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How to change a governing council’s constitution – schools

Before you start

There is information about when and why to change a council constitution. If your council does need to change its constitution it has to be approved by the Minister. The Minister also has the power to change constitutions.

These steps are for when a school wants to change the constitution for a:

Amending the constitution

A constitution may be amended by the council by special resolution and approval, in writing, by the Minister (or delegate).

A special resolution of the council means a resolution (motion) for the purposes of amending the constitution. A least 21 days written notice needs to be given to council members specifying the intention to have a special resolution to amend the constitution. 

A special resolution to pass an amendment to the constitution must be passed by a majority of not less than three quarters of council members who vote in person, or by proxy at that meeting.

The meeting can either be an extraordinary or an ordinary meeting of council.  

Voting on an amendment

A majority of the council must agree to the changes and special resolution. The majority must be no less than three quarters of members. The members can vote in person or by proxy.

Keep a record

Any changes that your council wants to make to the constitution must be recorded in the minutes.

Request the change

The chairperson will forward the proposed constitution, accompanied with a letter and the special resolution meeting minutes to the education director, who endorses and forwards it to the director, Conditions for Learning directorate, through the Site Governance Team.

Approval

Once approved, the new constitution will be sent in hard copy to the chairperson. The education director and the site’s principal will receive an electronic copy. An approved constitution will have an ‘approved by’ stamp on the front page, and will be signed and dated.

A change to the constitution is not valid until it has been submitted and approved in writing by the minister (or their delegate).

Contact

Site Governance, Partnerships, Schools and Preschools

Phone: 8226 9617
EmailEducation.sitegovernance [at] sa.gov.au