member category may continue to be a member of the Council until the next Council election. DET will indemnify Council members against liability when they act in good faith. The State of Victoria is not responsible for payment of a Council’s liabilities in the absence of a written agreement with the Council under section 2.3.2 (12) and (13) of the Education and Training Reform Act 2006. A Council is liable for its actions and decisions including payment of money under: service agreements for the day to day operations of the school any agreement that seeks to resolve actual or threatened litigation (i.e. settlement agreement) court orders against school councils (including judgments for damages or compensation or any other legally enforceable remedy including infringement notices and fines) contracts of employment, and statutory obligations to employees as an employer The DET will usually indemnify Councils in claims of common law negligence, and in relation to employment disputes, for the cost of settlement and legal representation. The DET will take into account the impact of payment upon the school’s operations and any insurance cover for the Council, and will likely indemnify Councils if the DET is satisfied that: the Council acted in good faith and according to its role and duties under applicable legislation, policies, guidelines and directions and the Council has insufficient funds to pay the claim The DET will not usually indemnify Councils or provide legal representation for Council liability for: GST and taxation breach of contract breach of copyright law, patents, trademarks, or designs land use objections defamation; and criminal charges These matters are generally considered to be within the Council’s control, and are matters over which Councils should adopt appropriate measures of supervision. Councils will usually be expected to meet any liability for these matters from their global budgets or locally raised funds. If a Council is unable to meet its liability in these matters, to request indemnification and/or representation it must contact the Legal Division with a full briefing on the matter. Individual Council members and/or former members of a Council are not liable for the debts and liabilities of a Council.
member category may continue to be a member of the Council until the next Council election. DET will indemnify Council members against liability when they act in good faith. The State of Victoria is not responsible for payment of a Council’s liabilities in the absence of a written agreement with the Council under section 2.3.2 (12) and (13) of the Education and Training Reform Act 2006. A Council is liable for its actions and decisions including payment of money under: service agreements for the day to day operations of the school any agreement that seeks to resolve actual or threatened litigation (i.e. settlement agreement) court orders against school councils (including judgments for damages or compensation or any other legally enforceable remedy including infringement notices and fines) contracts of employment, and statutory obligations to employees as an employer The DET will usually indemnify Councils in claims of common law negligence, and in relation to employment disputes, for the cost of settlement and legal representation. The DET will take into account the impact of payment upon the school’s operations and any insurance cover for the Council, and will likely indemnify Councils if the DET is satisfied that: the Council acted in good faith and according to its role and duties under applicable legislation, policies, guidelines and directions and the Council has insufficient funds to pay the claim The DET will not usually indemnify Councils or provide legal representation for Council liability for: GST and taxation breach of contract breach of copyright law, patents, trademarks, or designs land use objections defamation; and criminal charges These matters are generally considered to be within the Council’s control, and are matters over which Councils should adopt appropriate measures of supervision. Councils will usually be expected to meet any liability for these matters from their global budgets or locally raised funds. If a Council is unable to meet its liability in these matters, to request indemnification and/or representation it must contact the Legal Division with a full briefing on the matter. Individual Council members and/or former members of a Council are not liable for the debts and liabilities of a Council.
School-Council-Legal-Framework-Policy-Jan18.docx