sec.109Initial constitution

sec.109 Initial constitution

A State school’s principal must prepare a draft constitution for a proposed school council for the school. Section 95 (1) to (3) and (5) apply to the preparation as if a reference to a school council amending its constitution were a reference to the school’s principal preparing the proposed council’s draft constitution. In preparing the draft constitution, the principal— must consult with— the parents of children attending the school; and the school’s staff and students; and may consult with other appropriate entities. If there is an association formed for the school, the president of the association must, under the association’s constitution, call a special meeting of the association (the association meeting ) for approving the draft constitution. The principal must call the following meetings for approving the draft constitution— if there is no association formed for the school—a meeting of the parents of children attending the school (the parent meeting ); a meeting of the school’s staff (the staff meeting ). The chief executive may not establish a school council for the school unless the association meeting or parent meeting, and the staff meeting, are called and the draft constitution is approved as follows— if there is an association formed for the school—by secret ballot by a majority of the association’s members attending the association meeting; if there is no association formed for the school—by secret ballot by a majority of the parents attending the parent meeting; by secret ballot by a majority of the staff attending the staff meeting. However, the chief executive may establish a school council for the school, even though the draft constitution is not approved under subsection (6) , if the chief executive— is satisfied of each of the following— if there is an association formed for the school and the association did not approve the draft constitution under subsection (6) —there were at least 3 association meetings held to discuss the draft constitution during a 3-month period; if there is no association formed for the school and the parents of children attending the school did not approve the draft constitution under subsection (6) —there were at least 3 parent meetings held to discuss the draft constitution during a 3-month period; if the school’s staff did not approve the draft constitution under subsection (6) —there were at least 3 staff meetings held to discuss the draft constitution during a 3-month period; and has had regard to the concerns of the association, parents or staff raised at the meetings at which the draft constitution was not approved. The approved constitution applies to the council on its establishment. s 109 amd 2025 No. 24 s 24 (uncommenced amendment) (sec.109-ssec.1) A State school’s principal must prepare a draft constitution for a proposed school council for the school. (sec.109-ssec.2) Section 95 (1) to (3) and (5) apply to the preparation as if a reference to a school council amending its constitution were a reference to the school’s principal preparing the proposed council’s draft constitution. (sec.109-ssec.3) In preparing the draft constitution, the principal— must consult with— the parents of children attending the school; and the school’s staff and students; and may consult with other appropriate entities. (sec.109-ssec.4) If there is an association formed for the school, the president of the association must, under the association’s constitution, call a special meeting of the association (the association meeting ) for approving the draft constitution. (sec.109-ssec.5) The principal must call the following meetings for approving the draft constitution— if there is no association formed for the school—a meeting of the parents of children attending the school (the parent meeting ); a meeting of the school’s staff (the staff meeting ). (sec.109-ssec.6) The chief executive may not establish a school council for the school unless the association meeting or parent meeting, and the staff meeting, are called and the draft constitution is approved as follows— if there is an association formed for the school—by secret ballot by a majority of the association’s members attending the association meeting; if there is no association formed for the school—by secret ballot by a majority of the parents attending the parent meeting; by secret ballot by a majority of the staff attending the staff meeting. (sec.109-ssec.7) However, the chief executive may establish a school council for the school, even though the draft constitution is not approved under subsection (6) , if the chief executive— is satisfied of each of the following— if there is an association formed for the school and the association did not approve the draft constitution under subsection (6) —there were at least 3 association meetings held to discuss the draft constitution during a 3-month period; if there is no association formed for the school and the parents of children attending the school did not approve the draft constitution under subsection (6) —there were at least 3 parent meetings held to discuss the draft constitution during a 3-month period; if the school’s staff did not approve the draft constitution under subsection (6) —there were at least 3 staff meetings held to discuss the draft constitution during a 3-month period; and has had regard to the concerns of the association, parents or staff raised at the meetings at which the draft constitution was not approved. (sec.109-ssec.8) The approved constitution applies to the council on its establishment.