Australian Capital Territory Bills Explanatory Statements
[Index]
[Search]
[Download]
[Bill]
[Help]
EDUCATION BILL 2003
THE LEGISLATIVE ASSEMBLY
FOR
THE AUSTRALIAN CAPITAL
TERRITORY
EDUCATION BILL
2003
EXPLANATORY
STATEMENT
Circulated by Authority
of
Katy Gallagher MLA
Minister for Education, Youth &
Family Services
CONTENTS
EDUCATION BILL
2003
EXPLANATORY
STATEMENT
OUTLINE
The purpose of the new legislation is to consolidate,
update and replace existing legislation for the education of children in the
ACT.
Background
The Government issued an exposure draft of the Education
Bill in 2002 inviting comment on the legislation. The Bill has been
substantially changed to incorporate the many comments received in response to
the Exposure Draft and following the relevant recommendations of the Connor's
Inquiry into Education Funding in the ACT.
Improvements and clarifications of the original Bill
cover school accountability and information requirements for all schools, new
principles that recognise the individual needs of students at risk and new
principles and provisional registration requirements for home education. The
conditions for the registration of non government schools have been clarified
and procedures for new non government schools included.
Aims
and purpose of the legislation
The Education Act 2003 provides a foundation for the
provision of high quality education of children at school or at home in the ACT.
It incorporates values and principles that are founded on every child’s
right to a high quality education and recognise children’s individual
education needs. It recognises the obligations of parents and government to
implement those principles and the right of parents to choose a suitable
educational environment for their child.
The legislation is designed to be enduring and allow for
change within a practical framework for the governance and management of
government schools and regulation of non government schools and home education.
It provides a legislative foundation for the reporting
and accountability obligations of all involved in the education of children.
The proposed legislation replaces all existing law
relating to the education of children at school and at home in the ACT.
DETAILS
Detailed explanation of each section of the Bill
follows.
CHAPTER
1 GENERAL
Part
1.1 Preliminary
Section
1 Name of Act
Names the Act
Section
2 Commencement
The Minister is to issue a notice to fix the date on
which the legislation takes effect.
The Legislation Act 2000 (Section 79) ensures that all
provisions must commence no later than 6 months after the notification day.
Section
3 Dictionary
Refers to the Dictionary at the end of the Act
containing defined terms used in the Act.
Section
4 Notes
The notes provided in the legislation are not part of
the law and are intended to assist readers with additional information or
explanation.
Section
5 Offences against Act - application of Criminal Code etc
The Criminal Code (with regard to general principles,
the definition of criminal responsibility and terms used for offences to which
the Code applies) and the Legislation Act with regard to penalty units, apply to
this Act.
Section 6 Meaning of
parent and carer
A standard definition of parent and carer, derived from
the Children and Young People Act 1999, is used in order to clearly
assign responsibility for a child (in respect of obligations under this Act) to
the people who have legal responsibility for the child's care, welfare and
upbringing.
For example, a person having the legal responsibility
for a child may be a natural parent, a foster parent, or any one assigned the
responsibility by a court. It does not include the person responsible for the
care of a child in a child care centre.
(1) In this Act a parent includes a carer.
(2) In this Act a parent is a person
having parental responsibility for the child under the Children and Young
People Act 1999 (see Chapter 2 Part 3).
(3) In this Act, a carer is a person who
is a carer under the Children and Young People Act 1999, section
5.
Part
1.2 General principles and objects
Section
7 General principles of Act
States the principles on which school education is based
covering the right of children to receive a high quality education. Without
limiting its meaning and scope, a high quality education is based on the
principles subsequently listed in the section.
The first principle states that education provides a
foundation for a democratic society.
The section lists the other general principles in terms
of what school education should do. These are:
• aim to develop every child’s
potential and maximise their educational
achievements;
• promote students’
enthusiasm for lifelong learning and their optimism for the
future;
• encourage parents to take part in
the education of their children, and recognise their right to choose a suitable
educational environment;
• recognise the
social, religious, physical, intellectual and emotional needs of all students;
• aim over time to improve learning outcomes
so that student outcomes are free from disadvantage because of economic, social,
cultural or other causes;
• encourage all children to complete
their senior secondary education;
• provide
access to a broad education; and
• recognise
the needs of Indigenous students.
Further principles are that:
• innovation, diversity and opportunity
within and among schools should be encouraged;
• effective quality assurance mechanisms
should be applied to school education;
• government funding should be directed to
children through their schools or school system;
• the partnership between the home,
community and educational providers is recognised;
and,
• information should be given to school
communities about the operation of their school.
Sub section (3) specifies that each
person involved in the administration of this legislation or in the education
for children of school age in the ACT, is to apply the principle that school
education recognises the individual needs of children with disabilities.
Appropriate provision should be made
for those needs, unless it would impose unjustifiable hardship on the provider
of the school education.
Sub section
(4) prohibits the use of corporal punishment in ACT schools.
Section
8 Main objects of Act
The objects of the Act are to:
• state parent and government responsibilities in
relation to school education and the principles and values on which government
and non government school education and home education are based;
• promote compulsory school education of children;
and
• state when attendance at school does not apply
including suspension and exclusion from school.
The Act provides for the operation and governance of
government schools.
The Act provides for the registration of non government
schools and the registration of home education.
CHAPTER
2 SCHOOL ENROLMENT AND ATTENDANCE
Section
9 Meaning of compulsory school age
Defines "compulsory school age" as between
the ages of 6 and 15 years old.
Section
10 Compulsory enrolment
All children of compulsory school age (between 6 and 15)
are to receive an education recognised by the government either at a school or
at home. Parents of all children resident in the Territory are to ensure that
children are enrolled in a government school, registered non government school
or registered for home education.
Parents face a penalty for non compliance.
(1) States the application of the section to parents of
children of compulsory school age.
(2) Requires the parents of children of compulsory
school age to enrol them in an appropriate government or non government school
at the appropriate educational level, or apply to register them for home
education. It stipulates the penalty for non compliance.
(3) This subsection allows for the case where a child
resident in the ACT receives a school education recognised by another Australian
jurisdiction (eg by attending a school interstate). It states that sections (1)
and (2) do not apply when the child lives in the ACT but is enrolled interstate
in a school recognised by the law of the state.
This subsection also states that sections (1) and (2) do
not apply when an exemption certificate is in force for a child, or the parents
have a reasonable excuse for not complying with the subsection.
(4) States that an offence against this section is a
strict liability offence.
Section
11 Compulsory attendance
This section requires parents to ensure their children
regularly and consistently attend the school at which they are enrolled.
Attendance includes all activities of the school relevant to the child, for
example, a sports day, and a course in which the child is enrolled such as dance
or music or vocational training that is provided off campus.
(1) Defines the application of the section to the
parents of children of compulsory school age enrolled in a government or non
government school.
(2) and (3) Requires parents to ensure their children
attend the school or a school activity (or approved educational course) in which
they are enrolled and stipulates penalties for non compliance without a
reasonable excuse.
A reasonable excuse for non attendance would include
illness or an important family event (such as the funeral of a close relative).
It states that an offence is defined as a strict
liability offence under the ACT Criminal Code. This means that if a parent makes
a genuine mistake, for example about whether a school is open on a particular
day, whilst the offence is still committed, this is taken into
account.
Section
12 Information about school age-children
This section enables the chief executive to investigate
the circumstances where it is reasonably suspected that a child does not receive
an education either at a school recognised by the government or at home by
registered home education.
This section enables the chief executive to obtain
information about a child of compulsory school age in order that sections 10 and
11 dealing with school enrolment and attendance may be enforced.
