2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Mr Steve Doszpot) Education (Suspensions) Amendment Bill 2010 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 New part 2.7 2 5 Establishing government schools etc Section 20 (3), example 3 6 Suspension, exclusion or transfer of student by chief executive Section 36 (6) 3 7 Section 36 (7) to (10) and note 4 8 Appointment of authorised persons (government) New section 67 (4) 4 J2010-44 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 9 Applications for in-principle approval for proposed registration Section 83 (7) 5 10 Deciding in-principle applications Section 84 (7) 5 11 Application for provisional registration Section 85 (5) 5 12 Application for registration Section 87 (4) 5 13 Application for registration at additional campus Section 88A (5) 6 14 Application for registration at additional educational levels Section 89 (5) 6 15 Suspension, transfer or exclusion of students--Catholic systemic schools Section 104 (6) and (7) 6 16 Section 104 (8) to (12) 7 17 Appointment of authorised persons (non-government) New section 119 (4) 7 18 Reviewable decisions Schedule 1, new item 11A 7 19 Dictionary, note 2 8 20 Dictionary, new definition of director 8 21 Education Regulation 2005, section 6 heading 8 contents 2 Education (Suspensions) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Mr Steve Doszpot) Education (Suspensions) Amendment Bill 2010 A Bill for An Act to amend the Education Act 2004, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2010-44 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Education (Suspensions) Amendment Act 2010. 3 2 Commencement 4 This Act commences on 27 April 2010. 5 Note The naming and commencement provisions automatically commence on 6 the notification day (see Legislation Act, s 75 (1)). 7 3 Legislation amended 8 This Act amends the Education Act 2004. 9 Note This Act also amends the Education Regulation 2005 (see s 21). 10 4 New part 2.7 11 insert 12 Part 2.7 Guidelines following suspension 13 17B Guidelines--students returning to school after 14 suspension 15 (1) The chief executive must issue guidelines about students returning 16 to school after suspension. 17 Note For suspension of students, see s 36, s 36A and s 36B (government 18 schools), s 104, s 104A and s 104B (Catholic systemic schools) and 19 s 105 (other non-government schools). 20 (2) A guideline is a notifiable instrument. 21 Note A notifiable instrument must be notified under the Legislation Act. 22 (3) The principal of a school must take reasonable steps to comply with 23 the guidelines. page 2 Education (Suspensions) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 17C Review of operation of guidelines 2 (1) The Minister must review the first year of operation of the 3 guidelines issued under section 17B. 4 (2) The Minister must present a report on the review to the Legislative 5 Assembly within 3 months after the end of the first year of operation 6 of the guidelines. 7 (3) This section expires 2 years after the day it commences. 8 5 Establishing government schools etc 9 Section 20 (3), example 10 omit 11 Hindmarsh Education Centre 12 substitute 13 Murrumbidgee Education and Training Centre 14 6 Suspension, exclusion or transfer of student by chief 15 executive 16 Section 36 (6) 17 substitute 18 (6) If the student is suspended for 7 or more school days in a school 19 term (whether or not consecutive school days), the chief executive 20 must ensure that the student is given a reasonable opportunity to 21 attend appropriate counselling. Education (Suspensions) Amendment Bill 2010 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 7 Section 36 (7) to (10) and note 2 substitute 3 36A Immediate suspension by chief executive 4 (1) The chief executive may immediately suspend a student mentioned 5 in section 36 (1) (a) for not longer than 5 days if, in the chief 6 executive's opinion, the circumstances are of such urgency or 7 seriousness as to require the student's immediate suspension. 8 (2) The chief executive need only comply with section 36 (5) to the 9 extent that it is practicable and appropriate to do so. 10 (3) To remove any doubt, the chief executive may suspend a student 11 under this section while deciding what other action (if any) should 12 be taken in relation to the student under section 36. 13 36B Delegation by chief executive 14 (1) The chief executive may delegate the chief executive's power to 15 suspend a student from a government school for not longer than 16 20 days to the school's principal. 17 (2) The chief executive may delegate the chief executive's power to 18 transfer a student from a government school to another government 19 school to a public servant. 20 Note For the making of delegations and the exercise of delegated functions, 21 see the Legislation Act, pt 19.4. 