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Western Australia School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Country High School Hostels Authority Act 1960 and regulations repealed 3. Country High School Hostels Authority Act 1960 repealed 3 4. Regulations repealed 3 Part 3 -- School Education Act 1999 amended 5. Act amended 4 6. Long title amended 4 7. Section 3 amended 4 8. Section 4 amended 4 9. Part 2 heading replaced 5 Part 2 -- Education of children during compulsory education period 10. Section 129 amended 5 11. Part 6A inserted 5 Part 6A -- Student residential colleges Division 1 -- Preliminary 213A. Terms used 6 Division 2 -- Establishment of student residential colleges 213B. Establishing student residential colleges 7 157--1 page i School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Contents 213C. Closing or amalgamating student residential colleges 7 Division 3 -- Administration of student residential colleges Subdivision 1 -- Operation and management 213D. Operation and management of student residential colleges 8 213E. Powers of Minister relating to student residential colleges 8 213F. Treasurer to consider proposals under s. 213E(2)(c) 9 213G. When money paid for advertising or sponsorship to be paid to student residential college's General Purposes Fund 10 213H. Sections 120 and 121 have effect in respect of student residential colleges 11 Subdivision 2 -- Regulations and code of conduct 213I. Regulations about student residential colleges 11 213J. Code of conduct for students 13 Subdivision 3 -- Power of Minister to grant licences 213K. Licences by Minister for use of tangible property relating to student residential colleges 14 213L. When money paid under licence to be paid to a General Purposes Fund 16 Division 4 -- LINC committees 213M. LINC committees 16 213N. Membership of LINC committees 17 213O. Functions of LINC committees 17 213P. Regulations about LINC committees 18 Division 5 -- Financial provisions Subdivision 1 -- Fund for each student residential college 213Q. General Purposes Fund for each student residential college 19 213R. Funds for other moneys received for a student residential college 19 213S. Management of college funds 19 213T. Money to be credited to college funds 20 213U. Bank account for college funds 21 213V. Financial Management Act 2006 s. 8 and 34, application of to s. 213Q to 213U 22 213W. Investment of college funds 22 213X. Dealing with college funds on closure or amalgamation of a college 22 page ii School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Contents Subdivision 2 -- Student Residential Colleges Fund 213Y. Student Residential Colleges Fund 23 213ZA. Minister's power to borrow money 24 12. Section 216 amended 24 13. Section 218 amended 24 14. Section 227 amended 24 15. Section 228 amended 25 16. Section 240 amended 25 17. Schedule 1 clause 1 amended 26 18. Schedule 1 clause 2 amended 26 19. Schedule 1 clause 23 amended 26 20. Schedule 1 Division 4 inserted 26 Division 4 -- Transitional provisions for the School Boarding Facilities Legislation Amendment and Repeal Act 2015 33. Terms used 26 34. Hostels 27 35. Hostel land 27 36. Former Authority abolished 28 37. Staff members of former Authority 28 38. Transfer of assets, liabilities, proceedings, remedies and immunities 28 39. Completion of things commenced 29 40. Continuing effect of things done 29 41. Exemption from State tax 30 42. Agreements, instruments and documents 30 43. Registration of documents 31 44. Saving 32 45. Transitional regulations 32 Part 4 -- Other Acts amended 21. Constitution Acts Amendment Act 1899 amended 34 22. Financial Management Act 2006 amended 34 23. Public Sector Management Act 1994 amended 34 24. Spent Convictions Act 1988 amended 34 page iii Western Australia LEGISLATIVE COUNCIL School Boarding Facilities Legislation Amendment and Repeal Bill 2015 A Bill for An Act to -- • amend the School Education Act 1999 to make provision for student residential colleges; and • repeal the Country High School Hostels Authority Act 1960 and regulations made under that Act; and • make consequential amendments to various other Acts, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the School Boarding Facilities Legislation Amendment 4 and Repeal Act 2015. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) Part 1 -- on the day on which this Act receives the 8 Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation, 10 and different days may be fixed for different provisions. page 2 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Country High School Hostels Authority Act 1960 and Part 2 regulations repealed s. 3 1 Part 2 -- Country High School Hostels Authority 2 Act 1960 and regulations repealed 3 3. Country High School Hostels Authority Act 1960 repealed 4 The Country High School Hostels Authority Act 1960 is 5 repealed. 6 4. Regulations repealed 7 These regulations are repealed: 8 (a) the Country High School Hostels Authority Act 9 Regulations 1960; 10 (b) the Country High School Hostels Authority Act 11 Regulations 1962. page 3 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 5 1 Part 3 -- School Education Act 1999 amended 2 5. Act amended 3 This Part amends the School Education Act 1999. 4 6. Long title amended 5 In the long title delete the 5th bullet point and insert: 6 7 • for the establishment and administration of student 8 residential colleges; and 9 10 7. Section 3 amended 11 In section 3(1): 12 (a) in paragraph (d) delete "education." and insert: 13 14 education; and 15 16 (b) after paragraph (d) insert: 17 18 (e) to provide for student residential colleges that 19 offer residential accommodation for students to 20 attend, and participate in an educational 21 programme of, a school. 