The chief executive is required to give written notice
to parents requesting them to supply information about children of school age
residing in a house and parents are required to comply with the written notice.
A penalty is stipulated for non compliance. An offence
against this section is a strict liability offence.
Section
13 Employment of children under school-leaving age
The section precludes the
employment of children under school leaving age when the child is required to
attend a school, a school activity or an approved educational course. It
stipulates a penalty for non compliance. An offence against this section is a
strict liability offence.
The section also applies where a child under school
leaving age is residing interstate or is enrolled in a school interstate. (For
example, it is illegal to employ a child under school age in the ACT whether or
not the child's residential address or school is in the ACT or
NSW).
Section
14 Exemption Certificates
The section provides for exemption from attendance at
school of children of school age through the issuance of an Exemption
Certificate by the chief executive.
This provision allows children to pursue educational,
vocational training or employment opportunities other than at school, before the
school leaving age, if this is in the best interests of the child.
It also provides for exemption from school if it is in
the child's best interest in order to best provide for the care, health,
development and education of the child, for example to receive medical care or
other care or assistance.
Section 15 Duration of exemption
certificates
The section requires exemption certificates to state the
period for which the exemption applies and places a limit on any exemption from
schooling for any child.
Section
16 Revocation of exemption certificates
The section enables the chief executive to cancel an
exemption certificate if it was issued in error or the ground on which the
certificate was issued ceases to apply.
Section
17 Student transfer register
The section requires the chief executive to establish
procedures for recording students’ transfers between schools in the
ACT.
CHAPTER
3 GOVERNMENT SCHOOLS
Part
3.1 General
Section
18 Principles on which ch 3 based
States the principles on which chapter 3 is based for
the provision of the ACT government school system.
The principles cover: equity, universality, non
discrimination, that government schooling is free and open to everyone and
offers a broad, balanced secular education to all children from preschool to
year 12.
It states that the government school system is committed
to
• providing
reasonable access to public education for all children in the
ACT;
• maximising
student educational achievements and
opportunities;
• developing
the emotional, physical and intellectual well being of all students;
• responsiveness
to community needs;
• innovation,
diversity and choice;
• preparing
students to be effective local and global citizens;
• teacher,
student and parent participation in all aspects of school education;
• combining
central policies and guidelines with school level policies and decision making;
and,
• making
information available about, and being accountable for, the operation of
government schools.
It also states that government funding is provided to
schools to support these principles and commitments, and in recognition of the
diversity of student needs.
Section
19 Minister to seek advice
This section requires the Minister to seek advice from
the Government Schools Education Council on budgetary priorities and strategic
directions for Government schools. The Council is established under section 54.
This requirement does not limit the Minister in the
matters that may be considered in deciding budgetary priorities and strategic
directions for government schools.
Part
3.2 Establishment and operation of government schools
Section 20 Establishing
government schools etc
This section provides for the establishment of
government schools and preschools by the Minister. It enables the Minister to
decide what kind of schools to establish.
Section 20 enables the Minister to establish a school
with any combination of educational level from preschool or kindergarten to year
12, a special school or other school or school related institution or service.
The latter power enables the Minister to establish
institutions and services that support the operation of schools, for example
institutions to assist behaviourally disturbed children, institutions providing
educational materials and equipment and any other institution or service
designed to assist schools and their students.
(1) Enables the Minister to establish government
schools, preschools and other related educational institutions and services.
(2) Enables the Minister to decide what kind of school
may be established and the educational levels for the school.
(3) Allows the Minister to establish school related
institutions.
(4) Allows the Minister to name and change a name of a
school or school related institution.
(5) Requires the Minister to consult with affected
school communities in cases where any government school is amalgamated or closed
permanently. The consultation is to include the consideration of the
educational, financial and social impact on students, families and the general
school community by the proposed closure or amalgamation of a school or
schools.
Section
21 Operation of government schools
This section places responsibility for the operation of
government schools onto the chief executive. The chief executive is responsible
to the Minister.
Government schools are to be publicly owned and operated
by the Territory itself.
The chief executive is required to establish procedures
that give priority to the enrolment of children in the government school in
their neighbourhood.
The responsibilities of government school principals are
defined in terms of the educational leadership and management of the school and
achievements or outcomes of the students at their school.
Principals are also required to assist school boards to
carry out their functions as provided in this Act.
Principals are required to contribute to the educational
policies and strategies applicable to the government school system.
Principals of government schools must ensure that
parents, students and staff at the school are informed about the school's
educational program and policies as well as its operation.
(1) States that the chief executive is responsible to
the Minister for the operation of government schools.
(2) States that the Territory must own and operate
government schools itself.
(3) States that the chief executive is required to
establish procedures to give priority to the enrolment of students at their
local neighbourhood government school.
(4) States that principals of government schools are
responsible for educational leadership and management of schools, educational
outcomes for students, supporting the school board in carrying out its functions
and contributing to the educational polices and strategies for the government
school system.
(5) States that principals of government schools are
required to make available to parents of students at the school as well as to
staff and students of the school, information about the school's education
programs and policies and the schools operation and
performance.
Section
22 Investigation of complaints – government schools
This section requires the chief executive to have a
process for handling complaints about government schools.
It states that:
(1) the chief executive must develop and implement a
complaints policy and procedures for government schools;
(2) the chief executive must, as soon as practicable,
investigate any complaint (that is not frivolous or vexatious) about the
administration, management and operation of government schools;
and,
(3) requires the chief executive to include in the
statutory annual report (under the Annual Reports (Government Agencies) Act
1995), details of the number of complaints investigated during the financial
year of the report.
Section 23 Review of government
school system
The chief executive must regularly review and report on
the government school system.
Section 24 Review of operations
of government schools
The chief executive must regularly carry out reviews of
the effectiveness of each government school at least every
five years and
there should be provision for parent, teacher and student input into the
reviews.
There is to be a report of each school review, a copy of
which is to be given to the Minister and made available to parents, students and
staff of the school.
Section 25 Reporting to parents
– government schools
This section requires the principal of a government
school to set up procedures for giving reports to parents at least twice a year
on their child’s academic progress and social development at
school.
Section 26 Education to be free
States that education in a government school is to be
free and no fees are to be chargeable for it.
Where a school is a registered provider of courses for
overseas students, then the overseas students or other students who hold a
temporary visa under the Migration Act 1958 (Cwlth) who attend the
school may be charged course fees.
The meaning of the terms and the conditions that apply
to a registered provider and course fees are in the Commonwealth’s
Education Services for Overseas Students Act 2000, which, among other
things, provides for the registration of providers of overseas students,
safeguards the funds of overseas students and regulates the charges for
educational services for overseas students.
Section
27 Voluntary financial contributions
This section enables schools boards to invite financial
contributions toward the costs of operating the school provided that the
contributions are voluntary and that no child enrolled at the school whose
parents do not make a contribution is deprived of benefits or services or is
approached or harassed. It requires records of contributions to be
confidential.
The section requires school boards to inform parents of
the principles that apply when asking for voluntary financial contributions to
the school.
Section 28 Secular
education
Requires that government schools only provide a
non-sectarian, secular education.
Secular education may include studies of different
religions as distinct from education in a particular religion.
Section
29 Religious education
This section enables parents to request that their
children attend religious education in a particular religion and requires a
government school principal to allow reasonable time for the religious education
to be provided.
The section also requires that the educational program
continues for children at the school who do not attend religious education
classes.
It requires that religious education must be authorised
by the relevant religious body to which the person providing the education
belongs.
