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Use of Departmental (including educational and childrens services

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					                                                                                                   Updated: December 2008

                                                                                      Policy Owner: Asset Services, Resources



Use of Departmental (including educational and
children’s services) sites for other than departmental
purposes1
NOTE: These guidelines do not apply to any Education / Early Childhood facility on
any site which is the subject of a joint use / tenancy arrangement or any site which is
the subject of a public / private partnership.

SECTION 1: USE OF SCHOOL FACILITIES FOR PRIVATE PURPOSES BY TEACHERS

For the purposes of furthering their skills in the specific areas in which they may be required
to teach, teachers may from time to time apply for approval to use school facilities in their
own time for personal work. Such use is permitted if the following conditions are met:

•      An indemnity form, as set out below, is completed by the teacher concerned and
       given to the principal.
•      The principal agrees to the use of the school facilities.

1.1         Indemnification

            IN CONSIDERATION of the Department of Education and Children’s Services
            (hereinafter referred to as "The department" which expression shall take to mean the
            Minister for Education and the State of South Australia and their respective servants
            and agents) allowing the entry upon the premises of and the use of facilities situated
            at .........................School, namely......................... which I intend to use on the day
            of....................20......(* or for the period commencing the.........day................20.....)
            between the hours of......... and .................for my own purposes and which I
            acknowledge would not otherwise than by reason of this Agreement be accessible
            to and available for use by me I HEREBY AGREE that I shall enter upon the said
            premises and use the said facilities entirely at my own risk and shall not in the event
            of injury to my person or property arising by reason of my entry upon the premises,
            the use of the said facilities or otherwise make any claim or demand whatsoever of
            whatever nature such claim or demand be for any loss, damage, costs,
            indemnification or similar remedy or otherwise arising by reason of the negligence of
            the said department, the liability of the said department as occupier of the premises
            or in any other manner AND I FURTHER AGREE that I shall indemnify and keep
            indemnified the said department against any claim or demand which may arise
            from injury sustained by any person or the property of any person (including the
            property of the said department) by reason of my entry upon the said premises
            and/or the use of such facilities whether such injury arises directly or indirectly there
            from.
              DATED this.........................day of............20.........

             SIGNED BY.........................


             Indemnity forms in the above terms may be printed at the school level.



1
    This information replaces paragraph 130 of Section 1 of the Administrative Instructions & Guidelines
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.

1.2    Safety

       When considering applications to use school facilities and/or plant and equipment,
       for the purposes outlined above, site managers are required to assess the risks
       before approving the application. The consultation process should include the staff
       member who is responsible for the oversight of the facility, plant and equipment
       and/or the health and safety representative.

         A risk assessment should identify:

         •   The hazards associated with the particular activity and the plant/equipment
             and the controls necessary to minimise or eliminate the risks associated with
             those hazards
         •   The skill level of the staff member in relation to use of the facility or plant and
             equipment
         •   The level of supervision required
         •   The functionality of the emergency contact system.

1.3    General

       All materials used for personal work, other than by persons attending further
       education or similar classes, are to be purchased privately.

       School facilities may be used for commercial purposes subject to prior approval
       from the Minister.

       After hours use of facilities should not conflict with normal cleaning arrangements.
       Cleanliness of the work area, or the facilities used rests with the user.

       Before vacating premises used outside normal hours of instruction, the user(s) is/are
       responsible for switching off power and lights and securing the premises unless
       alternative arrangements have been made with the cleaners or the caretaker.


SECTION 2: USE OF SCHOOL PREMISES BY WORKING BEES

From time to time the use of site equipment may be required for the construction or
provision of improvements to school facilities by working bees or other means.

Site managers must ensure a risk assessment of the total project, including an assessment of
the plant and equipment to be used is conducted before the working bee is held.

If the risk assessment reveals a risk which is considered significant and which can not be
safely managed, the activity or activities should not take place.

A risk assessment of the plant and equipment should consider, but is not limited to, such
things as the status of the plant/equipment (e.g. electrically tested, properly maintained),
skill level and competency of the likely operators and the level of supervision.
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.