22 23 8. Section 4 amended 24 In section 4 insert in alphabetical order: 25 26 student residential college has the meaning given in 27 section 213A; 28 page 4 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 9 1 9. Part 2 heading replaced 2 Delete the heading to Part 2 and insert: 3 4 Part 2 -- Education of children during 5 compulsory education period 6 7 10. Section 129 amended 8 In section 129(3) delete "subsection (1)" and insert: 9 10 subsection (2) 11 12 11. Part 6A inserted 13 After section 212 insert: 14 15 Part 6A -- Student residential colleges 16 What this Part is about 17 This Part provides for student residential colleges. 18 In particular it deals with -- 19 • the establishment of student residential colleges (Division 2); 20 • the administration of student residential colleges (Division 3); 21 • local input networking and communications committees (LINC 22 committees) for student residential colleges (Division 4); 23 • provisions for the management of college funds and funds 24 appropriated by Parliament for student residential colleges 25 (Division 5). page 5 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 11 1 Division 1 -- Preliminary 2 213A. Terms used 3 In this Part -- 4 code of conduct means the code of conduct issued 5 under section 213J; 6 college fund means the General Purposes Fund and a 7 fund referred to in section 213R; 8 General Purposes Fund, in relation to a student 9 residential college, means the fund referred to in 10 section 213Q; 11 joint arrangement means an arrangement entered into 12 by the Minister for purposes that are complementary 13 and beneficial to the functions conferred on the 14 Minister under this Part in relation to student 15 residential colleges and which involves any or all of the 16 following -- 17 (a) enabling any property vested in the Minister to 18 be used for the purposes of the arrangement 19 (joint use property); 20 (b) controlling and managing the use of joint use 21 property for the purposes of the arrangement; 22 (c) sharing the use of joint use property for the 23 purposes of the arrangement and for the 24 purposes of performing any of the functions 25 conferred on the Minister under this Part in 26 relation to student residential colleges; 27 LINC committee, in relation to a student residential 28 college, means the committee constituted for that 29 college under section 213M; 30 property has the meaning given in section 213; 31 student residential college means a student residential 32 college established under section 213B; page 6 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 11 1 Student Residential Colleges Fund means the account 2 established under section 213Y. 3 Division 2 -- Establishment of student 4 residential colleges 5 213B. Establishing student residential colleges 6 (1) The Minister may establish such student residential 7 colleges as the Minister considers necessary to provide 8 residential accommodation and related services for 9 students while they attend, and participate in an 10 educational programme of, a school. 11 (2) The Minister, in considering if it is necessary to 12 establish a student residential college, is to take into 13 account the following -- 14 (a) the social, cultural, lingual, economic or 15 geographic factors that might affect access to 16 school education for particular students; 17 (b) any other matter prescribed by the regulations. 18 (3) The Minister may assign a name to, or change the 19 name of, a student residential college. 20 213C. Closing or amalgamating student residential 21 colleges 22 (1) The Minister may on such terms and conditions as the 23 Minister thinks fit -- 24 (a) amalgamate 2 or more student residential 25 colleges; and 26 (b) close any student residential college either 27 temporarily or permanently. 28 (2) Before making a decision under subsection (1), the 29 Minister is to take into account the matters described in 30 section 213B(2). page 7 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 11 1 Division 3 -- Administration of student 2 residential colleges 3 Subdivision 1 -- Operation and management 4 213D. Operation and management of student residential 5 colleges 6 (1) The Minister is responsible for the operation and 7 management of student residential colleges. 8 (2) The responsibility of the Minister under subsection (1) 9 includes determining, implementing and monitoring 10 the standard of care provided to students at student 11 residential colleges. 12 213E. Powers of Minister relating to student residential 13 colleges 14 (1) The Minister may do all things necessary or convenient 15 to be done for the purposes of -- 16 (a) performing the functions conferred on the 17 Minister under this Part in relation to student 18 residential colleges; or 19 (b) carrying out joint arrangements. 20 (2) Without limiting subsection (1), the Minister may for 21 any of the purposes mentioned -- 22 (a) acquire, hold, manage, improve, develop and 23 dispose of property or an interest in property; 24 and 25 (b) accept any gift, grant, devise or bequest if it is 26 absolute or subject to conditions to which the 27 Minister agrees; and 28 (c) subject to section 213F, participate in any 29 business arrangement and acquire, hold and 30 dispose of shares, units or other interests in, or 31 relating to, a business arrangement; and page 8 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 11 1 (d) allow persons to undertake advertising or 2 sponsorship, of the kind and to the extent that is 3 authorised by regulations, in connection with 4 student residential colleges; and 5 (e) enter into any contract or arrangement; and 6 (f) use the expertise and resources of the 7 department to provide consultancy, advisory or 8 other services for profit. 9 (3) In exercising any power under this section the Minister 10 may act in conjunction with -- 11 (a) any person or firm, or a public authority; or 12 (b) any department of the Public Service or any 13 agency of the State or the Commonwealth. 14 (4) An agreement or arrangement for advertising or 15 sponsorship in relation to a student residential college 16 is not to be entered into by a person acting -- 17 (a) in exercise of the power conferred by 18 subsection (2)(d); and 19 (b) as a subdelegate of the Minister under 20 section 225, 21 unless the LINC committee for that college has 22 approved the agreement or arrangement. 23 (5) If a term is given a meaning in section 216(6), it has 24 the same meaning in subsection (2). 25 213F. Treasurer to consider proposals under s. 213E(2)(c) 26 (1) Before the Minister exercises any power conferred by 27 section 213E(2)(c) he or she is to -- 28 (a) notify the Treasurer of the proposal; and 29 (b) seek the Treasurer' s approval to it, 30 unless it is of a kind that the Treasurer has determined 31 in writing need not be so notified. page 9 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 11 1 (2) If the Treasurer approves the proposal, he or she may 2 impose requirements to be complied with by the 3 Minister in connection with it. 4 (3) The Treasurer may also give directions to be complied 5 with generally by the Minister in the exercise of the 6 powers referred to in subsection (1). 7 213G. When money paid for advertising or sponsorship to 8 be paid to student residential college's General 9 Purposes Fund 10 (1) Where -- 11 (a) an agreement or arrangement for advertising or 12 sponsorship in relation to a student residential 13 college is entered into -- 14 (i) in exercise of the power conferred by 15 section 213E(2)(d); and 16 (ii) as the subdelegate of the Minister under 17 section 225; 18 and 19 (b) the subdelegation expressly states that this 20 section is to apply, 21 any money payable for the advertising or sponsorship 22 is to be credited to the General Purposes Fund of the 23 college in accordance with section 213T(1)(d). 24 (2) The Minister is to ensure that a subdelegation does not 25 state that this section is to apply unless the application 26 of the section in the particular case is in accordance 27 with the fair distribution across student residential 28 colleges of the benefits of advertising and sponsorship. page 10 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 11 1 213H. Sections 120 and 121 have effect in respect of 2 student residential colleges 3 Sections 120 and 121 have effect in respect of a student 4 residential college as if references in those sections -- 5 (a) to a government school were to a student 6 residential college; and 7 (b) to a teacher included a person employed at a 8 student residential college; and 9 (c) to an authorised person, in relation to a 10 government school, were to -- 11 (i) a person authorised by the chief 12 executive officer to exercise the powers 13 conferred by this section in respect of a 14 student residential college; and 15 (ii) a person who belongs to a class of 16 persons so authorised. 17 Subdivision 2 -- Regulations and code of conduct 18 213I. Regulations about student residential colleges 19 (1) Regulations may be made in respect of student 20 residential colleges. 21 (2) Without limiting subsection (1), regulations may make 22 provision for, and in relation to, any or all of the 23 following -- 24 (a) agreements under which accommodation and 25 related services are provided at student 26 residential colleges (an agreement), including 27 any requirements as to any, or all, of the 28 contents of an agreement (including any 29 specific terms and conditions); 30 (b) kinds of, and limits to, the costs and charges 31 payable for accommodation and related 32 services provided under an agreement and any page 11 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 11 1 other matter relevant to such costs and charges 2 and their recovery; 3 (c) requirements as to the health and safety of 4 students boarding at student residential 5 colleges; 6 (d) the operation and management of student 7 residential colleges including -- 8 (i) the making of applications for places at 9 colleges and the offering of those places 10 based on the availability of suitable 11 accommodation and conformity with 12 any other criteria prescribed; 13 (ii) access to, and the use of, the facilities 14 and services of colleges; 15 (iii) the means by which disputes or 16 complaints about the operation or 17 management of a college, or the conduct 18 of any student, or person employed at a 19 college, may be dealt with. 20 (3) Regulations of the kind mentioned in 21 subsection (2)(d)(iii) may -- 22 (a) confer authority on the Minister to make 23 provision, by instrument published in the 24 Gazette, for a scheme for dealing with disputes 25 and complaints; and 26 (b) confer protection on persons in respect of 27 statements made or information given; and 28 (c) provide for the powers that may be exercised in 29 connection with the investigation and resolution 30 of disputes and complaints. page 12 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 11 1 (4) Regulations for the purposes of section 213E(2)(d) may 2 provide for -- 3 (a) the duration of an agreement or arrangement for 4 advertising or sponsorship in relation to a 5 student residential college; and 6 (b) naming rights in relation to advertising or 7 sponsorship in relation to a student residential 8 college; and 9 (c) the means of ensuring that advertising or 10 sponsorship in relation to a student residential 11 college does not interfere with the normal 12 operations of the college. 13 213J. Code of conduct for students 14 (1) The Minister is to prepare and issue a code of conduct 15 for students at student residential colleges. 16 (2) A code of conduct is to set out minimum standards of 17 conduct to be observed by students at student 18 residential colleges. 19 (3) A code of conduct may -- 20 (a) be about any aspect of the conduct of students 21 at student residential colleges; and 22 (b) set general principles to guide the behaviour of 23 students at student residential colleges; and 24 (c) make specific provision in respect of a 25 particular student residential college. 