Western Australia
Hale School Act 1876
Reprinted as at 17 June 2002
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
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Notes amongst text (italicised and within square brackets)
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Reprinted under the Reprints Act 1984 as at 17 June 2002 Reprinted under the Reprints Act 1984 as at
Hale School Act 1876
CONTENTS
1.Short title1
1A.Interpretation1
2.The Governors of Hale School, a body corporate2
5.Constitution of the Board3
6.Terms of office and vacancies3
7.Visitor4
8.Dealings in property4
9.Management of school5
10.Board’s proceedings5
11.Borrowing5
12.Rating and taxation exemption5
13.Agreement relating to Reserve A34216
Notes
Compilation table7
Reprinted under the Reprints Act 1984 as at 17 June 2002
Western Australia
Hale School Act 1876
An Act to make provision for the higher education of boys.
Preamble
Whereas it is expedient to make provision for the establishment of a High School for the purpose of giving to Boys an education similar to that given in the Grammar and advanced schools in the other Australasian Colonies; Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: —
This Act may be cited as the Hale School Act 1876 1.
[Section 1 amended by No. 34 of 1958 s. 1(3).]
In this Act, subject to the context —
“Archbishop” means the person for the time being consecrated as His Grace the Archbishop of Perth according to rites of the Anglican Church of Australia, and in his absence from the Anglican Church of Australia Diocese of Perth and during any vacancy in his office includes the person for the time being duly authorised to act as the Administrator of the Diocese;
“Association” means the association incorporated under the Associations Incorporation Act 1987 2, under the name “Old Haleians’ Association (Inc.)” and includes its successors for the time being;
“Board” means the corporation known as “The Governors of Hale School” constituted by this Act;
“School” means the school known as Hale School at Perth;
“Trustees” means the corporation known as The Perth Diocesan Trustees referred to in section 11 of Act No. 34 of 1918.
[Section 1A inserted by No. 34 of 1958 s. 4; amended by No. 121 of 1976 s. 7.]
2.
Governors of the School under the name of “The Governors of Hale School” shall be a body corporate with perpetual succession and a common seal, and shall by the same name from time to time and at all times hereafter be capable to receive, purchase, acquire, take, and hold, to them and their successors, in trust for and to and for the purposes of such school, any messuages, lands, tenements, and hereditaments, of what nature or kind soever; and also to receive, purchase, acquire, and possess, upon the same trust, and to and for the same purposes, any goods, chattels, gifts, or benefactions whatsoever; and shall and may by the same name be capable to sue and be sued, both at law and in equity; and shall and may by the same name be capable to grant, demise, alien, or otherwise deal with all or any of the property, real or personal, belonging to the said school; and also to do all other matters and things, and have and enjoy all rights and privileges incidental to or appertaining to a body politic or corporate.
[Section 2 amended by 42 Vict. No. 28 (1878) s. 4; 55 Vict. No. 29 (1892) s. 7 3; No. 34 of 1958 s. 5.]
[3, 4.Repealed by No. 34 of 1958 s. 3.]
The Board shall consist of 11 members of whom one shall be the Archbishop, 5 shall be appointed by the Trustees and 5 shall be appointed by the Association.
[Section 5 inserted by No. 75 of 1994 s. 3.]
6.Terms of office and vacancies
(1)In this section —
“appointed”, in relation to a member, means appointed by the Trustees or the Association;
“casual vacancy” means a vacancy that occurs otherwise than when a term of office expires;
“member” means a member of the Board;
“
(2)A member appointed to a periodical vacancy may hold office for a period ending —
(a)4 years from when the vacancy occurred, if it occurred before 31 December 1994; or
(b)5 years from when the vacancy occurred, if it occurred on or after 31 December 1994.
(3)Each of the first members appointed to fill the 2 vacancies created by the commencement of the Hale School Amendment Act 1994 may hold office for the period ending on 31 December 1998.
(4)A member appointed to fill a casual vacancy may hold office for the period ending when the term of the member whose office became vacant would have expired.
(5)An appointed member whose term of office expires is eligible for reappointment.
(6)The body which appointed a member may at any time terminate the appointment or remove the member from office.
(7)The office of an appointed member becomes vacant if —
(a)the term of office expires;
(b)the appointment is terminated, or the member is removed from office, under subsection (6);
(c)the member dies; or
(d)the member resigns by written notice addressed to the Chairman of the Board.
(8)The continuing members may act despite any vacancy on the Board.
[Section 6 inserted by No. 75 of 1994 s. 3.]
The Archbishop shall be the Visitor, with power to enter the School at any time to examine and instruct the pupils, to inspect the accounts and general management of the School, to prevent the adoption of any rule or regulation and to correct any act or omission which may or may tend to frustrate the intention that the School shall be and forever remain an Anglican Church of Australia School.
[Section 7 inserted by No. 34 of 1958 s. 6; amended by No. 121 of 1976 s. 7.]
The Board may, freed from any trusts imposed by this Act, sell, lease, mortgage or otherwise dispose of or deal with all or any of the real or personal property for the time being vested in or held by the Board under this Act. Subject there to and to section 2 the Board shall hold the property upon trust for the purposes of the School.
[Section 8 inserted by No. 34 of 1958 s. 6.]
The entire management and control of the School and of the real and personal property for the time being held by the Board is vested in the Board which is empowered subject to and for the purposes of this Act to exercise all or any of the powers conferred by the Associations Incorporation Act 1987 2, upon an association incorporated under that Act.
[Section 9 inserted by No. 34 of 1958 s. 6.]
(1)At a meeting of the Board 6 members shall form a quorum.
(2)The Chairman shall have a deliberative but not a second or casting vote.
(3)All questions before the Board upon which they are not unanimous shall be decided by the majority of the votes of those present at the meeting and in such case the decision of the majority shall be the decision of the Board.
[Section 10 inserted by No. 34 of 1958 s. 6; amended by No. 75 of 1994 s. 4.]
For the purposes of the school the Board may borrow money and give and execute such mortgages or other securities and upon such terms and conditions as the Board decides. Any money so borrowed and the performance of any obligations in regard thereto may be guaranteed by the Trustees upon such terms and conditions as the Trustees decides.
[Section 11 inserted by No. 34 of 1958 s. 6.]
12.Rating and taxation exemption
Vacant land held by the Board and land held by the Board and used exclusively or mainly for the purposes of the School shall be exempt from rating under the provisions of the Local Government Act 1995 and the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 4 and from assessment for taxation under the provisions of the Land Tax Assessment Act 1907 5.
[Section 12 inserted by No. 34 of 1958 s. 6; amended by No. 14 of 1996 s. 4.]
13.Agreement relating to Reserve A3421
The agreement made 31 October 1958 between the Minister for Works and the Board relating to the surrender to Her Majesty of the estate of the Board in all that piece of land being Perth Town Lots H138 and H141 (Reserve A3421) is approved and ratified, and such sums as are necessary for payment of the price mentioned in clause 1 of that agreement shall be paid from moneys to be appropriated by Parliament. Subject to the agreement the Governor is authorised by Order in Council to change the purpose of Reserve A3421 to “the use and requirements of the Government”.
[Section 13 inserted by No. 34 of 1958 s. 6.]