SECTION 3: USE OF SCHOOL PREMISES BY COMMUNITY ORGANISATIONS.
3.1    Legislative power

       Education Regulation 5 authorises principals to grant the use of school premises to
       school bodies and, after consultation with and the agreement of the school council,
       to organisations not connected with the school, under such conditions as the
       Minister may determine.
       By arrangement with the principal, school bodies may use school premises for
       meetings, social occasions and school fund raising activities. "School bodies" is not
       defined in the Regulation but it is generally accepted to mean staff and student
       groups, school councils, council sub-committees and committees affiliated to
       councils pursuant to section 89 of the Education Act. Parent bodies such as the
       welfare club or parents and friends association constitute an affiliated committee.
       Organisations which receive approval under Education Regulation 5 are licensees
       which mean that they acquire no more than a contractual right to use the premises.
       They do not have any estate or interest in the property as is the case with a lessee.
       The Minister approves leases / joint use / tenancy arrangements and is a party to the
       lease document. Licences/agreements lists user situations which generally exceed
       the scope of Regulation 5 and which principals need to arrange in consultation with
       Property Services, Asset Services.

3.2    Conditions for use of school premises by external organisations
       The principal may, with the agreement of the school council, grant permission to
       external organisations to use school premises under the following conditions:
       Application should be made, in writing, to the principal.
       Formal user arrangements must be completed before the commencement date.
       Unless the circumstances fall within those described in Licences/agreements, this will
       require the use of one of two pro-formas shown, each of which should be produced
       on school letterhead. The "Use of school premises – agreement form" which is limited
       to terms not exceeding one year at any one time, will apply in most instances
       whereas the "Use of school premises by ethnic schools – agreement form" must be
       used to secure arrangements with ethnic schools' authorities. Additional conditions
       may be inserted in either agreement to reflect local school rules e.g. security
       measures, parking arrangements. Other clauses, including the final indemnity
       clause, must not be altered. For legal reasons a copy of the agreement must be
       retained for a minimum period of six years from the date on which it expired.
       Occasionally, a prospective hiring body may wish to secure hiring arrangements by
       means of its own licence. With the exception of those submitted by Commonwealth
       and State Government departments and instrumentalities, externally produced
       documents must not be affected without prior consultation with the department's
       Legal Officer.
       The "Use of School Premises – Agreement Form" provides for termination of the
       licence by mutual agreement, unilaterally by terminating for a breach of condition
       by either party or upon the expiry of the term of one year. The "Use of School
       Premises by Ethnic Schools – Agreement Form" replaces the right to terminate upon
       the expiry of the term of one year with the right to terminate upon giving three
       months notice, in writing, to the other party. Principals should contact the
       department's Legal Officer before taking steps to terminate an agreement with a
       user group for a breach of a condition.
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.

3.3    Hire fees
       Unless the organisation is one of these listed below, hire fees may be charged by the
       principal, with the agreement of the school council, provided that charges may be
       varied or waived where the premises are used for educational or public purposes or
       for other purposes approved by the council. Guidelines to assist principals and
       school councils to frame hiring rates are set out below.
       It is suggested that when determining hiring fees, principals and school councils
       adopt the following strategy:
       •   Survey the local area and compare the school's facilities with comparable
           facilities in the community.
       •   Obtain details of fees charged for comparable facilities by nearby schools and
           community controlling bodies, e.g. YMCA, local council, etc.
       •   Canvass demand for the particular facility within the community.
       •   Take into account type of use, objectives of the organisation (non-profit making
           or profit making), effect on school program and particular benefits that may
           accrue to students attending the school.
       •   Conduct a cost rating of the facility to be hired. Factors such as wear and tear
           on semi-expendable items such as tennis nets, gym mats and synthetic cricket
           pitches should be taken into account. Advice on the cost of operating standard
           facilities can be sought from Property Services, Asset Services.

       If agreement cannot be reached between the principal, in consultation with the
       school council, and the organisation concerned in respect of hiring arrangements,
       including the charging or waiving of the hiring fee, the matter should be referred to
       the appropriate Regional Director.
       Hiring fees must not be charged when rooms are used by:
       • Religious organisations using the facility for religious purposes.
       • Federal, state and local government bodies for polling purposes.
       • Ethnic schools' associations for the teaching of language and culture.
       • Family Life Association of South Australia, Inc where the service to
       • Parents and children are purely educational.
       • Community associations providing out-of-school hours and vacation
       • Care programs.

       However, hire agreements must be effected and the organisation can be required
       to meet any "out-of-pocket" expenses attributable to its use.
       "Out-of pocket" is defined as an additional, identifiable, direct outlay by the school,
       including the provision of materials, equipment and supplies attributable to the use
       of the school by the user group. It does not include normal expenditure incurred by
       the department on behalf of the school e.g. utilities, cleaning, security. Charges can
       also be made for the reimbursement of the following costs which are usually
       avoidable if the user group exercises proper management and control:
       Making good any losses or damage, including equipment, books, materials,
       furniture, classrooms and facilities.
       Additional cleaning costs as a result of the premises not being left in a clean and
       tidy condition.
       Additional security costs, such as a caretaker's overtime/call out allowance, as a
       result of the premises not being left properly secured. Principals are requested to
       establish a simple record to justify charges made in the "out-of-pocket" category.
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.

