Legal Division Commercial and Property Law Unit Services Presentation by Regina Ewing Senior Lawyer, Commercial and Property Law Unit Legal Division

Todays presentation Financial management responsibilities Purchasing and contract management Scams Neighbour issues Debts and parents Emerging hot topics Further information Contacting the Legal Division

Financial management – business managers The legal framework Education and Training Reform Act 2006 Public Administration Act 2004 Financial Management Act 1994 Business manager’s are employed pursuant to Ministerial Order 200/199 Business managers are not in the Victorian Public Services (VPS) but are ‘public sector employees’ A business manager is a ‘chief finance and accounting officer’ Role is performed under the direction and control if the Principal Role is performed consistent with ‘Public Sector Values’ Responsible to the Principal for financial accounting and reporting, effectiveness of audit and effective use of resources

Financial management responsibilities The legal Framework

Purchasing and contract management Going to market Good practice is to perform appropriate due diligence checks on a proposed service provider, particularly when it is a new contractor or a specialised good/service. This might include looking at: what does the school need? what service providers can provide for those needs? should you advertise? how will you approach the market, i.e: –directly? –Expression of interest? –request for quote? what are other schools doing?

Purchasing and contract management Due diligence Once you find or decide upon a service provider, you may wish to also examine: whether the business is licensed in the specific type of business it conducts? do they have references? does the business you are contracting with have expertise in its area? do their services pose particular risks and liabilities to the school? do they have the requisite insurance cover?

Purchasing and contract management The contract You may have already decided on a contract through your approach to the market, i.e.: the service provider’s own contract; or a Department template. Once a contract is signed, a valid and legally enforceable contract comes into effect: Each party is legally required to perform their obligations as outlined in the agreement. If a breach of contract can be established, the non- infringing party has the right to elect to terminate OR continue with the contract.

Purchasing and contract management Remember: schools don’t enter into contracts, school councils do school councils are separate legal entities there are limits on the types of contracts that school councils can enter into.

Purchasing and contract management Purchasing Templates RFQ Short form agreements - goods and services Standing offer agreements – goods and services School uniform agreements EduGate > Services > Legal > Commercial and Property Law Unit > School Council – Purchasing Goods or Services Link: %20-%20Purchasing%20Goods%20or%20Services.aspx

Purchasing and contract management Using service provider contracts automatic renewal clauses indemnity clauses fee/service variations personal guarantees termination fees the laws of another state apply

Purchasing and contract management General Use School Council templates if possible The ‘School Council’ is the party to the contract (not the ‘School’). Know your Supplier Payments: how much, when and where? Clearly specify the goods or services Check the warranties and guarantees Pricing and Delivery Issues Termination: can you get out of the contract and if so, how? Automatic renewal – diarise notice periods Always read the contract - the whole contract.

Purchasing and contract management Policies and information Finance Manual for Government Schools - information on purchasing thresholds and issuing of purchase orders. School Policy Advisory Guide - information regarding School Councils and Contractors and Purchasing. School Maintenance System - gives schools easy access to maintenance suppliers who are compliant with occupational health and safety legislation, WorkSafe, “working with children” provisions, and appropriate insurance requirements.

Scams Directory listings Door to door sales Australian Consumer Law Misleading or deceptive conduct

Neighbour issues Fences The neighbour demands that the school contribute to the cost of a new fence – do we need to pay? The neighbour refuses to let us fix a fence – what do we do? We can’t agree on what sort of fence to put up – what’s the answer? Trees A tree on a neighbour’s property is damaging our fence or posing a risk – can we do anything? A neighbour thinks a tree on our land is damaging their property – what do we have to do? Neighbours (everybody needs good neighbours)

Debts and parents Charging parents for goods and services School council power to charge parents Parent payment policy Pursuing a debt Common debt queries Laptops and tablets Uniforms Excursions

Emerging hot topics Solar panels Schools who have queries relating to the purchase of solar panels can contact the Legal Division to see legal advice. Online services Schools wanting to know more about the key legal issues associated with the use of online services, please go to the Legal Division online services information sheet at: n-Sheets.aspx

Further information FAQs and Information Sheets The Legal Division has FAQs and information sheets on: Cleaning services Insurance Purchasing Fences Chasing up bad debts Invoice scams Link:

Contacting the Legal Division Phone: (03) (Monday –Friday 8.30am-5.30pm) Fax: