School principals and community users have responsibilities when entering into a project deed or licence for joint use.
Project deeds are used for the joint construction of a school facility with a community partner e.g. Council, with the aim of joint use of the completed facility e.g. playing field. The project deed only covers the construction of the proposed joint use facility.
A separate licence will need to be drafted for the shared use when the facility is completed. In both cases the local Asset Management Unit and Legal Services Directorate will need to be involved very early on in the process.
Project deeds and joint use licences are large undertakings for both the school and community users.
The following are the general responsibilities for school principals and community users to take into account before considering entering into a project deed and licence for joint use.
The school principal:
- makes keys available to the community user or developer to enable access to facilities
- ensures that the facilities are clean and in good order prior to community use
- advises the community user of any issues which may impact on the health and safety of users.
The community user:
- organises and fund the upgrade of the facility to community standards as appropriate
- obtains Department of Education and development consent to any proposed upgrading works
- ensures that the facilities are left clean and in good order each time they are used by the community
- makes good or reimburse the school for any damage to the facility or equipment as a result of community use
- maintains the facilities including line marking, mowing, turfing, providing top soil, weeding and the like
- has appropriate public liability insurance of no less than $20 million for any one event
- has workers compensation insurance for any council employees who are employed in connection with the use of the facilities and equipment
- indemnifies the Minister and the Department of Education against any claims or actions made by invitees or other members of the public as a result of using the facilities unless caused by a negligent act or omission of the department's employees
- reports to the principal any damage, accidents or contentious incidents occurring during the use of the facility.
The Council as community user:
- ensures that community users are aware of their responsibilities under child protection legislation and is carefully assessed prior to an agreement being made for the use of school facilities
- allocates the use of the facility to organisations such as sporting associations and collects the usage fee and security bond from them
- hands out and collects keys to sporting and toilet facilities, and ensures that all facilities are secured at the end of use.