3.4    Suitability of activities

       Careful consideration should be given to the suitability of a facility for the type of
       activity to be undertaken by the intending user group. If doubt exists as to whether
       some aspect of the facility may create a risk of injury or damage to the property of
       any person, the principal must not hire the facility to the user group until satisfied
       that appropriate arrangements have been made to avoid any such risks.

3.5    Public liability insurance

       Subject to certain concessions extended to small user groups and "one-off" users
       which are explained below, hiring organisations must affect public liability insurance
       in accordance with the terms of clause 7 of the standard agreement (clause 8 in
       the ethnic schools agreement). Organisations must arrange for their insurer to note
       the interests of the "Minister for Education" in the insurance policy and also ensure
       that the Minister is covered not just for damage to school premises but also for any
       claims whatsoever (whether bodily injury or property damage) arising out of the use
       of the premises by the user.

       The amount insured must not be less than $10M for any one claim. The principal
       should ask to see a copy of the insurance policy and if, after perusal, doubt exists
       about whether it satisfies the terms and conditions of the user agreement then
       advice should be sought from the department's Legal Adviser. This can be achieved
       simply and quickly by transmitting a copy of the insurance policy, together with an
       explanatory note, to the Legal Officer, Fax number (08) 410.1866. All insurance
       arrangements must be in place before the licence agreement is executed.

       Public liability insurance may be waived in cases where small, non-profit making
       locally organised clubs or groups with less than 50 members are permitted to use
       school premises. However, the exemption from clause 7 (clause 8 in the case of the
       ethnic schools agreement) will not apply if, as a result of the user group's link with a
       parent body or affiliation with an association, the group can secure public liability
       insurance protection through the umbrella organisation's insurance scheme. For
       example, some ethnic schools have less than 50 members, but the compulsory
       insurance requirement applies to them because The Ethnic Schools Association of
       South Australia Inc. operates an insurance scheme for member schools.

       Public liability insurance need not apply in "one off" type user situations even though
       the activity may involve more than fifty participants/members e.g. family wedding
       reception. However, the user agreement must still be completed.
       School facilities must not be hired to an organisation which is exempted from the
       public liability insurance condition if the organisation intends to engage in an
       activity which is outside the limits allowed school councils under the terms of their
       Crown indemnity. Excluded activities are listed in AIG S5.16 headed Public liability.



       Whilst organisations exempted from the public liability insurance requirement may
       not perceive their activities as high risk ventures, they should be encouraged to
       consider the legal and financial implications that could arise if they operate as
       either an unincorporated or uninsured body. This is especially important if their
       activities extend beyond the school grounds.
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.

3.6    Accidents

       Departmental accident recording procedures must be observed in any cases
       where a member of a user group, or a person witnessing or in way connected with
       the activity is injured on school premises. The Accident/Injury Report Form ED155
       must be completed for accident/injuries to persons which result in
       hospitalisation/medical/dental treatment, where complications may result or where
       there is a possibility that legal action may be taken against the department and/or
       the user group. The agreement form provides for the user group to report the
       accident.

3.7    Users’ legal responsibilities

       Clause (8) of the Use of School Premises – Agreement Form and Clause (9) of the
       Use of School Premises by Ethnic Schools – Agreement Form bind outside users to
       obtain all the necessary permissions, licences and such things required by any Act or
       regulation. Outside users also bind themselves to comply generally with all legal
       requirements that affect their activity.

       Acts and regulations may include the Noise Control Act, the Tobacco Products
       Control Act and, if alcoholic drinks are to be provided, the Liquor Licensing Act.
       Users should also take note of the controls on over-crowding in Section 83BA of the
       Summary Offences Act. Section 83BA applies to all manner of gatherings of people.

       It is proper, if a potential hirer asks about the scope of Clause (8) or (9), to mention
       these Acts, but it should be emphasised when doing so that this does not pretend to
       be an exhaustive list. Hirers should be told to obtain their own advice about their
       responsibilities if they are in doubt.

