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Calrossy Anglican School Ordinance 2019

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Calrossy Anglican School Ordinance 2019 DIOCESE OF ARMIDALE CALROSSY ANGLICAN SCHOOL ORDINANCE 2019 Long title An Ordinance to provide for the governance, administration and general management of Calrossy Anglican School. Preamble Whereas: A. The Council of Calrossy School was constituted by the Calrossy School Ordinance 1978 and was incorporated as a statutory corporation by Governor’s order dated 23 February 1990 in accordance with the Anglican Church of Australia (Bodies Corporate) Act 1938 (NSW) (Bodies Corporate Act) by The Calrossy School Incorporation Ordinance 1989 under the name ‘Calrossy School’ (Calrossy School). B. In addition The Calrossy School Incorporation Ordinance 1989 provided that Calrossy School was empowered to: (a) take and hold real and personal property to which the School may be beneficially entitled to;1 (b) take and hold all personal property now vested in the Corporate Trustees for the use and benefit of the School;2 and (c) make investments in accordance with section 25 of the Trust Property Act in respect of land vested in the Corporate Trustees;3 C. The Calrossy School Incorporation Ordinance 1989 provided that Calrossy School: shall not have financial recourse or be entitled expressly or impliedly to indicate that financial recourse may be had to the resources of the [Diocese] or to any Church trust Property (sic) other than that held by the Body Corporate and by the [Corporate Trustees] for the use and purposes of Calrossy School.4 D. Pursuant to the Tamworth Anglican Schools (Interim) Ordinance 2003 and the Tamworth Anglican College Ordinance 2005 (as amended by the Tamworth Anglican College Ordinance (Amending) Ordinance 2006), the Council of Calrossy School also assumed the supervision and control of the schools known as William Cowper Anglican Primary School and William Cowper Anglican Secondary Boys’ School under the name ‘Tamworth Anglican College’. E. Pursuant to the Tamworth Anglican College Ordinance 2005 (as amended) Tamworth Anglican College had the following property under its supervision and control: (a) real and personal property vested in Calrossy School on and from 23 February 1990; (b) real property of Calrossy School vested in the Corporate Trustees; and 1 Clause 1(b)(i) of the Calrossy School Incorporation Ordinance 1989. 2 Clause 1(b)(iv) of the Calrossy School Incorporation Ordinance 1989. 3 Clause 1(b)(v) of the Calrossy School Incorporation Ordinance 1989. 4 Clause 2 of the Calrossy School Incorporation Ordinance 1989. AR-120432-1-181-V2 1 (c) real and personal property of William Cowper Anglican School vested in the Corporate Trustees. F. In 2008, the Synod of the Diocese passed the Tamworth Anglican College (Change of Name) Ordinance 2008 to provide for the change of name from Tamworth Anglican College to Calrossy Anglican School. The Tamworth Anglican College (Change of Name) Ordinance 2008: (a) changed the name of Tamworth Anglican College to ‘Calrossy Anglican School’;5 (b) amended all references to Tamworth Anglican College to Calrossy Anglican School;6 and (c) changed the name of the Tamworth Anglican College Ordinance 2005-2006 to Calrossy Anglican School Ordinance 2005-2008.7 Calrossy Anglican School Ordinance 2017 G. In 2017, the Synod of the Diocese passed the Calrossy Anglican School Ordinance 2017. The Calrossy Anglican School Ordinance 2017: (a) repealed all past governance ordinances relating to the Calrossy Anglican School;8 and (b) amended the description of the governing body from Council to Board.9 Calrossy Anglican School Amending Ordinance 2018 H. In 2018, the Synod of the Diocese passed the Calrossy Anglican School Amending Ordinance 2018. The Calrossy Anglican School Amending Ordinance 2018: (i) amended the Constitution: • in respect of membership of the Board of Calrossy Anglican School;10 and • to include the fund rules for the Foundation CAS, Bursary fund, Scholarship fund, and Library fund11;12 and (ii) renamed the Calrossy Anglican School Ordinance 2017 as Calrossy Anglican School Ordinance 2017 – 2018.13 I. In pursuance of the said ordinances Synod has encouraged and in pursuance of this Ordinance Synod will continue to encourage Calrossy Anglican School to provide for the education of young people in Christian living and in the Christian faith as received by the Anglican Church of Australia. 5 Clause 4(1.1) of the Tamworth Anglican College (Change of Name) Ordinance 2008. 6 Clause 4(1.2) of the Tamworth Anglican College (Change of Name) Ordinance 2008. 7 Clause 5 of the Tamworth Anglican College (Change of Name) Ordinance 2008. 8 Clause 3.1 of the Calrossy Anglican School Ordinance 2017-2018. 9 Clauses 2 and 3.3 of the Calrossy Anglican School Ordinance 2017-2018. 10 Clauses 1 to 4 of the Calrossy Anglican School Amending Ordinance 2018. 11 We note that a public library is eligible to be endorsed as an ‘institution’ (as opposed to a fund) in accordance with item 12.1.2 in the table in section 30-100 in subdivision 30-B of the Income Tax Assessment Act 1997 (Cth). 