26 (4) The Minister may consult with any, or all, of the LINC 27 committees before issuing a code of conduct if the 28 Minister considers it necessary or desirable to do so. 29 (5) A code of conduct -- 30 (a) is to be published -- 31 (i) in the Gazette; and page 13 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 11 1 (ii) by any other means (including on the 2 Internet) that the Minister thinks fit; 3 and 4 (b) takes effect -- 5 (i) on the day it is published in the Gazette; 6 or 7 (ii) if a later day is stated in the code, on 8 that day. 9 (6) The Minister may amend a code of conduct in force 10 under subsection (1) or repeal it and substitute a new 11 code of conduct. 12 (7) Subsections (4) and (5) apply to and in relation to the 13 amendment or repeal of a code of conduct. 14 Subdivision 3 -- Power of Minister to grant licences 15 213K. Licences by Minister for use of tangible property 16 relating to student residential colleges 17 (1) This section applies to a licence granted by the 18 Minister to a person for the use of tangible property 19 vested in the Minister that relates to a student 20 residential college. 21 (2) A licence is not to be granted if the use of the property 22 would adversely affect the safety or welfare of students 23 or other persons residing or employed at the student 24 residential college to which the property relates. 25 (3) A licence -- 26 (a) must be in writing; and 27 (b) may provide for a payment to be made by the 28 licensee in connection with the use of the 29 property; and 30 (c) may provide for an amount of money to be paid 31 by the licensee as security for the performance page 14 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 11 1 of the licensee's obligations under the licence; 2 and 3 (d) is otherwise to be on such terms and subject to 4 such conditions as the Minister thinks fit. 5 (4) A licence granted for the use of property that is not in 6 use by the college to which the property relates -- 7 (a) is not to be granted for a period of more than-- 8 (i) in the case of a licence granted by a 9 subdelegate acting under section 225 -- 10 2 years; or 11 (ii) otherwise -- 5 years; 12 and 13 (b) may be renewed once or more than once for a 14 period or successive periods, each not 15 exceeding the period allowed under 16 paragraph (a)(i) or (ii). 17 (5) The use of property in respect of which a licence 18 referred to in subsection (4) applies must not interfere 19 with the normal operations of the student residential 20 college to which the property relates. 21 (6) A licence granted for the purposes of a joint 22 arrangement may provide for all things necessary or 23 convenient to be done for the purpose of furthering the 24 joint arrangement, including -- 25 (a) the establishment, composition, powers and 26 duties of a management committee to manage 27 and control the use of the property in 28 accordance with the licence and the joint 29 arrangement; and 30 (b) setting out how the property is to be shared and 31 how disputes as to the use of the property are to 32 be resolved; and page 15 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 11 1 (c) the provision of facilities relating to the 2 property; and 3 (d) payment to be made to the Minister by the 4 licensee by way of contribution towards the 5 costs incurred in the provision of any facilities; 6 and 7 (e) the appointment and remuneration of staff with 8 respect to the use of the property and any 9 facilities. 10 213L. When money paid under licence to be paid to a 11 General Purposes Fund 12 Where a licence under section 213K for the use of 13 tangible property vested in the Minister that relates to a 14 student residential college -- 15 (a) requires an amount of money to be paid in 16 accordance with section 213K(3)(b) or (c); and 17 (b) is granted by a subdelegate of the Minister 18 acting under section 225 and the subdelegation 19 expressly states that this section is to apply, 20 subject to section 213S(4), the money is to be credited 21 to the General Purposes Fund of the college in 22 accordance with section 213T(1)(d). 23 Division 4 -- LINC committees 24 213M. LINC committees 25 (1) Each student residential college is to have a local input 26 networking and communications committee (LINC 27 committee). 28 (2) It is sufficient compliance with subsection (1) for 2 or 29 more colleges, with the approval of the Minister, to 30 have one LINC committee that operates for those 31 colleges jointly. page 16 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 11 1 (3) Subject to this Division, a LINC committee may 2 determine its own procedure. 3 (4) The Minister is to ensure that each LINC committee is 4 provided with such support services as it may 5 reasonably require. 6 213N. Membership of LINC committees 7 (1) A LINC committee is to be constituted by not less than 8 4 or more than 10 members appointed by the chief 9 executive officer. 10 (2) The membership of a LINC committee is to be drawn 11 from persons who have such experience, skills, 12 attributes or qualifications as the chief executive officer 13 considers appropriate to enable them to effectively 14 perform the functions set out in section 213O, and may 15 include -- 16 (a) parents of students at the college; and 17 (b) other members of the general community; and 18 (c) any person employed at the college. 19 (3) Persons referred to in subsections (2)(a) and (b) must 20 form the majority of members of a LINC committee. 21 (4) Unless otherwise provided by the regulations, a 22 member is to hold office for a term of not more than 23 3 years as is specified in the instrument of his or her 24 appointment, and is eligible for reappointment. 25 213O. Functions of LINC committees 26 (1) A LINC committee for a student residential college has 27 the following functions -- 28 (a) to provide advice regarding the operation and 29 management of the college; 30 (b) to promote the interests of the college and to 31 foster community interest in the college; page 17 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 11 1 (c) to carry out the functions given by 2 sections 213E(4) and 213J(4); 3 (d) to undertake such other functions prescribed by 4 the regulations for the purposes of this section. 