3.8    Licences/agreements

       As indicated above licences to use school premises must be secured by formal
       agreement. Unless the proposed user arrangements fit the criteria principals must
       use one of the two proformas reproduced below. The standard licence ("Use of
       school premises – agreement form") which must not exceed one year at any one
       time may require modification if the particular facility is subject to special legal
       requirements e.g. swimming pools.

       The Public and Environmental Health Act and Regulations impose certain
       requirements on the operators of "public pools". Refer to S1.129 and the manual
       "Safety – guidelines for the operation of public swimming pools and aquatic centres
       – National Safety Council of Australia". These obligations need to be carefully
       managed and this could involve the insertion of additional clauses in the standard
       licence to preserve the rights and obligations of the respective parties.



       Pool user arrangements involving the Office for Recreation and Sport, the South
       Australian Amateur Swimming Association and the Royal Life Saving Society will
       need to take into account variations to hiring conditions negotiated direct with the
       department. Details can be obtained from the Manager, Manager Sport, Swimming
       & Aquatics Unit, tel. (08)8226 2403.
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.

       Generally, the standard licence is not applicable to circumstances such as the
       following:

       •   Use of facilities which have particular legal, safety or industrial implications eg.
           technical studies workshops.
       •   Exclusive use arrangements.
       •   More complex conditions relating to cost sharing or maintenance.
       •   Organisations which contribute to capital improvements to school facilities.
       •   Long term use.

       Queries on user arrangements involving any of the above features should be
       directed to Property Services, Asset Services.
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.


(SCHOOL LETTERHEAD) USE OF SCHOOL PREMISES – AGREEMENT FORM (Limited to a
             maximum period of one year at any one time)


             I,.......................................................................................................................,
             (Name of principal)
             principal,..........................................................................................................,
                       (Name of School) pursuant to the Education Act and Regulations hereby
             agree to allow the
             .............................................................................................................situated
                          (Name of Facility(ies))
                at..............................................................................................
                ......................... (Name of School) to be used
                by.............................................................................................
                ....... (Name of Person(s) or Organisation*) (hereinafter
                referred to as the user(s)), subject to the following terms
                and conditions which are hereby agreed to by the
                respective parties;


                 (1) The facility(ies) will be available for use between the
                 hours of
                 .........................and..............................on.......................................
                 or regularly (start time) (finish time) (Date)
                 on.......................................................................................
                 between the hours (eg 1st Tuesday of every month)
                 of.........................................................and.......................................
                 .................
                        (start time) (finish time) during the period commencing
             .........................................................and ending...............................................
(Starting date) (Finishing date)
(2) The user(s) is to pay a hire charge of


***.................................................per,..............................................................

         (night week, month, term, etc) the hire charge to be paid to
.......................................................................................................................... (Name of School)
School Council Inc., on or before
................................................................or.......................................................
          (Date)(weekly, monthly, etc)
            (3) The user(s) is to pay a bond/deposit of $..........................refundable at the
expiration of the term of the agreement provided that the
..........................................................................................................................
            (Name of Facility(ies)) has been left in an appropriate condition.
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.

            (4) The user(s) is to observe the following opening and securing arrangements
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
(To be inserted by the School)
            (5) For the purposes of the agreement, the user(s) is to use only that part of the
buildings or grounds specified in this agreement, and the entrances thereto.
            (6) The user(s) is to ensure that any furniture and equipment moved during the use of
the premises is replaced; that the premises will be left in a clean and tidy condition; that
proper care will be taken of the premises during use and any damage from such use
whether caused by negligence, recklessness or the wilfulness of the user(s), or their
servants, agents or invitees, is made good at the user(s) own cost.
            (7) The user(s) is to take out and maintain current throughout the term of this
agreement a public risk insurance policy with a reputable insurer in the name of

..........................................................................................................................

(Name of person(s) or organisation(s)) in which:

            (a) the Minister is indemnified in an amount of not less than $10M for any one claim
against any claims whatsoever (including injury to persons or damage to property) arising
out of the use of the school premises by the user(s); and
            (b) The Minister's interest as owner of the premises shall be noted in an amount of
not less than $10M in respect of any one claim.****
            (8) The user(s) will, obtain and keep current all necessary licences, exemptions,
permits, consents or manner of thing as required by law and comply with all provisions of
any Act or Acts of the State of South Australia and any regulations there under, which may
affect the use or occupation of the premises by the user in any manner whatsoever.
            (9) The user(s) must give written notice to the principal of the school of any accident
resulting in bodily injury occurring on school premises or in any way connected with the use
of school premises as soon as practicable. The notice must include details of the time,
place and circumstances of the accident and the names and addresses of any person(s)
witnessing the accident. The principal shall ensure that notice is effected by completing
the department's Accident/Injury Report Form (ED155).
            (10) The user(s) to observe the following extra conditions
...............................................................................................................................................................
.....................................................................................

