Consent for Legal Proceedings

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Purpose of this policy

To ensure school councils have consent for legal proceedings.


A school council must not commence legal proceedings

  • or any action against any person in any court or tribunal without first obtaining written direction from the Executive Director, Legal Division
  • in any court or tribunal, or before any person acting judicially, such as a mediator or arbitrator, without the written consent of the Minister, against any of the following: 
    • the Crown
    • the State
    • any Minister
    • any officer or employee of the State in respect of duties performed in his or her official capacity, or any authority or public body within the meaning of the Financial Management Act 1994. 

School councils do not require special consent to enforce judgments in their favour.

If unsure how to proceed in a legal matter contact the Legal Services Division:

  • in writing by email if the matter is not urgent
  • by fax (03) 9637-2750 or telephone (03) 9637-3146 for urgent cases.

Related policies

Related legislation

  • Education Act 1958
  • Education and Training Reform Act 2006
  • Education and Training Reform Regulations 2017
  • Financial Management Act 1994