5 (2) A LINC committee for a student residential college 6 may do any or all of the following -- 7 (a) take part in and provide advice on the selection, 8 but not the appointment, of any person 9 employed at the college, if the person comes 10 within a class of employees referred to in 11 section 235(1); 12 (b) provide advice as to the means by which 13 disputes or complaints about the conduct of 14 students at the college may be dealt with; 15 (c) take part in the planning of, and provide advice 16 on, the financial arrangements and priorities for 17 the college. 18 (3) A LINC committee cannot -- 19 (a) intervene in the operation or management of a 20 student residential college; or 21 (b) exercise authority over any person employed at 22 a student residential college. 23 (4) A LINC committee may do all things necessary or 24 convenient to be done for or in connection with the 25 carrying out of its functions. 26 213P. Regulations about LINC committees 27 (1) Regulations may be made in respect of LINC 28 committees. 29 (2) Without limiting subsection (1), regulations may be 30 made about any or all of the following -- 31 (a) the proceedings of LINC committees; page 18 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 11 1 (b) matters relating to ineligibility for, and 2 cessation or termination of, membership of 3 LINC committees; 4 (c) enabling LINC committees to allow students, 5 principals and other staff of a school and 6 members of the local community to attend 7 meetings and take part in discussion but 8 without having a right to vote or being counted 9 in determining a quorum. 10 Division 5 -- Financial provisions 11 Subdivision 1 -- Fund for each student residential college 12 213Q. General Purposes Fund for each student residential 13 college 14 Each student residential college is to have a fund to be 15 called the "(name of student residential college) 16 General Purposes Fund". 17 213R. Funds for other moneys received for a student 18 residential college 19 The chief executive officer may authorise an officer 20 designated under section 213S(1) to establish funds for 21 the receipt of donations and bequests for or towards -- 22 (a) the addition of new capital works to the student 23 residential college premises; or 24 (b) the benefit of the college generally. 25 213S. Management of college funds 26 (1) The management of a college fund is to be vested in an 27 officer designated by the chief executive officer to 28 perform that function for the college. 29 (2) The chief executive officer may amend, revoke or 30 replace a designation under subsection (1). page 19 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 11 1 (3) Moneys forming part of a college fund may only be 2 expended by or with the authority of the person 3 designated under subsection (1) and in accordance 4 with -- 5 (a) the regulations; and 6 (b) any directions (not being inconsistent with the 7 regulations) issued by the chief executive 8 officer either generally or in any particular 9 case. 10 (4) However -- 11 (a) money paid under a licence to which 12 section 213K applies as a security for the 13 performance of an obligation may only be 14 applied in accordance with the licence; and 15 (b) subsection (3) only applies to that money if the 16 money has been forfeited under, and in 17 accordance with, the licence. 18 213T. Money to be credited to college funds 19 (1) The following are to be credited to the General 20 Purposes Fund of a student residential college -- 21 (a) moneys from time to time allocated to the 22 college from funds appropriated by Parliament; 23 (b) grants and advances to the college from 24 government and private sources; 25 (c) charges and other moneys received or 26 recovered under agreements under which 27 accommodation and related services are 28 provided at the colleges; 29 (d) moneys payable to the college under 30 section 213G or 213L; 31 (e) the proceeds of any investment of the General 32 Purposes Fund under section 213W; page 20 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 11 1 (f) subject to subsection (2), other moneys 2 properly receivable for the purposes of the 3 college. 4 (2) There are to be credited to a fund established for a 5 student residential college under section 213R -- 6 (a) donations and bequests to the school for the 7 purpose for which the fund was established; 8 and 9 (b) the proceeds of any investment of the fund 10 under section 213W. 11 213U. Bank account for college funds 12 (1) Moneys forming part of a college fund are to be paid 13 into an account at a bank approved by the chief 14 executive officer. 15 (2) A student residential college is to have only one such 16 bank account for each college fund except to the extent 17 that the chief executive officer approves otherwise. 18 (3) The bank account or accounts may only be operated 19 jointly by 2 or more office-holders, or persons 20 belonging to a class, designated under subsection (4). 21 (4) The chief executive officer is to designate for each 22 student residential college the office-holders or class of 23 persons who may act under subsection (3). 24 (5) In this section -- 25 bank means -- 26 (a) an ADI (authorised deposit-taking institution) 27 as defined in the Banking Act 1959 28 (Commonwealth) section 5; or 29 (b) a bank constituted by a law of a State, a 30 Territory or the Commonwealth. page 21 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 11 1 213V. Financial Management Act 2006 s. 8 and 34, 2 application of to s. 213Q to 213U 3 Sections 213Q to 213U have effect despite the 4 Financial Management Act 2006 sections 8 and 34, but 5 nothing in sections 213Q to 213U is to be read as 6 affecting the responsibilities of the chief executive 7 officer as accountable authority under that Act in 8 respect of moneys referred to in section 213T. 9 213W. Investment of college funds 10 Moneys forming part of a college fund may, until 11 required to be paid out under section 213S, be invested 12 in the name of the college by the officer designated 13 under section 213S(1) in the manner in which money 14 standing to the credit of the Public Bank Account may 15 be invested under the Financial Management Act 2006 16 section 37. 