  ......................................................................................................................... (School to insert
any additional condition(s) considered necessary) And, in addition, the user(s)
undertakes and agrees sufficiently to indemnify and keep indemnified the Minister for
Education, Children's Services and Training and all persons and bodies corporate acting
for or on behalf of the said Minister against all liability, claims, demands, actions, suits,
damages, proceedings, costs and expenses whatsoever (including injury to persons and
damage to property) for which the said persons or bodies corporate may be or become
liable directly or indirectly arising out of the use of school premises by the user(s) and for
such further sums in excess of those contained in any insurance policy relating to the use
of the school premises or for such amounts as may not be payable under any such
insurance policy.
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.

The User(s) obligation to indemnify the Minister under this clause is reduced in proportion to
the extent that the act or omission of the Minister contributed to the loss or liability.


       ...........................................................
                (principal)
                ...........................................................
                ...........................................................
                (Name of
                School)..........................................
                (Date)Accepted
    ............................................
              ..................................................................... (Signature)
              (Name and Title) ............................................
              ..................................................................... (Signature)
              (Name and Title) ............................................
              .....................................................................
         (Signature) (Name and Title) * * * * * (for).............................................................................
.................................
          (Name of Organisation) (Date)
* If the organisation is not an incorporated association, a company or other body
corporate, then the full names of the officers responsible (usually the organisation's
management committee) should be inserted. Each person named must sign as having
accepted the terms of the agreement.
** The term of the agreement must not exceed one year at any one time.***If use is to be
free, insert "$ nil".****The name of the insured must be inserted. If the user(s) is exempt from
the public liability insurance condition, which is explained in the Department's
Administrative Instructions and Guidelines, the clause must be deleted and initialled by
each of the parties to the agreement.
* * * * * * * ** * * * * * *
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.


(SCHOOL LETTERHEAD)USE OF SCHOOL PREMISES BY ETHNIC SCHOOLS – AGREEMENT FORM


I,.......................................................................................................................,(Name of
principal)principal,..........................................................................................................,
         (Name of School) pursuant to the Education Act and Regulations hereby agree to
allow the .............................................................................................................situated (Name of
Facility(ies)) at....................................................................................................................... (Name
of School) to be used by....................................................................................................
         (Name of Ethnic Schools’ Authority*)
of.......................................................................................................................
      (Address of the Authority) (hereinafter referred to as the user(s)), subject to the
following terms and conditions which are hereby agreed to by the respective parties;



            (1) The user may use
..........................................................................................................................(Name of the
Facility(ies)) between the hours of
..................................and..................................each........................................
            (Time) (Time) (Day of Week) commencing on ......................... and continuing until
terminated                  (Date)(Date) pursuant to clause (2).

           (2) (a) This agreement may be terminated by either party giving to the
           other party not less than three calendar months notice in writing. This clause does
           not limit the right of either party to terminate this agreement for breach by the other
           party.

           (b) Any notice of termination may be signed by any person authorised by the party
           giving notice of termination and may be served personally or may be sent by
           prepaid post to the principal at the school or to the address of the user as described
           in this agreement or as subsequently notified to the principal in writing by the user.

           (3) The user(s) is to pay "out-of-pocket" expenses** amounting to
$........................................... per.........................................the charge to be paid to

           (Week, term, etc). the.....................................................................................School
Council Inc., on or before
..................................................or.................................................................... (Date)(weekly,
monthly, etc.)

            (4) The user(s) is to pay a bond/deposit of $ ..................refundable at the expiration
of the term of agreement provided that the
.......................................................................................................................... (Name of
Facility(ies)) has been left in an appropriate condition.
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.

            (5) The user(s) is to observe the following opening and securing arrangements:
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
            .......................................................................................................................... To be inserted
by the School)

       (6) For the purposes of the agreement, the user(s) is to use only that part of the
buildings or grounds specified in this agreement, and the entrances thereto.

       (7) The user(s) is to ensure that any furniture and equipment moved during the use of
the premises is replaced; that the premises will be left in a clean and tidy condition; that
proper care will be taken of the premises during use and any damage from such use
whether caused by negligence, recklessness or the wilfulness of the user(s), or their
servants, agents or invitees, is made good at the user(s) own cost.