22 8 Appointment of authorised persons (government) 23 New section 67 (4) 24 insert 25 (4) To remove any doubt, a person may be both an authorised person 26 (government) and an authorised person (non-government). page 4 Education (Suspensions) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 9 Applications for in-principle approval for proposed 2 registration 3 Section 83 (7) 4 substitute 5 (7) The chief executive must make a copy of the application for 6 in-principle approval available for inspection free of charge to the 7 public during normal business hours at the office of an 8 administrative unit administered by the chief executive. 9 10 Deciding in-principle applications 10 Section 84 (7) 11 substitute 12 (7) The chief executive must make a copy of the Minister's reasons 13 available for inspection free of charge to the public during normal 14 business hours at the office of an administrative unit administered 15 by the chief executive. 16 11 Application for provisional registration 17 Section 85 (5) 18 substitute 19 (5) The chief executive must make a copy of the application for 20 provisional registration available for inspection free of charge to the 21 public during normal business hours at the office of an 22 administrative unit administered by the chief executive. 23 12 Application for registration 24 Section 87 (4) 25 substitute 26 (4) The chief executive must make a copy of the application for 27 registration available for inspection free of charge to the public 28 during normal business hours at the office of an administrative unit 29 administered by the chief executive. Education (Suspensions) Amendment Bill 2010 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 13 Application for registration at additional campus 2 Section 88A (5) 3 substitute 4 (5) The chief executive must make a copy of the application for 5 registration available for inspection free of charge to the public 6 during normal business hours at the office of an administrative unit 7 administered by the chief executive. 8 14 Application for registration at additional educational 9 levels 10 Section 89 (5) 11 substitute 12 (5) The chief executive must make a copy of the application for 13 registration available for inspection free of charge to the public 14 during normal business hours at the office of an administrative unit 15 administered by the chief executive. 16 15 Suspension, transfer or exclusion of students--Catholic 17 systemic schools 18 Section 104 (6) and (7) 19 substitute 20 (6) If the student is suspended for 7 or more school days in a school 21 term (whether or not consecutive school days), the director must 22 ensure that the student is given a reasonable opportunity to attend 23 appropriate counselling. 24 (7) If the director excludes a student from all Catholic systemic schools, 25 the director must give the registrar written notice of the exclusion. 26 Note Director--see the dictionary. page 6 Education (Suspensions) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 16 Section 104 (8) to (12) 2 substitute 3 104A Immediate suspension by director 4 (1) The director may immediately suspend a student mentioned in 5 section 104 (1) (a) for not longer than 5 days if, in the director's 6 opinion, the circumstances are of such urgency or seriousness as to 7 require the student's immediate suspension. 8 (2) The director need only comply with section 104 (5) to the extent 9 that it is practicable and appropriate to do so. 10 (3) To remove any doubt, the director may suspend a student under this 11 section while deciding what other action (if any) should be taken in 12 relation to the student under section 104. 13 104B Delegation by director 14 The director may delegate the director's power to suspend a student 15 from a school for not longer than 20 days to the school's principal. 16 Note For the making of delegations and the exercise of delegated functions, 17 see the Legislation Act, pt 19.4. 18 17 Appointment of authorised persons (non-government) 19 New section 119 (4) 20 insert 21 (4) To remove any doubt, a person may be both an authorised person 22 (government) and an authorised person (non-government). 23 18 Reviewable decisions 24 Schedule 1, new item 11A 25 insert 11A 36A immediately parents of chief executive suspend student student Education (Suspensions) Amendment Bill 2010 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 19 Dictionary, note 2 2 insert 3 · administrative unit 4 · public servant 5 20 Dictionary, new definition of director 6 insert 7 director means the person occupying the position prescribed by 8 regulation. 9 21 Education Regulation 2005, section 6 heading 10 substitute 11 6 Catholic systemic schools--Act, dict, def director Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 page 8 Education (Suspensions) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au