The section further requires that children attending
religious education classes be separated from other children at the school while
attending the classes.
Religious education is
defined as education in a particular religion in order to distinguish this
education from studies of different religions referred to in section
28.
Section 30 Curriculum
This section gives the chief executive overall
responsibility for setting the framework for the curriculum in government
schools and establishing the principles on which the curriculum is based.
Section
31 Approved educational courses for children at government
schools
This section enables the chief executive and, by
delegation, the principals of government schools to approve educational courses
offered by providers external to government schools as satisfactory for students
attending a government school.
This provision gives schools flexibility and scope to
include courses, such as vocational, specialist courses or courses at a
particular level (for example, dance, outdoor education etc) otherwise not
available to students at the school. The courses must be of a satisfactory
standard, adequately equipped and be provided at premises that are adequate and
safe.
(1) This section enables the chief executive to approve
an education course that may be provided to a child enrolled at a government
school.
(2) States that approval may be subject to
conditions.
(3) States that the chief executive may approve an
educational course only if it meets appropriate standards, that facilities are
adequate and the premises where the course is provided meet health and safety
standards required by Territory law.
Part
3.3 Attendance at government schools
Part 3.3
deals with attendance matters for government schools only.
Section
32 Keeping register of enrolments and attendances for government schools
This section details the procedures for ensuring
children of compulsory school age always attend school. It requires records of
enrolment and attendance to be maintained by principals of government schools or
by persons providing an approved educational course for government
schools.
A penalty is stipulated for non-compliance. An offence
against this section is a strict liability offence.
Section
33 Keeping records of enrolment and attendances for government
schools
Stipulates the contents of records of enrolment and
attendances and a penalty for non-compliance that must be kept by principals of
government or by persons providing an approved educational course for government
schools.
The contents are the name of each child enrolled at the
school and a record of their attendance and non attendance at the school.
The section makes principals of government schools
responsible for the content of the records. A penalty is stipulated for
non-compliance. An offence against this section is a strict liability
offence.
Section
34 Inspection of register of enrolment and attendances for government schools
This section provides for the official inspection of
records of enrolment and attendance at a government school (or courses approved
for government school students) by a person authorised to do so under this
Act.
(1) Requires the principal of a government school or the
person giving an approved educational course for a government school to make the
registers of enrolment and attendance available to an authorised person.
A maximum penalty is stipulated for non compliance.
(2) Requires the principal of a government school or the
person giving an approved educational course for a government school to provide
information on enrolments or attendances to the chief executive or to an
authorised person (government) on request and stipulates a penalty for non
compliance.
(3) Enables an authorised person (government) to take
copies of records of enrolments and attendances.
(4) Requires the principal of a government school or the
person giving an approved educational course to give reasonable assistance to an
authorised person (government) in exercising their functions under this section.
(5) States that an offence against this section is a
strict liability offence.
Section
35 Procedures to encourage school attendance at government
schools
This section states the procedures to be followed by the
principal of a government school when children do not attend school as required
by this Act.
The procedures are intended to assist parents and
encourage children to attend school. Parent cooperation is required.
(1) Makes the principal of a government school
responsible for procedures to encourage children to attend school regularly and
to help parents to encourage their children to attend school.
These procedures may include, for example, prompt follow
up of all absences, formal and informal liaison with parents, particular
educational assistance, measures to prevent or overcome resistance to schooling
as well as sanctions.
(2) Requires the principal to refer parents and children
to support services that encourage children to attend school regularly. This
provision ensures that principals will seek additional professional support for
children and their families where this would assist in ensuring the attendance
of the child at school.
(3) Enables the principal of a government school by
written notice to require the parents of a child not attending school to meet
with an authorised person (government). This subsection places an obligation on
parents to cooperate in procedures designed to ensure their children
consistently attend school.
Section
36 Suspension, exclusion or transfer of a child by the chief
executive
This section applies only to government schools.
This section allows the chief executive to suspend a
child from attending a government school, exclude a child from enrolling at a
specific government school or any government school or to require the transfer
of a child from one government school to another. These powers may only be
exercised in prescribed circumstances and in a way that safeguards the rights of
the child and parents. Suspensions are limited to a maximum of 20 days.
The powers are intended to ensure that all government
schools maintain an environment that supports effective teaching and learning
free from disruption, violence or threats of violence and that individual
students comply with reasonable requirements regarding their behaviour,
necessary for their education, safety and well being and that of other students.
The processes are required to include measures to
protect the rights of the child who is subject to a suspension, exclusion or
transfer as well as the child's parents. These rights are:
• a fair hearing;
• provision of information about the decision and
the process;
• a clear and consistent process;
• an appeal;
• an opportunity for continuing the child's
education during a period of suspension; and
• alternatives being offered for continuing the
child’s education during the exclusion.
The process may be initiated by a recommendation from a
school principal to the chief executive when the principal is satisfied that
action allowed under this section is appropriate.
The principal must be satisfied that exclusion,
suspension or transfer is a last resort, and that all other appropriate remedies
(including support and sanctions) for the child's behaviour have been reasonably
applied without success.
The chief executive is given power to suspend exclude or
transfer a child immediately if satisfied that it is necessary and that the
rights of the child and the child's parents are respected.
It is expected that measures will be put in place to
assist the child and their parents to enable the child to resume school
attendance as soon as possible.
This provision allows for the immediate (formal) removal
of a child from school when it is appropriate to do so in the interests of the
child and the school. This action could be appropriate when a serious event
occurs, for example arson or serious violence.
(1) States that this section applies under the following
conditions:
(a) A child attending a government school is
persistently and wilfully non compliant, acts in a way that threatens the good
order of the school, the safety or well-being of another child at the school or
a member of staff of the school, displays behaviour that is disruptive to the
child’s learning or that of other children or threatens to be violent or
is violent to someone else at the school. This section would apply to acts taken
on or off the school premises.
(b) The principal of the school must be satisfied that
action should be taken under this section.
(2) Enables the principal to recommend to the chief
executive that the chief executive suspend the child from the school for a
stated period not longer than 20 days; or exclude the child from the school or
from all government schools; or transfer the child to another government school.
(3) Allows the chief executive discretion in responding
to the principal's recommendation. It states that after considering the
principal’s recommendation, the chief executive may either:
• give effect to the recommendation;
• take any other action mentioned in subsection
(2) that the chief executive considers appropriate; or
• suspend the child for a period not longer than
20 days.
(4) States that the chief executive may exclude a child
only if:
• the child’s parents are
given an opportunity to be consulted, and told in writing about the action that
has been taken in relation to their child and the reasons for it;
• the child is given a reasonable
opportunity to attend counselling, undertake relevant educational programs or
receive other appropriate assistance
• as far
as the child’s maturity and capacity for understanding allows, the
participation of the child has been sought, and any views of the child
considered, in deciding whether to suspend, exclude or transfer the child;
• the child is given sufficient information
about the decision-making process, in a language and way that the child can
understand, to allow the child to participate in the process; and
• the child is offered alternatives for continuing
his/her education during the exclusion.
(5)
States that the chief executive may suspend a child
but only if:
• the child’s parents are
given an opportunity to be consulted, and informed in writing about the action
that has been taken in relation to their child and the reasons for it;
• as far as the child’s maturity and
capacity for understanding allows, the participation of the child has been
sought, and any views of the
child considered, in deciding whether to suspend,
exclude or transfer the child;
• the child
is given sufficient information about the decision-making process, in a language
and way that the child can understand, to allow the child to participate in the
process; and
• the child is given a reasonable opportunity to
continue his/her education during the suspension.
(6) Enables the chief executive to immediately suspend a
child for not longer than 5 days if, in the chief executive’s opinion,
there are urgent or serious circumstances that require the immediate
suspension.
(7) The chief executive is required to follow the
requirements in subsection (5) when suspending a child under subsection (6) to
the extent that it is practicable and appropriate to do so.
(8) The chief executive may suspend a child under
subsection (6) while deciding what other action, if any, should be taken in
relation to the child.
(9) Enables the chief executive to delegate the chief
executive’s power to suspend a child for not longer than five days to the
principal.
Part
3.4 School boards of government schools
Division
3.4.1 Interpretation
Section
37 Definitions for pt
3.4
Sets out the
definition of terms used in Part 3.4
Division
3.4.2 Establishment and membership
Section
38 Establishment of school boards.
This section establishes a school board for each
government school.
Section
39 Functions of school boards etc
(1) This section states that the functions of school
boards of government schools include being responsible for the general oversight
of the operation of schools by:
• establishing the strategic direction and
priorities of the school;
• monitoring and
review of school performance, and reporting on school performance to the chief
executive, parents and staff;
• developing,
maintaining and reviewing the school curriculum;
• developing and reviewing educational
policies at the school;
• establishing
budgetary policies and approving budgets;
• establishing policies for the efficient
and effective use of school assets and management of financial risk;
• developing relations with the community;
and
• making recommendations to the chief
executive on issues affecting the school.
A school board may exercise any other function it is
given under this law or any other Territory law.
A school board should encourage parent participation in
their children’s learning.
The chief executive may give written directions to
school boards with which the school board must comply. When the chief executive
gives a direction to a particular school rather than generally to all schools,
then information about that direction should be reported in an annual report
required by the Annual Reports (Government Agencies) Act 1995.
The chief executive is allowed discretion in responding
to a recommendation from a school board and need not implement such a
recommendation.
Section
40 Declaration of parents and citizens associations
By this section the chief executive must call a meeting
of interested parents and community members to determine a group to be
representative of the parents and community of a government school if there is
dispute about who the group should be. The chief executive may also call a
meeting if there are appropriate circumstances for such a meeting to be called.
The chief executive must recommend to the Minister the entity to be
representative of the parents and community after considering the outcomes of
the meeting. After considering the chief executive’s recommendation, the
Minister may, in writing, declare an entity to be the parents and citizens
association of the school.
Section
41 Constitution of school boards generally
(1) This section details the constitution of school
boards that will apply to most schools. Schools excepted are small schools (as
defined in section 42) and schools which are identified as exceptions under
section 43.
(2) The membership of a school board
comprises:
• the principal of the school;
• one member appointed by the chief
executive;
• two members elected by the
staff of the school and appointed by the chief executive;
• three members elected by the parents and
citizens association of the school and appointed by the chief executive;
and
• for a school prescribed in the
regulations, two members elected by students of the school.
(3) An eligible staff member is defined as a person
employed as a member of staff of the school.
(4) An eligible student member is defined as a student
at the school.
(5) The period of appointment of appointed members,
staff members, parent and citizen members and student members is limited to the
"prescribed period" (as defined at section 37).
(6 & 7) These subsections enable school boards to
second people to the board temporarily. A school board is allowed to appoint
people as members for up to 12 months provided there are no more than two
members appointed by the board at the same time.
Section
42 Constitution of school board of small schools
(1) This section details the membership of the school
boards of small schools.
(2) The school board of a small school shall comprise
the school principal, one member appointed by the chief executive as the
appointed member, one staff member appointed by the chief executive, two members
elected by the parents and citizens association of the school and members
appointed by the board.
(3) Only a person who is a member of staff of the school
is eligible to be a staff member.
(4) This subsection allows for the staff member to be
appointed in a way stated in the regulations.
(5) Limits the term of office of the appointed member,
staff member and parent and citizen member to the "prescribed period" as defined
in Section 37.
(6 & 7) These subsections enable school boards of
small schools to second people to the board temporarily. A school board of a
small school is allowed to appoint people as members for up to 12 months
provided there are no more than 2 members appointed by the board at the same
time.
Section
43 Constitution of school boards of school-related institutions and other
schools in special circumstances
This section allows the chief executive to determine the
composition of a school board of a school or school related institution but only
with the written approval of the Minister. The chief executive's determination
must be in writing.
(1 & 2) Allow discretion for cases when it is not
appropriate that the composition of a school board detailed in sections 41 or 42
apply to a school or school related institution and when it is not practical to
establish a board for an institution (for example, when it is very small, with
one or two staff).
(3) Allows the chief executive to establish a board
covering more than one institution.
(4) Allows the chief executive to determine the members
who shall be present at a meeting of a board and the members who may not vote at
a meeting of the board.
(5) Where special circumstances apply for a school for
which a determination is made the chief executive may determine the constitution
of the board, the members who shall be present at a meeting of a board and the
members who may not vote at a meeting of the board.
(6) Stipulates that the chief executive may make a
determination under subsections (2), (4) and (5) only with the written approval
of the Minister.
(7) Where practical, the chief executive is required to
consult parents of students at the school at a general meeting of
parents.
(8) This subsection lists the matters the Minister must
consider in a particular case where the chief executive is seeking to determine
the constitution of a school board. The Minister must consider:
• the need for the principal of the
school to be a member of the board;
• the need for the chief executive
to be represented on the board;
• whether staff of the school and
students at the school have been consulted about the constitution of the board;
• any comments made by the staff and
students at the school about the constitution of the board; and
• the administrative needs,
educational or related objectives and any special characteristics of the
school.
In deciding whether to approve the determination the
Minister is required to consider whether the principal and an appointee of the
chief executive should be a member.
The Minister should also consider whether the staff at
the school or institution and the parents and citizens and students associated
with the school or institution should be consulted on the constitution and if so
that their comments are taken into account.
The Minister should also take account of the
administrative needs and educational or related objectives or any special
characteristics of the school or other institution.
(9) By this subsection the chief executive is enabled to
appoint a person to the school board in accordance with the terms of the
determination made by the Minister.
(10) This subsection states that the term of office of
an appointed member of a school board is to be stated in the instrument of their
appointment.
(11) States that a declaration made under sub section
(2), (4) or (5) must be in writing and is a disallowable instrument.
Section
44 Ending of appointment of members of school board
This section requires the chief executive to end the
appointment of school board members in defined circumstances as
follows:
• where a school board member ceases to be
eligible to be appointed or elected to the position;
• if a member of a school board other than the
school principal, has been absent from three consecutive meetings (without
reasonable excuse or leave from the board); or
• where a member has contravened section 49
regarding disclosure of interest.
The chief executive may also end the appointment of a
member other than the school principal for misbehaviour, physical or mental
incapacity.
Section
45 Chairperson and deputy chairperson of school boards
School boards are required to elect a chairperson and
deputy chairperson. The chairperson must not be the school principal or a
member of staff of the school. It also requires the school board to advise the
chief executive of the elections.
Section 46 School boards to take
part in selection of school principals
Requires a school board of a government school when it
is necessary to do so, to appoint a member to participate in a selection panel
that advises the chief executive on the appointment of the principal of the
school.
Division
3.4.3 Proceedings of school boards
Section
47 Time and place of meetings of school boards
(1) and (2) Allow school boards to set the time and
place of meetings provided that a meeting is held at least 4 times a year.
(3) The section also allows the chairperson to call a
meeting at any time, and requires the chairperson to call a meeting if asked by
the Minister or chief executive or 3 members of the board to do so.
