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Is Marist College Legal?

By Zilog - 10 July 2008 55

I have my doubts, as I’ve expressed to pollies and Jason Parker (see below). Could be sensational, not to mention slightly disruptive….

Dear Madam or Sir,

  You may be aware of speculation in the media in recent days, and comments by Jason Parker of Porters lawyers on behalf of victims, on ABC’s Lateline last evening, in relation to the apparent difficulty encountered identifying the legal operator of the college.

  Are you able to advise me who operates this institution? And more pertinently, in which entity does legally responsibility for a duty-of-care ultimately reside?

  If not, I would respectfully suggest that this college may be operating illegally. This should be brought to the attention of the Federal minister.

  Further, if it is unclear where liability lies, I would suggest that no parent could, in good conscience, allow their child to return to said college following the current break. Indeed, should they be on the premises in the mean-time?

  Can this be resolved expeditiously? Otherwise one might be inclined to petition the ACT Supreme Court seeking to injunct the college and cease its operation, with great attendant disruption, until such time as these issues are resolved.

  Yours faithfully,

  An alert and alarmed parent

What’s Your opinion?


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55 Responses to
Is Marist College Legal?
barking toad 10:10 am 11 Jul 08

Those who may have suffered through the actions of some former staff at Marist risk losing sympathy and support from the incessant posting on RA.

I’m sure most of RA readers/posters understand the issues without being constantly reminded by threads on here.

Set up your own dedicated site.

Skidbladnir 9:17 am 11 Jul 08

Didn’t I previously have a post in this thread somewhere near the top? 🙁

Headbonius 5:42 am 11 Jul 08

That was some nice editing Mods. Well done.

crap 9:24 pm 10 Jul 08

From the Marist College Ashgrove privacy statement.

http://www.marash.qld.edu.au/privacy.shtml
It seems that the trustees of the marist brothers can be found at:-

Trustees of The Marist Brothers, PO Box 138, Drummoyne, NSW 1470.

these People can also be found there:-

Sydney Province Office Directory & Services
Br Jeff Crowe – Provincial
P.O. Box 138
Drummoyne NSW 1470
Tel: 02 9819 6622
Fax: 02 9819 6184
Email: provincial@fms-sydney.org.au

Br William Selden – Vice Provincial
P.O. Box 138
Drummoyne NSW 1470
Tel: 02 9819 6622
Fax: 02 9819 6184
Email: bselden@fms-sydney.org.au

Peter McNamara – Executive Director
The Executive Director’s role involves the animation and co-ordination of the team of people who work in the Ministries Office, ensuring that the most appropriate services are available to ministries when required. As well as working with the office team, the Executive Director liaises with the Education Advisory Council (EAC), Religious Institute Schools (RIS), Marist Youth Care (MYC), Catholic Offices & Agencies, Principals and Ministry Leaders, and the Association of Marist Schools of Australia (AMSA). The Executive Director also works closely with the Province Secretary.

P.O. Box 138
Drummoyne NSW 1470
Tel: 02 9819 6622
Fax: 02 9819 6184
Email: pmcnamara@fms-sydney.org.au

Br Anthony Robinson – Province Secretary
The Province Secretary’s role is concerned with the administration and management of the Province and includes: the running of the Province office, property, finance and legal matters. The Province Secretary is also the link between the Ministries Office and those who animate the life of the Brothers.

P.O. Box 138
Drummoyne NSW 1470
Tel: 02 9819 6622
Fax: 02 9819 6184
Email: arobinson@fms-sydney.org.au

Mr Bernard Kenna – Business Manager
P.O. Box 138
Drummoyne NSW 1470
Tel: 02 9819 6622
Fax: 02 9819 6184
Email: bkenna@fms-sydney.org.au

Br John Maguire – Provincial Bursar
P.O. Box 138
Drummoyne NSW 1470
Tel: 02 9819 6622
Fax: 02 9819 6184
Email: jmaguire@fms-sydney.org.au

crap 9:11 pm 10 Jul 08

You may be interested in the below. Look at piont (i)
Surely the marist brothers know who there trustees are. if in fact the marist brothers are not the trustees of the marist brothers. In every document i have seen over the years it has said” Marist College Canberra is a catholic school for boys ran by the Marist Brothers”

http://www.austlii.edu.au/au/legis/nsw/consol_act/rcccla1942370/s4.html

ROMAN CATHOLIC CHURCH COMMUNITIES’ LANDS ACT 1942 – SECT 4
Trustees to be bodies corporate
4 Trustees to be bodies corporate