12 Clause 5 of the Calrossy Anglican School Amending Ordinance 2018. 13 Clause 6 of the Calrossy Anglican School Amending Ordinance 2018. AR-120432-1-181-V2 2 J. Synod has a continuing interest in the maintenance and conduct of Calrossy Anglican School and deems it expedient to make the provisions hereinafter contained. K. Synod desires to confirm in the Calrossy Anglican School complete financial autonomy in the course of and for the purpose of managing and carrying on its affairs without recourse to financial resources beyond its control. William Cowper Anglican School (Election of Separate Trustee and Variation of Trusts) Ordinance 2019 L. In 2019 the Synod passed the William Cowper Anglican School (Election of Separate Trustee and Variation of Trusts) Ordinance 2019. The William Cowper Anglican School (Election of Separate Trustee and Variation of Trusts) Ordinance 2019: (a) elected the Calrossy Anglican School as separate trustee of the School Property as defined in that Ordinance; and (b) declared that the School Property is held for: (i) the religious purposes of the Diocese through the Calrossy Anglican School; and (ii) the educational purposes of the Diocese through the Calrossy Anglican School. Ordinance Now the Synod of the Diocese of Armidale assembled in pursuance of the powers conferred upon it HEREBY Ordains Declares Directs and Rules as follows: 1 Title This Ordinance may be cited as the Calrossy Anglican School Ordinance 2019. 2 Definitions and interpretation 2.1 Definitions In this Ordinance and Preamble, unless a contrary intention appears: Bodies Corporate Act means the Anglican Church of Australia (Bodies Corporate) Act 1938 (NSW). Calrossy Anglican School means the statutory corporation established under the Bodies Corporate Act by The Calrossy School Incorporation Ordinance 1989 originally under the name ‘Calrossy School’. Corporate Trustees means the Corporate Trustees of the Diocese of Armidale (ABN 64 984 070 512) constituted in accordance with section 5 of the Trust Property Act. Diocese means the Anglican Diocese of Armidale. Synod means the Synod of the Anglican Diocese of Armidale. Trust Property Act means the Anglican Church of Australia Trust Property Act 1917 (NSW). AR-120432-1-181-V2 3 2.2 Interpretation In this Ordinance, unless the context otherwise requires: (a) a reference to a statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements; (b) if a word is defined in the Bodies Corporate Act or Trust Property Act, it has the same meaning when used in this Ordinance; (c) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; (d) the words “includes” and “including” or words of similar effect are not words of limitation; (e) the singular includes the plural and vice versa and any gender includes any other gender; and (f) headings are for convenience only and do not affect interpretation. 3 Commencement (a) Upon the commencement of this Ordinance, all previous Ordinances relating to the governance, administration and management of Calrossy Anglican School are hereby repealed. Such repeal shall not affect the past operation thereof, nor anything done or commenced, nor any right, privilege, obligation or liability acquired, accrued, or incurred thereunder, nor shall it revive any Ordinance heretofore repealed. (b) The Ordinance shall come into effect on 1 January 2020. (c) The members of the Board of the Calrossy Anglican School at the date of this Ordinance shall continue as members of the Board of the Calrossy Anglican School. 4 Christian ethos of Calrossy Anglican School Members of staff of Calrossy Anglican School shall be persons of Christian faith and character evidenced by membership of a Christian church acceptable to the Bishop, wherever possible. If such an appointment is unable to be made, a prospective staff member shall record a written assurance with the Principal that they will support the Christian ethos of Calrossy Anglican School. 5 Constitution of Calrossy Anglican School The Constitution of Calrossy Anglican School is set out in the Schedule to this Ordinance. AR-120432-1-181-V2 4 SCHEDULE THE CONSTITUTION OF CALROSSY ANGLICAN SCHOOL 1 Title The Constitution of Calrossy Anglican School: (a) As and from the date of commencement of this Constitution any authority previously given to any committee or council for the control and management of the School is revoked. (b) The validity of any act done by a committee or council shall not be affected by the repeal of the previous Ordinances or revocation of authority given by them. 2 Table of provisions 1 Title 2 Table of Provisions 3 Definitions 4 Objects of the School 5 Not-for-profit 6 Board 7 Composition of the Board 8 Management of the Board 9 The Principal 10 Senior Executive 11 Financial Records 12 Indemnity 13 Dissolution 14 Visitor 15 Amendment to the Constitution 3 Definitions In this Constitution, unless a different intention appears: Bishop means the Anglican Bishop of Armidale.
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