Education and Training Reform Act 2006

The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette—

establish a council to be the governing body of an institution; or

amalgamate a council with another council; or

abolish a council; or

change the name of a council; or

make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of a council, the manner of appointment or the terms and conditions of appointment of members of a council; or

make provision for a council to make rules for the government of the institution; or

make provision for a council to delegate any of its powers and functions under this Act to a person employed at the institution or to a committee established by or under an Order in Council relating to the council; or

amend any provision of a previous order relating to a council; or

make provision for or with respect to anything that is consequential on the making of an order involving the rights and obligations or the assignment of any property (subject to any trusts) of any council referred to in the Order.

The Minister must not make a recommendation under subsection (1) unless the council of the institution concerned has made a request for the proposed Order or has consented to the proposed Order.

A council established under subsection (1)—

is a body corporate with perpetual succession; and

has a common seal; and

is capable in law of suing and being sued in its corporate name; and

may acquire, hold and dispose of real and personal property for the purpose of performing its functions and exercising its powers under this Act; and

may do and suffer all acts matters and things that a body corporate may by law do or suffer and are necessary or expedient for the purpose of performing its functions and exercising its powers under this Act.

If two or more councils previously incorporated under this Act are amalgamated under an Order made under subsection (1), any legal proceedings that might have been commenced or continued by or against any of the councils may be commenced or continued by or against the single council formed by the amalgamation.

A change of name of a council under an order under subsection (1) does not affect the identity of the council or any rights or obligations of the council, and any legal proceedings that might have commenced or continued by or against it by its former name may be commenced or continued by or against it by its new name.