17 213X. Dealing with college funds on closure or 18 amalgamation of a college 19 (1) If a student residential college is closed or 20 amalgamated with another college -- 21 (a) subject to subsection (2), moneys in a college 22 fund are to be dealt with as the chief executive 23 officer may direct; and 24 (b) the bank account for the fund may be operated 25 by the chief executive officer for the purpose of 26 giving effect to such a direction. 27 (2) However -- 28 (a) money paid under a licence to which 29 section 213K applies as a security for the 30 performance of an obligation may only be 31 applied in accordance with the licence; and page 22 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 11 1 (b) subsection (1)(a) only applies to that money if 2 the money has been forfeited under, and in 3 accordance with, the licence. 4 Subdivision 2 -- Student Residential Colleges Fund 5 213Y. Student Residential Colleges Fund 6 (1) An account called the Student Residential Colleges 7 Fund is established for the department. 8 (2) The Student Residential Colleges Fund is an agency 9 special purpose account under the Financial 10 Management Act 2006 section 16. 11 (3) The following are to be credited to the Student 12 Residential Colleges Fund -- 13 (a) moneys appropriated by Parliament for the 14 purposes of student residential colleges; 15 (b) moneys borrowed under section 213ZA; 16 (c) any other moneys received by, made available 17 to or payable to the Minister in the performance 18 of functions under this Act that relate to student 19 residential colleges. 20 (4) Moneys standing to the credit of the Student 21 Residential Colleges Fund are to be applied in the 22 payment of -- 23 (a) expenditure incurred in the performance of the 24 functions of the Minister under this Part; 25 (b) the costs of the administration and enforcement 26 of this Act in relation to student residential 27 colleges. 28 (5) For the purposes of the Financial Management 29 Act 2006 section 52, the administration of the Student 30 Residential Colleges Fund is to be regarded as a service 31 of the Department. page 23 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 12 1 213ZA. Minister's power to borrow money 2 (1) The Minister may, if the Treasurer approves, borrow 3 sums of money from the Western Australian Treasury 4 Corporation established under the Western Australian 5 Treasury Corporation Act 1986 for the purposes of this 6 Part. 7 (2) All sums borrowed under subsection (1) are to be 8 credited to the Student Residential Colleges Fund. 9 10 12. Section 216 amended 11 In section 216(2)(b) after "gift," insert: 12 13 grant, 14 15 13. Section 218 amended 16 In section 218(1) delete "Minister." and insert: 17 18 Minister, other than property that relates to a student residential 19 college. 20 21 Note: The heading to amended section 218 is to read: 22 Licences by Minister for use of tangible property, other than 23 property relating to student residential colleges 24 14. Section 227 amended 25 In section 227 after "Minister under" insert: 26 27 Part 6A or 28 29 Note: The heading to amended section 227 is to read: 30 Application of Financial Management Act 2006 page 24 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 15 1 15. Section 228 amended 2 In section 228(b) after "Act" insert: 3 4 (except Part 6A) 5 6 Note: The heading to amended section 228 is to read: 7 Department to assist in administration of Act, other than in 8 relation to non-government schools and students attending 9 non-government schools 10 16. Section 240 amended 11 In section 240(1): 12 (a) in paragraph (a) after "school" insert: 13 14 or a student residential college 15 16 (b) in paragraph (b)(i) after "school" insert: 17 18 or college 19 20 (c) in paragraph (b)(ii) after "school" insert: 21 22 or any student residential college 23 24 (d) delete "specified in the order and remain away from 25 those premises, or from the premises of all government 26 schools," and insert: 27 28 or college specified in the order and remain away from 29 those premises, or from the premises of all government 30 schools or all student residential colleges, or both, 31 page 25 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 17 1 17. Schedule 1 clause 1 amended 2 In Schedule 1 Division 1 clause 1 delete "Schedule --" and 3 insert: 4 5 Division -- 6 7 18. Schedule 1 clause 2 amended 8 In Schedule 1 Division 1 clause 2 delete "Schedule" and insert: 9 10 Division 11 12 19. Schedule 1 clause 23 amended 13 In Schedule 1 Division 1 clause 23(1) delete "Schedule" and 14 insert: 15 16 Division 17 18 20. Schedule 1 Division 4 inserted 19 At the end of Schedule 1 insert: 20 21 Division 4 -- Transitional provisions for the School 22 Boarding Facilities Legislation Amendment and Repeal 23 Act 2015 24 33. Terms used 25 In this Division, unless the contrary intention appears -- 26 1960 Act means the Country High School Hostels Authority 27 Act 1960; page 26 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 20 1 assets means any legal or equitable estate or interest 2 (whether present or future, whether vested or contingent and 3 whether personal or assignable) in real or personal property 4 of any description, and includes money and securities, 5 choses in action and documents; 6 commencement day means the day on which School 7 Boarding Facilities Legislation Amendment and Repeal 8 Act 2015 section 20 comes into operation; 9 former Authority means the Country High School Hostels 10 Authority -- 11 (a) established under the 1960 Act section 4; and 12 (b) as in existence immediately before commencement 13 day; 14 hostel has the meaning given in the 1960 Act section 3; 15 liability means any liability, duty or obligation whether 16 actual, contingent or prospective, liquidated or unliquidated, 17 or whether owed alone or jointly or jointly and severally 18 with any other person; 19 right means any right, power, privilege or immunity 20 whether actual, contingent or prospective. 