15 September 2004

Federal Election 2004

VOTE 1 EDUCATION

On Election Day, Queensland Council of Parents & Citizens Association (QCPCA), which represents almost 1300 State School P&C’s, urges all parents to consider Public Education as the priority issue.

QCPCA State President, Wanda Lambert, said that Public Education is of vital importance to the future of the country.

Our organisation is not affiliated with any political party and we ask only that you consider the education policies of all parties on Election Day,” Mrs Lambert said.

Public Education has rightly taken centre stage in the lead up to the poll and public schooling should again be seen as a national priority and the responsibility of both Federal and State governments.”

QCPCA encourages people to consider education as the priority issue in this election,” she said.

Policies should be needs based, address issues of equity while not impacting on choice and focus on quality teaching, raising literacy and numeracy standards and directing money to areas of greatest need.

For further information, please contact Wanda Lambert, State President QCPCA 0417 790 328

Please find below selected sections from the current QCPCA Policy Document which outline briefly some of the beliefs our organisation has regarding Public Education.

QCPCA believes that the primary objective of the school system is the provision of a high standard of education, relevant to student and community needs in a changing society.
The philosophy underlying QCPCA policy centres around the principles of equality, excellence, humanity and participative democracy
The public school system must provide for all students the best quality education available.
The object of a public education system is to ensure that all students have the opportunity to develop the skills and understanding necessary to shape their own lives and to participate constructively in shaping society.
Public education must be accessible to all, irrespective of class, culture, gender, disability, age or geographic location;
Public education should be free (ie: fully publicly funded and provided) so that school experience of the highest quality is not dependent on capacity or willingness to make a financial contribution

View our entire Policy document at :- www.qcpca.org.au

Major political parties education policies

ALP Policy http://www.alp.org.au/download/policy_document_completegreat_australian_schools.pdf
Liberal Party Policies - Investing in our schools. http://www.liberal.org.au/default.cfm?action=2004_policy
Democrats Schools Policy http://www.democrats.org.au/policies/#
Greens Education Policy http://www.greens.org.au/ploneprint/education.pdf

P &C Liability

P&Cs are established under section 81 of the Education (General Provisions) Act 1989.That Act regulates the overall operation of P&Cs.

P&Cs are organisations independent of a school and for that reason are responsible for their own actions.

Property ownership

Under the Act, any money or property acquired by a P&C is in effect owned by the Minister for Education. The Minister has the right to direct a P&C how to use that money or property,although in practice, the P&C makes those decisions.

The funds held by a P&C must be used, in this order:

1. to meet the P&Cs lawful expenditure.This would include the P&Cs running costs.As discussed below, this includes legal expenses.

2. to meet the objectives and functions of the P&C.This would include the funding of projects at a school, such as playground equipment, facilities or extra resources for students.

Legal action

Action against P&C

Under the Act, court action can be taken:

* by a P&C in its name, but only with the consent of the Minister, or

* against a P&C in its name. The Ministers consent is not required for this.

Any damages or costs incurred by a P&C and not covered by the P&Cs insurer (see below) are to be paid from the P&Cs funds.

A P&C may also incur legal costs in a dispute, even though legal action does not eventuate.For example, a P&C may, with the consent of the Minister, engage a solicitor to respond to a letter threatening legal action.These
costs may also be covered by insurance and, if not, can also be paid from P&C funds.

When legal action or a threat of legal action is brought against a P&C, an office bearer, a member or a volunteer, the P&C must refer the matter to its insurer as soon as possible as the P & Cs insurance policy may cover any resulting liability.

Action against individual involved in P&C

Both legislation and the insurance arrangements for P&Cs ensure that P&Cs, members and volunteers need not be unduly concerned about undertaking P&C activities in a responsible manner. Naturally, as is the case in their personal lives, members need to ensure that they do not do anything that is unacceptable as a member of a P&C that might negate or reduce the cover provided by the relevant legislation and insurance contract.

Any legal action arising out of the actions of members will almost certainly be taken against the P&C and not against an individual member. If action is taken against the P&C, then the P&Cs
insurer will manage the claim and pay associated costs under the conditions of the insurance see section on insurance below.

