Page 4003 - Week 14 - Tuesday, 23 October 1990
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MINISTER FOR HEALTH, EDUCATION AND THE ARTS
QUESTION TAKEN ON NOTICE ON 11 SEPTEMBER 1990
School Closures - Transitional Committees
MR MOORE - asked the Minister for Health, Education and the Arts:
My question deals with the transitional committees, which have been set up by the Ministry of Education, using people from the closing schools and the receiving schools. And whose tasks include those which are assigned by the Act, to boards. Under what Act or Regulation have they been established or if they have no function under law what legal protection do the members of the transitional committees have.
What protection do they have against being personally sued for negligence, should their actions be at odds with the legally constituted school boards.
MR HUMPHRIES - the answer to Mr Moores question is as follows:
The Ministry has suggested, as part of the process of amalgamating schools, that each continuing board (ie the board in the receiving school in an amalgamation)
-establishes sub-committees to assist the board in its deliberations. These sub-committees should have members from both school communities and may cover areas related to the amalgamation such as staffing, resources, programs and operational aspects such as canteens and uniforms.
These sub-committees would be expected to report to the board on a regular basis; but the board makes any necessary decisions.
The sub-committees have no legal standing whereas boards have a legislative base. Protection is afforded board members through the application of section 55 of the Schools Authority Act for acts done in good faith in the performance of any functions under section 38(1) of the Act.
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