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Community Use of Public School Facilities Policy

policy

1. Policy statement

School facilities can be made available for use by third parties. Arrangements for use of school facilities by third parties must not adversely affect the safety or welfare of students and staff, and must not interfere with the normal operations of the school.  

2. Policy rules

Principals and college managers must:

  • determine if the use is appropriate and existing facilities are available and suitable for use before granting permission and entering into an agreement;
  • determine that the use of the facility does not adversely affect the safety or welfare of students and staff and does not interfere with the normal operations of the school;
  • contact Asset Planning and Services if a third party requests the use of school facilities ‘during school or college hours’;
  • undertake a risk management assessment of the third-party user by completing the Risk Assessment document;
  • only use the Department’s approved licence agreements and templates, and forward copies to Commercial Services for review before signing;
  • confirm that all third-party users using school facilities during school or college hours have a Nationally Coordinated Criminal History Check that is processed through the Department’s Screening Unit, and have a valid Screening Clearance Number before using school facilities;
  • comply with the Working with Children Checks in Department of Education Sites Policy and Procedures;
  • establish appropriate fees and charges for use of school facilities and at a minimum recover the costs associated with use by the third party;
  • keep one signed original licence agreement and provide the second original licence agreement to the licensee, and submit an electronic copy of the licence to Commercial Services; and
  • confirm that all fees received from the use of school facilities are credited into the appropriate mandatory revenue budget accounts of the school as stipulated in the ‘School Chart of Accounts’.

Guidance

This policy does not apply to:

  • agreements for provision of contracted services by third parties;
  • agreements for a facility, such as an oval, owned by the Department or a local government authority where its use is shared (commonly referred to as a shared use agreement);
  • agreements for the use of a third party’s land or property separate to the school site; and
  • overnight accommodation for third parties.

Principals and college managers have the delegated authority under the School Education Act 1999 to approve the use of existing facilities on school premises for a fixed period of no more than two (2) years, and a new licence agreement is prepared and signed for each period.

Principals and college managers do not have the delegated authority to approve third party use of canteens and uniform shops. Only the Director General can sign licence agreements for third party use of canteens and uniform shops under the Commercial Tenancy (Retail Shops) Agreements Act 1985.

Payment for the use of school facilities should be made to the school prior to third party use.

Principals and college managers should refer to Ikon service Community Use of Public School Facilities (staff only) before considering any licence agreements.

Principals are instructed there is an interim ban on the outdoor use of inflatable amusement structures, including bouncy castles, in public schools. Schools are also prohibited from using zorb balls.  The ban applies to situations where school facilities are made available for use by third parties. Refer to CEO Instruction - interim ban on the outdoor use of inflatable structures and banning of zorb balls.

3. Responsibility for implementation and compliance

Principals and college managers are responsible for implementation of this policy.

Line managers are responsible for compliance.

4. Scope

This policy applies to all principals and college managers.

5. Definitions

Property vested in the Minister for Education and Training being land, buildings and infrastructure.

The individual, group or entity permitted to use school facilities.

The person occupying the position of principal in a public school.

The person occupying the position of college manager in a student residential college.

Both public schools and student residential colleges.

Anytime the student residential college is open for students to be in residence.

The written contractual agreement between a school and third party.

The engagement of a third party to provide services to or on behalf of the school.

6. Related documents

7. Contact information

Policy manager:              

Director, Asset Planning and Services

Policy contact officer:

Principal Consultant, Property and Contracts

Email: PropertyLeasing@education.wa.edu.au

8. History of changes

Effective date Last update date Policy version no.
18 November 2018 21 August 2018 1.4
Minor changes to include reference to Public Schools D18/015165 and updated legislation links D18/0207680.
3 December 2020 2.0
Major review of policy undertaken. Endorsed by Director General 4 November 2020 D20/0560983.
3 February 2020 7 February 2022 2.1
Minor change to include CEO Instruction - interim ban on the outdoor use of inflatable structures and banning of zorb balls D22/0069672
3 December 2020 20 March 2023 2.2
Minor change to update related Policy title and link to Gifts, Benefits and Hospitality D23/0939588

9. More information

Supporting content

No supporting content found.

Policy review date

3 December 2023

Policy last updated

20 March 2023