Community Use of Schools – Hiring and Licensing

Completing a school council hire agreement template

Key points

The School council hire agreement template (DOCX) (staff login required) comprises 4 parts:

• Agreed Terms: this section of the hire agreement should not be altered unless legal advice has been obtained.
• Schedule 1: this section must be completed to reflect the conditions upon which the school council has agreed to hire out school premises to a third party. Instructions for completion of this section are set out in this document.
• Execution Page: this section will need to be amended to include details of the hirer. Instructions for completion of this section are set out in this document.
• Annexure A: this section includes a plan identifying the area to be hired.

Identifying the area to be hired

Item 3 of Schedule 1 requires the school council to insert a specific description of the area to be hired. If the area has a name or room number, it should be inserted. An accurate plan of the area (particularly if there is no unique way of identifying the area using words (for example, part of a school oval) should also be included in Annexure A. The area to be hired should be identified by being shown shaded or outlined in colour on the plan.

Hire fee

The amount of the hire fee and how it is paid should be clearly stated in Item 5 of Schedule 1. For example:

• $110 per day (GST exclusive) or
• $22 per hour (GST exclusive).

The hire fee is payable by the hirer within 14 days of receipt of the school council's invoice (see clause 3). It is recommended that this invoice be provided to the hirer as soon as possible (for example, when providing the hirer with a copy of the hire agreement for signing).

Security deposit

Payment of a security deposit will help protect the school council against costs incurred in circumstances where the hirer breaches the hire agreement (for example, the hirer damages the school or doesn't pay the hire fee). If this occurs the school council will generally be entitled to deduct the cost of repairs or non-payment from the security deposit. The amount of the security deposit should be inserted in Item 6 of Schedule 1.

Permitted use

Specific details of the hirer's permitted use of the area should be clearly inserted in Item 7 of Schedule 1. Please be aware that some uses may require that the hirer obtain specific permits (for example, local government/council permits) or licences (for example, temporary liquor licence). While it is the responsibility of the hirer to obtain these permits and licences (see clause 8(b)), it is recommended that the school council seek written confirmation from the hirer that all necessary permits/licences have been obtained.

Special conditions

Special conditions may be relevant if there are specific matters which the school council has agreed with the hirer that aren't otherwise covered by the general terms and conditions of the hire agreement. As any special conditions inserted into Item 11 of Schedule 1 will override the general terms and conditions of the hire agreement (to the extent of any inconsistency), legal advice in relation to the drafting of special conditions is strongly recommended.

Working with Children Check

Clause 17 of the hire agreement requires that, if required by the school council, the hirer comply with certain working with children and police check requirements. The school council should carefully consider the nature of the use, the time of use and its duty of care issues when considering what type of requirements the hirer should be required to comply with.

All hirers and/or their employees/volunteers/agents that engage in 'child related work' as defined in the Worker Screening Act 2020 (Vic) are legally required to have a valid Working with Children Check (WWCC) (or have their application in progress). It is the responsibility of the school council to confirm that all persons who legally require a WWCC have one.

For information to assist you in determining whether the relevant persons require a WWCC, refer to the WWCC website. If in doubt, contact the Legal Division.

Once the school council has determined what persons, if any, require a WWCC, the school council must obtain satisfactory evidence of a valid WWCC. This would involve:

• obtaining copies of the relevant person's WWCC card or assessment notice (the card would be preferable where possible as it contains the card-holder's photo) and keeping such copies on file with the hire agreement
• using the online checking system to confirm the status of the person's WWCC. This is done by entering the person's card number and surname on the WWCC website at Check Status, confirming the status, and file noting the date the status check was undertaken (a short note on the copy of the card/notice is sufficient).

If a person has applied for a WWCC and their application is currently being progressed, the person is legally permitted to commence child related work (so long as they have not previously been denied a WWCC). In these circumstances, the school council would require a copy of the person's application receipt, keep it on file, confirm the status online (as above) as 'in progress', and make a file note of the date the status check was undertaken.

If the school council requires that the hirer obtain police checks or comply with other requirements (such as relevant department policies), these will need to be communicated to the hirer in writing. A copy of this letter should be kept with the original hire agreement.

Signing the agreement

Once the hire agreement is completed, the hirer should sign two copies and then return both of them to the school council for signing. See step 13 in the School council hire agreements – template completion checklist (PDF) for further details on how to complete the execution page.

One copy of the hire agreement which has been signed by both the hirer and the school council should be provided to the hirer. The other fully signed copy should be kept in a safe place by the school council.