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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-11-23 Daily Xml
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PRINCE ALFRED COLLEGE INCORPORATION (VARIATION OF CONSTITUTION) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for the City of Adelaide) (16:37): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Members may be aware that the Prince Alfred College Incorporation Act is a private Act and is not committed to any Minister. However on the invitation of the Chairman of the Prince Alfred College Council I am pleased to take carriage of this Bill on behalf of the College in my capacity as Minister for Education.

I propose you support the minor but necessary amendment that is the subject of this Bill.

The Prince Alfred College Incorporation (Variation of Constitution) Amendment Bill 2010 will make a minor but necessary amendment to the legislation under which Prince Alfred College is incorporated, namely the Prince Alfred College Incorporation Act 1878.

The Prince Alfred College Incorporation Act 1878 has been amended by Parliament only twice previously, in 1977 and 2007.

In 1977, the Uniting Church in Australia Act 1977 facilitated the formation of the Uniting Church by creating a union of individual Christian churches, including the Wesleyan Methodist Church under which the College was established. This legislation also updated provisions relating to the constitution of the Prince Alfred College School Council.

In 2007, the Prince Alfred College Incorporation (Constitution of Council) Amendment Act 2007 removed much of the Act's prescriptive detail concerning membership of the Council and authorised that these matters be instead set out in the College Council's Constitution.

The purpose of the Bill before you is straight forward—it will provide for a change to the voting procedures of the Prince Alfred College Council for effecting a variation to its Constitution.

The College Council has requested that section 19(4) of the Act be amended to reflect that a variation to the Constitution must be passed by at least three-quarters of the members of the Council.

This amendment would modify the current requirement within section 19(4) that a variation to the College Council's Constitution must be passed by twelve members of the Council present and voting at a meeting of the Council, or three-quarters of the members present and voting, whichever is the greater.

The Bill proposes to amend section 19(4) to remove the requirement for a minimum of twelve members to approve any changes to the College Council's Constitution, but retains the requirement for three-quarters of the membership of the Council to support any such amendment. This will also allow for more flexibility in the number of members of the Council, which must be a minimum of twelve in order to meet the current voting requirements in section 19(4) of the PAC Act.

This approach in relation to voting on such resolutions is consistent with similar provisions in other legislation, such as the Associations Incorporation Act 1985, which provides for the incorporation, administration and control of associations.

The Prince Alfred College Council has consulted with the Uniting Church in Australia, Synod of South Australia on the proposed amendment. The Synod is supportive of the proposed change as it will allow for the governance arrangements of Prince Alfred College to be more efficient and similar to those of the Synod.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause provides for the short title of the measure.

2—Amendment provisions

This clause is formal.

Part 2—Amendment of Prince Alfred College Incorporation Act 1878

3—Amendment of section 19—Variation of Constitution

This amendment relates to the number of members of the Council of the College who must agree to a variation of the Constitution of the Council. Currently, a variation must be passed by 12 members of the Council, or three quarters of the members present and voting, whichever is the greater. The amendment will provide that a variation will require the support of three quarters of the members of the Council (and thus remove the reference to at least 12 members). A variation will still require the approval of the Synod under section 19(3) of the Act.

Debate adjourned on motion of Hon. J.S.L. Dawkins.

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