(4) The deputy chairperson or principal of the school
are enabled to call meetings of the school board if the chairperson is not
available.
Section
48 Procedures governing proceedings of school boards
(1) (2) and (3) provide for the chairing of all meetings
of school boards. The chairperson is required to preside at all meetings at
which they are present. In the absence of the chairperson, the deputy
chairperson is to preside. In the absence of both the chairperson and the deputy
chairperson a member chosen by the members present presides.
(4) Prescribes the quorum of a meeting of a school
board.
For a school board other than those
established under section 43 (Constitution
of school boards of school related institutions and other schools in special
circumstances), it states that business may be
carried out only if there are three members present including at least one staff
member and at least one parent and citizen member.
For a school board established under section
43 (Constitution of school boards of school
related institutions and other schools in special circumstances),
business may be carried out only if
those members are present who are required to
be so by the chief executive in the determination under section 43 (4) or
(5).
(5) States that members (except the members appointed by
the board) may vote on matters to be decided by the board.
(6) States that a decision of the board is to be made by
majority voting of the members who are present and qualified to vote (see (12)
below for a definition of non voting members). Where votes are evenly divided
the member presiding has the casting vote.
(7) Enables a school board to conduct meetings by
telephone, closed circuit communication or any form of
communication.
(8) States that a member participating in a meeting
conducted under subsection (7) is taken to be present at that
meeting.
(9) If a resolution is agreed in writing by all members
of a board (except non voting members, see (12) below) and notice of the
resolution has been given under procedures decided by the board, then the
resolution is a valid resolution even though it was not passed at a meeting of
the board.
This subsection facilitates the conduct of meetings by
any means of communication allowed under subsection (7).
(10) Requires school boards to keep minutes of all
meetings.
(11) Allows the school board to decide its own
procedures.
(12) A non voting member is defined as a board appointed
member or a member of a school board appointed under section 43 who is
designated as a non voting member by a determination made under section 43 (4)
or (5).
Section
49 Disclosure of interest by members of school boards
This section requires members to disclose direct or
indirect financial interests relevant to the business of the school board and
states the procedures to be followed.
The provision is intended to enable a school board to
always act in the best interests of the school regardless of any financial
interest of individual board members.
(1) States that this section applies to a member of a
school board if the member has a direct or indirect financial interest in an
issue being considered, or about to be considered, by the board; and the
interest could conflict with the proper exercise of the member’s functions
in relation to the board’s consideration of the issue.
(2) States that members must disclose an interest that
may conflict with the proper exercise of the member's functions to the other
members at a meeting of the school board as soon as practical after the member
becomes aware of the facts.
(3) The disclosure must be minuted and the member with a
financial interest must not be present when relevant issues are discussed or
take part in a decision on the issue.
(4) Requires that any other member that has a direct or
indirect financial interest must not be present when relevant issues are
discussed or take part in a decision on the issue.
(5) Requires that within 14 days of the end of the
financial year the school board must give the chief executive a statement of any
disclosure of interest made under sub section (2) during the financial year.
Division
3.4.4 Financial matters
Section
50 School boards to approve budgets
(1) Requires school boards of government schools to
approve a budget for each year.
(2) States that the budget must be approved before a
date stated by the chief executive.
(3) States that the budget must be in a form and
compiled according to accounting or other policies and practices required by the
chief executive.
(4) Enables the chief executive to ask that a budget be
approved for part of a year.
(5) Requires the school board to comply with the chief
executive's request.
(6) States that school funds may not be expended
otherwise than in accordance with an approved budget.
Section
51 Application of money of school
This section stipulates that a school may expend money
only to pay costs, charges and liabilities incurred by the school.
Section
52 School boards to approve financial statement and report
This section sets out the duties of school boards
regarding their functions to establish budgetary policies, approve budgets and
establish policies for the efficient use of school assets and management of
financial risk.
It also requires school boards
to provide annual financial information and an annual report of its activities
to the chief executive.
It covers the
requirements for school boards:
• to approve
school budgets by a date stipulated by the chief executive;
• to approve a financial statement in a form
stated by the chief executive; and
• to
approve an annual report in a form and by the date stated by the chief executive
as soon as practical after the end of each year.
Annual reports must include
• financial statements for the year approved under
subsection (1);
• a statement of how voluntary financial
contributions made to the school have been or will be spent;
and
• if a school board is holding finds in reserve, a
statement setting out the purposes for which reserve funds are being held and
the amount being held for each of those purposes.
School boards must give a copy of financial statements
and annual reports to the chief executive.
The chief executive may issue guidelines about what is
or is not holding funds in reserve.
Section
53 School boards to make available summaries of budget and annual
report
This section ensures that parents, staff and students of
the school have access to budgets, other financial information and annual
reports of the activities of the school and school board.
(1) and (2) require school boards to make available
summaries of the school budget and annual report to parents, staff and students
of the school.
Part
3.5 Government Schools Education Council
Division
3.5.1 Establishment and membership
Section
54 Establishment of council (government)
This section establishes the Government Schools
Education Council.
Section 55 Functions of council
(government)
The functions of the Council are:
(a) to advise the Minister on any aspect of the
government school system;
(b) on the request of the Minister, to inquire into and
advise on any aspect of the government school system;
(c) to meet with the Non Government Schools Education
Council to discuss matters of mutual interest; and
(d) exercise other functions given to it under this Act
or other Territory law allowing flexibility for adaptation of the Council to
future circumstances and needs.
Section
56 Membership of council (government)
Defines the membership of the Government Schools
Education Council to comprise the chief executive and members appointed by the
Minister under section 57.
Section
57 Appointed members of council (government)
(1) (a) requires the Minister to appoint a chairperson
for the Council.
(b) States that the Minister is required to appoint six
people who in the opinion of the Minister are experienced in one
or more of the areas of business and commerce, public
policy, early childhood care, education, the special
needs of young people and
teacher education. These members are termed “the
community members".
(c) The Minister is also required to appoint ten people
who in the opinion of the Minister represent the views of the peak organisations
that represent government school education. These members are termed “the
education members".
(2) For paragraph (1)(c), two members are chosen from
nominations of the peak organisation that represent principals, two members are
chosen from nominations of the government teachers’ union, two members are
chosen from nominations of the peak organisation that represent parents
associations of government schools, two members are chosen from nominations of
the peak organisation that represent students, one member is chosen from
nominations of the peak organisation that represents school boards and one
member is chosen from nominations of the peak organisation that represents
preschool parents.
Section 58 Deputy chairperson of
council (government)
Requires that the members of
the Council should elect a deputy chairperson.
The Council must tell the Minister of the election of an
appointed member as deputy chairperson
Section 59 Term of appointment to
council (government)
This section fixes the limit of the term of appointment
of a member of the Government Schools Education Council at three years.
It states the information required on the instrument of
appointment as being the term of appointment and whether the member is the
chairperson, an education member or community member. For education members or
community members the instrument of appointment may state the group represented
by the member.
Section
60 Ending of appointment to council (government)
This section enables the Minister to end the appointment
of an education member if advised that the member no longer represents the views
of the organisation from which the person was chosen.
The section also gives the Minister powers to end an
appointment to the council in other specified circumstances. The specified
circumstances are misbehaviour by the member; or that the member has contravened
section 65 (Disclosure of interests by members of council
(government)).
Section
61 Conditions of appointment generally of appointed members
Allows appointments to be made under conditions decided
by the Minister.