            (8) The user(s) is to take out and maintain current throughout the term of this
agreement a public risk insurance policy with a reputable insurer in the name
of...................................................................................................................................
................................................................................................................
            Name of person(s) or organisation(s)) in which:

       (a) the Minister is indemnified in an amount of not less than $10M for any one claim
against any claims whatsoever (including injury to persons or damage to property) arising
out of the use of the school premises by the user(s); and

       (b) The Minister's interest as owner of the premises shall be noted in an amount of
not less than $10M in respect of any one claim.***

       (9) The user(s) will, obtain and keep current all necessary licences, exemptions,
permits, consents or manner of thing as required by law and comply with all provisions of
any Act or Acts of the State of South Australia and any regulations there under, which may
affect the use or occupation of the premises by the user in any manner whatsoever.

       (10) The user(s) must give written notice to the Principal of the school of any
accident resulting in bodily injury occurring on school premises or in any way connected
with the use of school premises as soon as practicable. The notice must include details of
the time, place and circumstances of the accident and the names and addresses of any
person(s) injured and any person(s) witnessing the accident. The principal shall ensure that
notice is effected by completing the department's Accident/Injury Report Form (ED155).

           (11) The user(s) to observe the following extra conditions:



(School to insert any additional condition(s) considered necessary)
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.

And, in addition, the user(s) undertakes and agrees sufficiently to indemnify and keep
indemnified the Minister for Education, Children's Services and Training and all persons and
bodies corporate acting for or on behalf of the said Minister against all liability, claims,
demands, actions, suits, damages, proceedings, costs and expenses whatsoever (including
injury to persons and damage to property) for which the said persons or bodies corporate
may be or become liable directly or indirectly arising out of the use of school premises by
the user(s) and for such further sums in excess of those contained in any insurance policy
relating to the use of the school premises or for such amounts as may not be payable
under any such insurance policy.
The User(s) obligation to indemnify the Minister under this clause is reduced in proportion to
the extent that the act or omission of the Minister contributed to the loss or liability.


........................................................................

          (Principal) ..........................................................................................................................
(Name of School) ......................................
          (Date)



Accepted


     ............................................
               ..................................................................... (Signature)
     (Name and Title) ............................................
               ..................................................................... (Signature)
     (Name and Title) ............................................
               ..................................................................... (Signature)
     (Name and Title)
                                                          * * * **
(for).................................................................................................................. (Name of
Ethnic Schools' Authority)


.............................................................. (Date)
* If the Ethnic Schools' Authority is not an incorporated association, a company or other
body corporate, then the full names of the officers responsible (usually the Authority's
management committee) should be inserted. Each person named must sign as having
accepted the terms of the agreement. The address of each should be given. If the
Authority is an incorporated association which does not have its own premises, the address
of its public officer(s) should be given.
             ** Any charges that are made must comply with the definition of "out-of-pocket"
             expenses which is defined in the department's Administrative Instructions and
             Guidelines.
             *** Name of insured to be inserted.
                                                             * * ** **** ** *** * *
NOTE: These guidelines do not apply to any Education / Early Childhood facility on any site which is
the subject of a joint use / tenancy arrangement or any site which is the subject of a public / private
partnership.


Agreement for joint use of facilities on school grounds

School councils, established community organisations and Government departments and
instrumentalities (including local government authorities) can jointly contribute towards the
construction of a new facility or for improvements and additions, of a capital nature, to an
existing facility on school grounds which is to be made available for their own use or for
community use. In these instances, a formal legal agreement between the parties
(including the Minister as owner) will be required.

Before any firm commitment is entered into, the parties concerned should submit full
details of the proposal to Property Services, Asset Services.

The Assistant Director, Asset Services will arrange with the Legal Officer for the preparation
of an agreement, appropriate to the circumstances, which will contain full details of the
terms and conditions for the use of such facilities.

Use of premises by political groups

School and preschool premises may be hired out to political groups for meetings. However,
the site governing body should not hire out premises if it is reasonably anticipated that a
disturbance could occur arising from, or in relation to, the meeting.

It is important in agreeing to hire out premises for meetings that the purpose is appropriate
and the site cannot be seen by the community to be favouring a particular political party.

If there are any concerns about the suitability of a particular group, advice should be
sought, in the first instance, from Schools and District Operations.

Posters, banners and other party political material must not be displayed on departmental
buildings, fences or any part of a site, except on polling day if the site is being used as a
polling place.

				
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Description: Use of Departmental (including educational and childrens services