee) to conduct a review under section 53. (2) A review committee will consist of the following members, appointed by the Minister: (a) at least 2 persons nominated by the Minister (1 of whom will be appointed by the Minister to be the presiding member); (b) — (i) if the review area under section 53 falls wholly or partly within the area of a local council—the principal member of the local council (or a person nominated by the principal member); or (ii) in any other case—a person nominated by the Minister to whom the administration of the Local Government Act 1999 is committed; (c) the Chief Executive or a person nominated by the Chief Executive; (d) a person (not being a teacher at a school to which the review relates) nominated by the Australian Education Union (SA Branch); (e) the principal of each school to which the review relates; (f) a person nominated by the governing council of each school to which the review relates. (3) If, after making a request by notice in writing, the Minister does not receive a nomination under subsection (2)(d) within the time specified in the notice (which must not be less than 14 days) the Minister may, in lieu of such a nominee, appoint a person who is a member of staff of a school to which the review relates in accordance with the regulations. (4) The total number of members appointed under subsection (2)(a) must not exceed the number gained by multiplying the number of schools to which the review relates by 2. (5) The Minister must appoint a member of a review committee, nominated by the presiding member, to be the deputy presiding member. (6) The terms and conditions of membership of a review committee will be as determined by the Minister. (7) A quorum of a review committee consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1. (8) Each member of a review committee is entitled to 1 vote on any question arising for decision by the committee. (9) A decision supported by a majority of the votes cast by members of the review committee present at a meeting of the committee is a decision of the committee. (10) The presiding member or, in the presiding member's absence, the deputy presiding member will preside at any meeting of a review committee. (11) The person presiding at a meeting of a review committee has, in addition to a deliberative vote, a casting vote in the event of an equality of votes. (12) An act or proceeding of a review committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. (13) Subject to this Act, a review committee may determine its own procedures. 55—Minister to report to Parliament if recommendations of review committee not followed If the Minister makes a decision that a school should be closed, or that 2 or more schools should be amalgamated, contrary to the recommendations of a review committee, the Minister must, within 3 sitting days of the decision, cause a copy of the review committee's report under section 53(3) and a statement of the reasons for the Minister's decision to be laid before each House of Parliament.