Section 62 Arrangements for staff
Allows the council to arrange with the chief executive
to use public servants in the chief executive's administrative unit to assist in
the administration of the business of the Council.
It also states that the Public Sector Management Act,
1994 applies to the public servants used by the Council.
Division
3.5.2 Proceedings of council (government)
Section
63 Time and place of meetings of council (government)
Allows the Council to decide the time and place of
meetings provided that it meets at least twice a year.
This Section also allows the chairperson to call a
meeting at any time and requires the chair to call a meeting if asked to do so
by the Minister, the chief executive or at least nine members.
If the chairperson is not available, then the deputy
chairperson may call a meeting.
Section 64 Procedures governing
proceedings of council (government)
(1), (2) and (3) These subsections provide for meetings
of the Council to be presided over by the chairperson whenever present, or in
the absence of the chairperson, the deputy chairperson. In the absence of both
of these officers, the members choose a fellow member to preside.
(4), (5) and (6) Specify that a quorum for conducting
business at meetings is nine members, stipulates that questions are decided by
majority vote and that all members may vote on a decision. The member presiding
has the casting vote in the event that voting is equally divided.
(7) and (8) Enable the Council to conduct meetings by
telephone, closed circuit communication or any form of communication and a
member participating in such a meeting is taken to be present at the
meeting.
(9) States that when a resolution is agreed in writing
by all members of the Council and the notice of the resolution is given under
procedures decided by the Council, then the resolution is a valid resolution
even though it was not passed at a meeting of the Council. This makes the
provisions under subsections 7 and 8 effective for the purpose of carrying on
the business of the Council.
(10) Requires the Council to keep minutes of all
meetings.
(11) Allows the Council to decide the procedures to be
followed at meetings in all other particulars not covered by this section.
Section
65 Disclosure of interests by members of council (government)
The purpose of this section is to enable Council to
advise and inform the Minister in support of the interests of government
schooling regardless of any financial interests of individual members of the
Council.
(1) Requires members to disclose direct or indirect
financial interests relevant to Council business and states the procedures to be
followed.
(2) States that as soon as practical after a member of
the Council becomes aware of the facts the member must disclose to the other
members at a meeting of the Council any financial interest that the member has
that may conflict with the proper exercise of their functions.
(3) & (4) The disclosure must be minuted and any
member with a financial interest must not, unless the Council otherwise decides,
be present when relevant issues are discussed. The member must not take part in
any decision on issues relevant to that interest that may affect the interest or
be affected by the interest.
(5) Requires that within 14 days of the end of the
financial year the chairperson of the Council must give the chief executive a
statement of any disclosure of interest made under sub section (2) during the
financial year.
Section 66 Annual report by
council (government)
This section requires the Council to prepare an annual
report on its operations for each financial year and give a copy of the report
to the Minister as soon as practical after the end of the financial year but not
later than a date stipulated by the Minister.
The Minister is required to table the report in the
Legislative Assembly within 6 sitting days after the Minister receives the
report from the Council.
Part
3.6 Other provisions
Division
3.6.1 Authorised persons (government)
This division applies only to government schools.
Its application is excluded for provisions in Chapter 4
(Non-Government Schools) of this Act.
Division 3.6.1 enables the chief executive to appoint
authorised persons to carry out inspections of government school premises and
documents in order to obtain information relevant to compliance by government
schools with the requirements of this Act.
The powers and responsibilities of the chief executive
in relation to authorised persons are stated.
The powers and responsibilities of authorised persons
are stated.
Section
67 Appointment of authorised persons (government)
(1) Enables the chief executive to appoint a person as
an authorised person (government) under this Act except for Chapter 4
(Non-Government Schools). The appointment must be in writing.
(2) Allows the regulations to prescribe a person to be
an authorised person for this Act or for a provision of this Act except for
Chapter 4 (Non-Government schools).
(3) An authorised person must be an Australian citizen
or a permanent resident of Australia.
The chief executive must, after inquiry, certify in
writing that the person is suitable to perform the duties of an authorised
person having regard in particular to whether the person has had any criminal
convictions, the person's employment record; and whether the person has
satisfactorily completed adequate training relevant to the functions that the
authorised person is proposed to perform.
Section
68 Identity cards for authorised persons (government)
(1) Requires the chief executive to issue identity cards
to an authorised person, which must include a recent photograph of the
authorised person, their name, the dates of issue and expiry and other
information prescribed under the regulations.
(2) Requires an authorised person to return an identity
card within 21 days from the time they cease being an authorised person. A
penalty for non compliance is stipulated. An offence against this section is a
strict liability offence.
Division
3.6.2 Inspection powers for government schools
Section 69 Power not to be
exercised before identity card shown etc
Requires an authorised person (government) to show an
identity card to a person before exercising any powers under this Act in
relation to that person.
Section
70 Entry to government schools
This section enables an authorised person to enter a
government school at any time.
Section
71 Powers on entry
This section enables an authorised person (government)
to inspect a government school or anything in it including the registers of
enrolment and attendance.
Division
3.6.3 Miscellaneous
Section
72 Protection of members of school boards
This section protects from civil liability people who
are, or have been, members of school boards acting in good faith in exercising
their duties. However any liability that would, apart from this provision attach
to a person, is made to attach to the Territory.
Section 73 Minister to present
advice of council (government)
Requires the Minister to present to the Legislative
Assembly a copy of the advice given to the Minister by the Government Schools
Education Council (under Section 55
(a) and
(b) (functions of council (government)) within 6
sitting days after the day the advice is given to the Minister.
CHAPTER
4 NON GOVERNMENT SCHOOLS
Part
4.1 General
Section
74 Meaning of school in Chapter 4
States that Chapter 4 does not apply to a government
school.
Section
75 Principles on which ch 4 based
Chapter 4 is based on a recognition of the diversity of
different religious and educational philosophies represented in the non
government school sector and recognition that the diversity reflects parent
preferences for particular styles of education for their children.
It is stated that the non government schools sector is
committed to developing the spiritual, physical, emotional and intellectual
welfare of its students; valuing innovation, diversity, and choice; maximising
student outcomes; teacher, parent and student participation in all aspects of
school education; promoting the partnership between home and school; and
preparing students for their full participation in all aspects of a democratic
society.
Section
76 Minister to seek advice
This section requires the Minister to seek advice from
the Non Government Schools Education Council on budgetary priorities and
strategic directions for government schools. The Council is established under
section 105.
This requirement does not limit the Minister in the
matters that may be considered in deciding budgetary priorities and strategic
directions for non government schools.
Section 77 Registrar
The section requires the Minister to appoint a registrar
of non government schools.
Section
78 Functions of registrar
This section states that the functions of the registrar
are to register non government schools and maintain a register of registered non
government schools.
It also enables the registrar to be given other
functions under this or other Territory laws.
Section
79 Register of non-government schools
Requires the registrar to keep a register of non
government schools.
Section 80 Availability of
information about operation of non-government schools and their educational
programs
Requires the principal of a non government school to
make available to parents of students at the school, to the staff and students
of the school information on the educational programs provided by the school as
well as the operation of the school.
Requires the principal of a non government school to
consult parents of students at the school about the operation of the school
including its educational program and policies.
Section
81 Approved educational courses for children at non-government
schools
This section enables
principals of non government schools to approve educational courses offered by
providers external to the non government school as satisfactory for students
attending the school. It gives non government schools flexibility and scope to
include courses, such as vocational, specialist courses or courses at a
particular level (for example, dance, outdoor education etc) otherwise not
available to students at the school. The courses must be of a satisfactory
standard, adequately equipped and provided at adequate and safe premises.