21 34. Hostels 22 On commencement day, each hostel ceases to be a hostel 23 and becomes, by force of this clause, a student residential 24 college taken to have been established under section 213B. 25 35. Hostel land 26 (1) In this clause -- 27 hostel land means land the care, control and management of 28 which was, immediately before commencement day, placed 29 with the Authority in accordance with the 1960 Act 30 section 11. 31 (2) On commencement day, hostel land ceases to be under the 32 care, control and management of the former Authority and is 33 placed under the care, control and management of the 34 Minister by force of this clause. page 27 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 20 1 36. Former Authority abolished 2 On commencement day, the former Authority is abolished 3 and its members go out of office. 4 37. Staff members of former Authority 5 (1) In this clause -- 6 staff member of the former Authority means a person who, 7 immediately before commencement day, was an officer or 8 servant of the former Authority appointed under the 1960 9 Act section 10. 10 (2) At commencement day each staff member of the former 11 Authority becomes a person employed in the department 12 within the class of employees referred to in 13 section 235(1)(c) or (d), as is relevant in accordance with 14 any relevant industrial award or agreement applying to the 15 staff member immediately before commencement day. 16 (3) Except as otherwise agreed by a person mentioned in 17 subclause (2) the operation of this clause does not -- 18 (a) affect the person's remuneration; or 19 (b) affect the person's existing or accruing rights in 20 respect of annual leave, long service leave, sick 21 leave or any other leave; or 22 (c) affect any rights under a superannuation scheme; or 23 (d) interrupt the continuity of the person's service. 24 (4) For the purposes of subclause (3)(d), the staff member's 25 service with the former Authority is to be taken to have been 26 with the department. 27 38. Transfer of assets, liabilities, proceedings, remedies and 28 immunities 29 (1) On commencement day-- 30 (a) the assets and rights of the former Authority 31 immediately before that day vest in or become, by 32 force of this clause, the property of the Minister; 33 and page 28 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 20 1 (b) the liabilities of the former Authority immediately 2 before that day become, by force of this clause, the 3 liabilities of the Minister. 4 (2) From commencement day, any proceedings or remedy that, 5 immediately before that day, might have been brought or 6 continued by or available against or to the former Authority 7 may be brought or continued by, and are or is available 8 against or to, the Minister. 9 (3) As soon as is practicable after commencement day, all 10 papers, documents, minutes, books of account and other 11 records (however compiled, recorded or stored) relating to 12 the operations of the former Authority are to be delivered to 13 the Minister. 14 (4) As soon as is possible after commencement day, any 15 account maintained by the former Authority must be closed 16 by the Minister and the moneys in the account credited to 17 the Student Residential Colleges Fund. 18 39. Completion of things commenced 19 Anything commenced to be done by the former Authority 20 before commencement day may be continued by the 21 Minister so far as the doing of that thing is within the 22 functions of the Minister. 23 40. Continuing effect of things done 24 (1) In this clause -- 25 relevant act means an act, matter or thing done or omitted to 26 be done before commencement day by, to or in respect of 27 the former Authority. 28 (2) To the extent that a relevant act has force or significance on 29 or after commencement day it is to be taken, from that day, 30 to have been done or omitted by, to or in respect of the 31 Minister so far as the act, matter or thing is relevant to the 32 functions of Minister. 33 (3) This clause does not affect the operation of any other 34 provision of this Schedule. page 29 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 20 1 41. Exemption from State tax 2 (1) In this clause -- 3 State tax includes -- 4 (a) duty under the Duties Act 2008; and 5 (b) any other tax, duty, fee, levy or charge under a law 6 of the State. 7 (2) State tax is not payable in relation to -- 8 (a) anything that occurs by operation of this Division; 9 or 10 (b) anything done (including a transaction entered into 11 or an instrument or document of any kind made, 12 executed, lodged or given) under this Division, or to 13 give effect to this Division, or for a purpose 14 connected with or arising out of giving effect to this 15 Division. 16 (3) The Minister may certify in writing that -- 17 (a) a specified thing occurred by operation of this 18 Division; or 19 (b) a specified thing was done under this Division, or to 20 give effect to this Division, or for a purpose 21 connected with or arising out of giving effect to this 22 Division. 23 (4) For all purposes and in all proceedings, a certificate under 24 subclause (3) is sufficient evidence of the matters it certifies, 25 except so far as the contrary is shown. 26 42. Agreements, instruments and documents 27 (1) In this clause -- 28 subsisting, in relation to an agreement, instrument or 29 document, means subsisting immediately before 30 commencement day. 31 (2) A subsisting agreement, instrument or document that 32 contains a reference to the former Authority has effect from page 30 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 20 1 that day as if that reference were amended to be a reference 2 to the Minister. 