(1) The trustees of community land for each community shall, by virtue of this Act, be a body corporate, having perpetual succession and a common seal, and being capable of acquiring, holding and disposing of any property, real or personal, and of suing and being sued in its corporate name and of doing and suffering all such acts and things as bodies corporate may by law do or suffer.
(2) The corporate names of the trustees of community land for the several communities shall be:
(a) for the Sisters of the Brigidine Congregation, the “Trustees of the Sisters of the Brigidine Congregation”, and
(b) for the Brothers of the Christian Schools of Ireland, the “Trustees of the Christian Brothers”, and
(c) for the Brothers of the Christian Schools, the “Trustees of the De La Salle Brothers”, and
(d) for the Sisters of Saint Dominic of New South Wales, the “Trustees of the Sisters of Saint Dominic”, and
(e) for the Sisters of the Good Samaritan of the Order of Saint Benedict, the “Trustees of the Sisters of the Good Samaritan”, and
(f) for the Sisters of Mercy (Parramatta), the “Trustees of the Sisters of Mercy (Parramatta)”, and
(g) for the Society of Mary for the Province of Australia, the “Trustees of the Marist Fathers for the Province of Australia”, and
(h) for the Society of Mary for the Province of Oceania, the “Trustees of the Marist Missions of the Pacific”, and
(i) for the Marist Brothers of the Schools, the “Trustees of the Marist Brothers”, and
(j) for the Sisters of Mercy (North Sydney), the “Trustees of the Sisters of Mercy (North Sydney)”, and
(k) for the Fathers of the Passion, the “Trustees of the Passionist Fathers”, and
(l) for the Sisters of Saint Joseph of the Sacred Heart, the “Trustees of the Sisters of Saint Joseph”, and
(m) for the Congregation of the Mission, the “Trustees of the Vincentian Fathers”, and
(n) for Our Lady’s Nurses of the Poor, the “Trustees of Our Lady’s Nurses of the Poor”, and
(o) for the Daughters of Our Lady of the Sacred Heart, the “Trustees of the Daughters of Our Lady of the Sacred Heart”, and
(p) for the Order of Preachers, the “Trustees of the Dominican Fathers”, and
(q) for the Sisters of Mercy, Diocese of Bathurst, the “Trustees of the Sisters of Mercy, Diocese of Bathurst”, and
(r) for the Sisters of St. Joseph, Diocese of Bathurst, the “Trustees of the Sisters of St. Joseph, Diocese of Bathurst”, and
(s) for the Sisters of Charity of Australia, the “Trustees of the Sisters of Charity of Australia”, and
(t) for the Sisters of Mercy, Diocese of Lismore, the “Trustees of the Sisters of Mercy, Diocese of Lismore”,
and for each community named in the first column of Schedule 2 shall be the corporate name set out opposite thereto in the second column of such Schedule.
(3) The objects of a body corporate created by this Act include:
(a) the operation and conduct of educational, welfare and health institutions, organisations or other bodies, and
(b) the performance of all such acts, matters and things of any nature (which may include, without limiting the scope of this paragraph, borrowing money) as, in its opinion, are or may be for its benefit or for the benefit of the community to which it relates.

imhotep 5:51 pm 10 Jul 08

Mick1965 said :

(Mick 1965) I know you Marist Brothers have a better place for his tongue but please note that can now get you into all sorts of strife (well, that’s if your buddies don’t look the other way).

Er Mick, the people responsible for the abuse have been identified and punished. If you have information about others speak up, or shutup. (I didn’t realise you found the issue so amusing BTW)

BerraBoy68 4:50 pm 10 Jul 08

Interesting how not one person has disagreed with the actual issue raised by Zilog though (forgetting of course the usual pedantry in RA of style over content – but what the hell I’ve done that myself in other threads, it’s what RA’ers do best!).

The point he is making is valid – Who is responsible at Marist now, the P&C association? I bet they’re well pleased! Or the teachers? If I was one of them I’d cancel any plans to take my class on any excursion until someone takes charge. The school has made clear that those that run reside in some ether where they can’t be held responsible for any abuse, injury etc. suffered by anybody in their care. Apparently, according to their laywers, the school is now run by individuals all doing their own thing together. That can’t be right can it? So if some poor kids get hurt doing PE and breaks his neck, how is he going to live on the cash he gets from suing a PE teacher?

I think the Government needs to have a good hard look at this for everybodies sake, including the teachers, clerical staff, cleaners, etc.

p1 3:04 pm 10 Jul 08

Was the original post sarcasm? Because if it was, I totally missed it.

Mick1965 12:56 pm 10 Jul 08

I think the loony is anyone who cannot tell that ZILOG has his tongue firmly implanted in his cheek.

I know you Marist Brothers have a better place for his tongue but please note that can now get you into all sorts of strife (well, that’s if your buddies don’t look the other way).

blueberry 12:09 pm 10 Jul 08

Yes but a poorly worded pseudo-legal talk letter doesn’t help the situation, it just makes the writer look like a loony.

If you really want to bring it up with them write a normal letter or get a lawyer to write one in legal speak if you must. But trying to fake legal speak is just going to get you ignored.

Canberra Gardener 11:59 am 10 Jul 08

They also don’t seem to understand the legal seriousness of an organisation like a large private school operating with no legal entity involved.

Fact is they can’t operate with no legal entity. One must exist.

So it’s simple, as any parent who sends their child to that school now, must understand that they do so at their own legal risk. If it does not exist legally, it cannot, and should not be allowed to operate.

I wouldn’t do it…….peadophile issues or not…….because it only leaves the children exposed. To everything.

Think about it.

Mick1965 10:27 am 10 Jul 08

Zilog,

I get it.

Seem the Marist Brothers who responded (above) don’t think it’s funny! 😉

Nosey 9:46 am 10 Jul 08

Here here tickboom.

We are all aware of the current issues at “said college”

Keep your pretentious letters to yourself.

Posting it did not make you look like a “said college” graduate but more like a sook.

Wide Boy Jake 9:44 am 10 Jul 08

I think there’s as much chance of Marist closing down as there is of the Canberra light rail system being built. In other words zilch.

tickboom 9:41 am 10 Jul 08

“…said college…”

“…one might be inclined…”

Pretentiousness meter rating: high.

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