(1) This section enables the principal to approve an
education course that may be provided to a child enrolled at a government
school.
(2) States that approval may be subject to
conditions.
(3) States that the principal may approve an educational
course only if it meets appropriate standards, that facilities are adequate and
the premises where the course is provided meet health and safety standards
required by Territory law.
This section allows non government schools to utilise,
for their curricula held on and off campus, educational courses from a variety
of sources and suppliers.
Part
4.2 Registration – non-government schools
Section
82 Schools to be registered
(1) Requires all non government schools in the
Australian Capital Territory to be provisionally registered or registered
schools.
(2) Requires that a school must only begin educating a
child when it is provisionally registered or registered for the educational
level at which the child is to be educated.
Penalties are stipulated for contravening these
provisions.
(3) The offence under this provision is stated to be a
strict liability offence (Criminal Code 2002 Section 23). A strict liability
offence is where the Criminal Code 2002 makes a defence of mistake of fact
available - where a person is honestly and reasonably mistaken about relevant
facts (Criminal Code Section 36).
Section
83 Applications for in-principle approval for proposed
registration
In principle approval is required for proposals for new
non government schools and for proposals to offer additional educational levels
at an existing school (for example, where a school offering years 7 to 10
proposes to extend to years 11 and 12).
In principle approval enables the Minister to consider
an application for new or expanded schools with regard to the numbers of school
age children in the proposed school catchment, the impact of the new school on
the enrolment and viability of existing schools and the level of enrolment
interest registered for the new or extended school.
(1) States the application of this section to persons
who intend to make an application for the provisional registration of a school
(section 85), or for registration of a school at an additional educational level
(section 89).
(2) Requires the person to apply in writing to the
Minister for in principle approval for the proposed
registration.
(3) The application for in principle approval must be
made at least two years before the person proposes to apply to the Minister for
provisional registration of a school or proposed registration of a school at an
additional educational level.
(4) The applicant must state the day the person proposes
to begin operating the school or operating the school at the additional
education level. This is termed the ‘proposed opening day’. The
proposed opening day must not be later than 4 years after the day the
application is made to the Minister.
(5) Requires the chief executive to publish a notice of
an application for in principle approval in a newspaper printed and published in
the ACT.
(6) The newspaper notice must state that comments on the
proposal may be sent to the Minister within a period of at least 60 days of the
publication of the notice.
(7) Requires the chief executive to make a copy of the
application for in principle approval available for public inspection at the
chief executive’s office during ordinary business hours.
Section 84 Deciding in-principle
applications
(1) Requires the Minister to consider whether the
proposed school would undermine the viability of existing schools, and whether
there is or is likely to be demand in the community for the proposed school,
including the level of registration interest shown by the community for the
proposed school, in deciding whether to give in principle
approval.
(2) Requires the Minister to consider whether the
proposed additional educational level at a school would undermine the viability
of other existing schools, and whether there is demand at the existing school
for the additional level, including the level of registration of interest shown
by the community for the proposed additional level, in deciding whether to give
in principle approval.
(3) Requires the Minister to grant in principle approval
if satisfied that approval should be given after considering any comments made
under section 83 (6) (i.e. in response to a notice in a newspaper) and the
matters mentioned in subsection 84 (1) or (2). The Minister must give the person
in principle approval in writing.
(4) If the Minister is not satisfied that in principle
approval should be given after considering any comments made under section 83
(6) (i.e. in response to a notice in a newspaper) and the matters mentioned in
subsection 84 (1) or (2), the Minister must give the person notice of refusal of
in principle approval in writing.
(5) A notice under subsection 84 (3) or (4) must state
the Minister’s reasons for giving or refusing to give in principle
approval for the proposed registration.
(6) The chief executive must make a copy of the
Minister’s reasons available for public inspection. This must be at the
chief executive’s office during ordinary business hours.
(7) A time limit is stipulated for in principle
approval. In principle approval lapses 2 years after the day it is given or if
the proposed opening day stated section 83 (4) was more than two years before
the day application was made for in principle approval, it lapses on the
proposed opening day.
Section 85 Application for
provisional registration
Enables an application to be made to the Minister to
conduct a non government school in the Territory, provided the person making the
application has in principle approval (under section 84) and that in principle
approval has not lapsed.
The application is made for the initial provisional
registration of the school.
It requires the applicant to give written notice of
their intention to apply and to state the location of the proposed school.
A notification period applies. The notice of intention
to conduct a school must be made to the Minister at least six months before the
first day of the school year or school term when it is proposed to begin
conducting the school. The Minister can approve a lesser
period.
Section
86 Provisional registration
This section applies when an application for provisional
registration has been made under section 85 and states the procedures applying
for the consideration of an application for the provisional registration of a
school.
The Minister is required to appoint a panel to prepare a
report on the application. The school must be provisionally registered for two
years if after considering the report the Minister is satisfied that the school
meets the criteria for provisional registration.
If the Minister is not satisfied that the school meets
the criteria for provisional registration the Minister must direct the registrar
to refuse to register the school.
The section also stipulates how a school is to be
provisionally registered by entering the particulars of the school required
under the regulations on the register of non government schools and giving the
proprietor of the school a certificate of registration.
The criteria for the provisional registration of a
school are as follows.
(a) the proprietor of the
school is a corporation;
(b) the school will have appropriate policies,
facilities and equipment for the curriculum to be offered by the school and the
safety and welfare of its students;
(c) the curriculum, including the framework of the
curriculum and the principles on which it is based, meets the requirements for
students attending government schools;
(d) the nature and content of the education to be
offered at the school will be appropriate for the educational levels for which
provisional registration of the school is sought;
(e) the teaching staff will be qualified to teach at the
educational levels at which they are to be employed to teach;
(f) the school will have satisfactory processes to
monitor quality educational outcomes; and
(g) the school will be financially viable.
Section 87 Application for
registration
This section enables the proprietor of a school that has
been provisionally registered for at least twelve months to make written
application for registration. The application must be for registration at the
education levels for which the school is provisionally registered. The
application is made to the Minister.
The chief executive must publish notice of the making of
an application for registration in a daily newspaper printed and published in
the ACT. The chief executive must also make a copy of the application for
registration available for inspection by members of the public at the chief
executive’s office. This should be available during normal business
hours.
Section
88 Registration
This section applies when an application for
registration has been made under section 87 and states the procedures applying
to the consideration of an application for the registration of a school.
The Minister is required to appoint a panel to prepare a
report on the application. The school must be registered if, after considering
the report, the Minister is satisfied that the school meets the criteria for
registration. The school must be registered for a period not longer than five
years.
If the Minister is not satisfied that the school meets
the criteria for registration the Minister must direct the registrar to refuse
to register the school.
The section stipulates how a school is to be registered
by entering the particulars of the school required under the regulations on the
register of non government schools and giving the proprietor of the school a
certificate of registration.
The criteria for the registration of a school are as
follows:
(a) the proprietor of the school is a corporation;
(b) the school will have appropriate policies,
facilities and equipment for the curriculum to be offered by the school and the
safety and welfare of its students;
(c) the curriculum, including the framework of the
curriculum and the principles on which it is based, meets the requirements for
students attending government schools;
(d) the nature and content of the education to be
offered at the school will be appropriate for the educational levels for which
the school is provisionally registered;
(e) the teaching staff will be qualified to teach at the
educational levels at which they are to be employed to teach;
(f) the school will have satisfactory processes to
monitor quality educational outcomes; and
(g) the school will be financially viable.