3 (3) Subclause (2) does not apply to an agreement or instrument 4 to which the former Authority was a party. 5 (4) A subsisting agreement or instrument to which the former 6 Authority was a party has effect from commencement day 7 as if -- 8 (a) the Minister were substituted for the former 9 Authority as a party to the agreement or instrument; 10 and 11 (b) a reference to the former Authority in the agreement 12 or instrument were amended to be a reference to 13 the Minister. 14 (5) Subclause (2) or (4)(b) does not apply to a reference if -- 15 (a) regulations made under clause 45 provide 16 otherwise; or 17 (b) that application would be inappropriate in the 18 context in which the reference occurs. 19 43. Registration of documents 20 (1) In this clause -- 21 relevant officials means -- 22 (a) the Registrar of Titles under the Transfer of Land 23 Act 1893; or 24 (b) the Registrar of Deeds and Transfers under the 25 Registration of Deeds Act 1856; or 26 (c) the Minister administering the Land Administration 27 Act 1997; or 28 (d) any other person authorised by a written law to 29 record and give effect to the registration of 30 documents relating to transactions affecting any 31 estate or interest in land or any other property. 32 (2) The relevant officials are to take notice of the provisions of 33 this Division and are to record and register in the page 31 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 3 School Education Act 1999 amended s. 20 1 appropriate manner the documents necessary to show the 2 effect of this Division. 3 44. Saving 4 (1) The operation of any provision of this Division is not to be 5 regarded -- 6 (a) as a breach of contract or confidence or otherwise 7 as a civil wrong; or 8 (b) as a breach of any contractual provision prohibiting, 9 restricting or regulating the assignment or transfer 10 of assets, rights or liabilities or the disclosure of 11 information; or 12 (c) as giving rise to any remedy by a party to an 13 instrument or as causing or permitting the 14 termination of any instrument, because of a change 15 in the beneficial or legal ownership of any asset, 16 right or liability; or 17 (d) as causing any contract or instrument to be void or 18 otherwise unenforceable; or 19 (e) as releasing or allowing the release of any surety. 20 (2) This Division is additional to any relevant provisions of the 21 Interpretation Act 1984. 22 45. Transitional regulations 23 (1) In this clause -- 24 specified means specified or described in the regulations; 25 transitional matter -- 26 (a) means a matter or issue of a transitional nature that 27 arises as a result of the transition from the 1960 Act 28 to this Act; and 29 (b) includes a saving or application matter. 30 (2) If there is no sufficient provision in this Division for dealing 31 with a transitional matter, regulations under this Act may be 32 made prescribing all matters that are required or necessary 33 or convenient to be prescribed for dealing with the matter. page 32 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 School Education Act 1999 amended Part 3 s. 20 1 (3) Regulations made under subclause (2) may provide that 2 specified provisions of any written law -- 3 (a) do not apply to or in relation to any matter; or 4 (b) apply with specified modifications to or in relation 5 to any matter. 6 (4) If regulations made under subclause (2) provide that a 7 specified state of affairs is to be taken to have existed, or not 8 to have existed, on and from a day that is earlier than the 9 day on which the regulations are published in the Gazette 10 but not earlier than commencement day, the regulations 11 have effect according to their terms. 12 (5) If regulations made under subclause (2) contain a provision 13 referred to in subclause (4), the provision does not operate 14 so as -- 15 (a) to affect in a manner prejudicial to any person 16 (other than the State or an authority of the State) the 17 rights of that person existing before the regulations 18 were published in the Gazette; or 19 (b) to impose liabilities on any person (other than the 20 State or an authority of the State) in respect of 21 anything done or omitted to be done before the 22 regulations were published in the Gazette. 23 (6) Regulations made under subclause (2) in relation to a matter 24 referred to in subclause (3) must be made within such period 25 as is reasonable and practically necessary to deal with a 26 transitional matter. 27 rd 28 Note: The note at the beginning of Part 6 is to be altered in the 3 bullet point 29 by deleting "non-teaching" and inserting: 30 other 31 Note: The note at the beginning of Part 7 is to be altered by deleting the th 32 5 bullet point and inserting : 33 • the repeal of the Education Act 1928 (section 246); 34 • the transition from that Act to this Act, and various other 35 subsequent statutory transitions (Schedule 1). page 33 School Boarding Facilities Legislation Amendment and Repeal Bill 2015 Part 4 Other Acts amended s. 21 1 Part 4 -- Other Acts amended 2 21. Constitution Acts Amendment Act 1899 amended 3 (1) This section amends the Constitution Acts Amendment Act 1899. 4 (2) In Schedule V Part 3 delete the item relating to The Country 5 High School Hostels Authority. 6 22. Financial Management Act 2006 amended 7 (1) This section amends the Financial Management Act 2006. 8 (2) In Schedule 1 delete the item relating to the Country High 9 School Hostels Authority. 10 23. Public Sector Management Act 1994 amended 11 (1) This section amends the Public Sector Management Act 1994. 12 (2) Delete Schedule 2 item 4. 13 24. Spent Convictions Act 1988 amended 14 (1) This section amends the Spent Convictions Act 1988. 15 (2) In Schedule 3 clause 1(3) in the Table item 13 delete "by the 16 Country High School Hostels Authority" and insert: 17 18 in a student residential college established under the School Education 19 Act 1999. 20 21
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