In the unlikely event that an individual member of a P&C is sued or is threatened with legal action because of something the member may have done in good faith as part of a P&C activity, then the member can approach the Minister and ask to be indemnified for any damages or costs incurred by the member in relation to the claim.

* If the Minister does indemnify the individual, the Minister may direct that P&C funds be used to pay.

* It is important to note that the Minister is not required to grant this indemnity.

* Depending on the circumstances of the claim, the Minister may refer the claim to the P&Cs insurer rather than grant an indemnity.Either way, the member will be protected against liability.

Volunteers who are not members of the P&C cannot apply to the Minister to be indemnified. However, volunteers may be protected from liability under the Civil Liability Act 2003.

In addition to the power of indemnity, the State Government introduced the Civil Liability Act in 2003 to respond to community concerns about public liability. That Act provides that volunteers undertaking community work including work done for educational purposes generally do not incur civil liability in relation to things done in good faith.

Protection will not be afforded to volunteers:

* if the volunteer has engaged in a criminal activity; or
* where the liability incurred would have been covered by insurance but that insurance was not taken out.

P&C members should be captured by this protection but this will not be known until the provision is tested in court.

Insurance

Under the Act, all P&Cs are required to hold insurance. The vast majority of P&Cs are covered by a General Liability policy with the Queensland Government Insurance Fund (QGIF).

The QGIF policy covers P&Cs, office bearers, members, and relevant volunteers for all amounts which the P&C becomes legally liable to pay:

* in actual or threatened litigation (this would include fees incurred by the P & C in engaging a solicitor to respond to a letter threatening legal action),

* as compensation for personal injury or property damage, including all charges, legal costs incurred by or recoverable from the P&C.

Personal injury includes defamation:

* unless the defamatory remarks are made in the knowledge that they are false; or

* are related to advertising, publishing, printing, broadcasting or telecasting activities conducted by the P&C or on its behalf.

Further advice on the terms of a P&Cs policy can be obtained from QGIF.

If the insurer rejects or does not accept a claim, the P&C cannot engage a solicitor without the Minister's consent.

Other liability issues raised by QCPCA

How long can a P&C continue if the officers positions are not filled?

The election of officers must be held at each annual general meeting of a P&C.

There is nothing to prevent members of the P&C from appointing members to temporarily carry out the roles of those positions if an election at the AGM fails to fill the positions. While the legislation does not specifically address the question asked, if a P&C is unable to continue in carrying out its functions its operations will lapse.

Is incorporation of P&Cs a solution to the issues of liability?

P&Cs are not eligible to become incorporated under the Associations Incorporation Act 1981.

One benefit of remaining unincorporated is the power of the Minister to indemnify an individual P&C member against liability incurred if sued. This power is discussed in the Departments Guidelines for Parents and Citizens Associations regarding liability.

While incorporated associations are generally insured there is no provision for indemnity of members beyond that provided for in the incorporated associations insurance. The insurance will indemnify the person only within the limits of the insurance cover.

The type of insurance held by incorporated associations and by P&Cs is similar and there is no benefit for P&Cs in incorporation.

Is directors and officers insurance an option?

Directors and officers insurance would not alter the position in relation to indemnity and all P&C members already have the added protection of the Ministers authority to grant an indemnity if that is warranted in a particular case.

The flexibility of the Ministers indemnity is likely to be more beneficial than insurance. The Minister will consider all aspects of the situation in making a decision concerning indemnification of a member of a P&C.

What happens to P&C funds if the P&C ceases to operate?

If a P&C is dissolved, the funds and property held by the P&C are first used to satisfy the P&Cs debts. The remaining funds and property are then used for the benefit of students at the direction of the Minister. The relevant Executive

Director manages the distribution of funds and property if a dissolved P&C and will consider the circumstances, including other schools that the children might attend.

If a P&C cannot continue to operate but the school remains open the Executive Director may decide that the property will remain at that school. If the school has no use for certain items they might be transferred to other schools for the overall benefit of students.