Section
89 Application for registration at additional educational levels
This section allows the proprietor of a registered non
government school to apply to extend the educational levels offered at the
school. A school may apply to offer any additional educational levels. For
example, a school offering Years 7 to 10 may decide to offer the additional
levels of 5 and 6 or may seek to offer Years 11 and 12.
(1) and (2) The proprietor of a registered non
government school must have in principle approval under section 84, and that in
principle approval must not have lapsed. The proprietor must then give notice in
writing to the Minister of an intention to begin conducting education at the
additional educational level(s) at the school.
A notification period applies. It states that notice is
given at least six months before the first day of the school year or term when
it is proposed conducting education at the additional educational level or
levels, or a lesser period if approved by the Minister.
(3) Requires the chief executive to publish notice of
the making of an application for registration in a daily newspaper printed and
published in the ACT.
(4) The newspaper notice must state that comments on the
proposal may be sent to the Minister within a period of at least 60 days of the
publication of the notice.
(5) Requires the chief executive to make a copy of the
application for registration available for inspection by members of the public
at the chief executive’s office. This should be available during normal
business hours.
Section
90 Registration at additional educational levels
This section applies when an application for
registration at additional educational levels has been made under section 89 and
states the procedures applying to the consideration of an application for the
registration of additional educational levels at a school.
The Minister is required to appoint a panel to prepare a
report on the application. If after considering the report the Minister is
satisfied that the school meets the criteria stipulated in subsection (7), the
school must be registered for the additional educational levels specified in the
application.
The section stipulates how a school is to be registered
by entering the particulars of the school required under the regulations on the
register of non government schools and giving the proprietor of the school a
certificate of registration that includes the additional educational level.
The new certificate that includes the additional
educational levels replaces the school’s previous certificate of
registration and the proprietor must return the previous certificate within 14
days of receiving the new certificate.
If the Minister is not satisfied that the school meets
the criteria for registration mentioned in subsection (7), the Minister must
direct the registrar to refuse to register the school at the additional
education level.
The criteria for the registration of a school at an
additional educational level are as follows:
(a) the school will have appropriate policies,
facilities and equipment for the curriculum to be offered by the school and the
safety and welfare of its students;
(b) the curriculum at the additional level, including
the framework of the curriculum and the principles on which it is based, will
meet the curriculum requirements for students attending government schools at
the educational level;
(c) the nature and content of the education to be
offered at the school will be appropriate for the additional educational levels
for which registration is sought;
(d) the teaching staff will be qualified to teach at the
additional educational levels at which they are to be employed to
teach;
(e) the school will have satisfactory processes to
monitor quality educational outcomes; and
(f) the
school will be financially viable.
Section
91 Conditions of provisional registration or registration
The conditions of provisional registration or
registration of a school are as follows:
(a) the proprietor of the
school is, and remains, a corporation;
(b) the school will have appropriate policies,
facilities and equipment for the curriculum to be offered by the school and the
safety and welfare of its students;
(c) the curriculum, including the framework of the
curriculum and the principles on which it is based, meets the requirements for
students attending government schools;
(d) the nature and content of the education to be
offered at the school will be appropriate for the educational levels for which
the school is registered or provisionally registered;
(e) the teaching staff are qualified to teach at the
relevant educational levels at which they are employed to teach;
(f) the school will have appropriate processes to
monitor quality educational outcomes; and
(g) the school will be financially
viable.
Section 92 Certificate of
provisional registration or registration
This states that information required on a certificate
of provisional registration or registration of a non government school is as
follows:
(a) the entity responsible for the operation of the
school;
(b) the educational level or levels for which the school
is provisionally registered or registered;
(c) the location of the school;
(d) the term of provisional registration or
registration; and
(e) any other particulars required under the
regulations.
The registrar may include other appropriate information.
The proprietor of a provisionally registered school or
registered school must tell the registrar of a change of any of the particulars
of the certificate within 1 month after the day the change happens.
Section
93 Period of provisional registration and registration
Provisional registration ends either when the school is
registered under section 88 or at the end of two years whichever occurs first.
A school is registered for no longer than five years as
stated in the registration certificate for the school.
Section
94 Investigation of complaints – non-government schools
This section requires the proprietor of a non government
school to develop and implement a process for handling complaints about the
school.
It states that the proprietor must as soon as practical
investigate any complaint (that is in the proprietor's opinion, not frivolous or
vexatious) about the administration, management and operation of the
school.
Section 95 Cancellation of
provisional registration or registration
This section enables the Minister to cancel the
provisional registration or registration of a school if satisfied that the
school has contravened a condition of provisional registration (see section 91)
or registration or the school's proprietor or principal has otherwise
contravened this Act.
The procedures to be followed for cancellation are
stipulated. Before cancelling provisional registration or registration the
Minister must give the proprietor written notice stating the grounds on which it
is proposed to cancel the provisional registration or registration. The notice
must contain the facts that establish the grounds and advise that the proprietor
or principal may respond in writing to the Minister within 14 days from receipt
of the notice.
The Minister must take account of any response to a
notice to cancel before deciding whether to cancel provisional registration or
registration.
If the Minister directs the registrar to cancel the
provisional registration or registration of a school, the registrar cancels the
provisional registration or registration by noting the cancellation in the
particulars of the school in the register of non-government
schools.
The Minister must give written notice of the decision on
cancellation.
The cancellation of provisional registration or
registration takes effect from the date when the notice of cancellation is given
to the proprietor or a later date stated on the written notice.
Section
96 Application for renewal of registration
Enables the proprietor of a registered non government
school to apply in writing for renewal of registration of the school. The
proprietor of the school must apply in writing to the Minister for renewal of
registration at least 6 months before the registration ends. The Minister may
approve a lesser period of notification.
Section
97 Renewal of registration
This section applies when a proprietor of a school has
applied for renewal of registration under section 96.
The Minister is required to appoint a panel to prepare a
report on the application. If after considering the report the Minister is
satisfied that the school meets the criteria stipulated in subsection (6), the
school must have its registration renewed.
Registration is renewed by the registrar entering the
particulars of the school required under the regulations on the register of non
government schools and giving the proprietor of the school a certificate of
registration.
If the Minister is not satisfied that the school meets
the criteria, the registration must not be renewed.
The criteria for the renewal of registration of a school
are as follows:
(a) the proprietor of the school is, and remains, a
corporation;
(b) the school will have appropriate policies,
facilities and equipment for the curriculum to be offered by the school and the
safety and welfare of its students;
(c) the curriculum, including the framework of the
curriculum and the principles on which it is based, meets the requirements for
students attending government schools;
(d) the nature and content of the education to be
offered at the school will be appropriate for the educational levels for which
provisional registration of the school is sought;
(e) the teaching staff will be qualified to teach at the
relevant educational levels;
(f) the school will have satisfactory processes to
monitor quality educational outcomes; and
(g) the school will be financially viable.
Part
4.3 Attendance at non-government schools
Section
98 Keeping of register of enrolments and attendances for non-government
schools
This section requires the principal of a non government
school or a person providing an approved educational course for a non government
school to keep a register of enrolments and attendances. A penalty is
stipulated for non-compliance. An offence against this section is a strict
liability offence.
Section
99 Keeping records of enrolment and attendances for non-government
schools
Requires principals of non government schools and a
person providing an approved educational course for a non government school to
keep records of student enrolments and attendances.
Stipulates the contents of records of enrolment and
attendances and a penalty for non compliance.
The contents are the name of each child enrolled at the
school and a record of their attendance and non attendance at the school.
The section makes principals of non government schools
and people providing courses for non government schools responsible for the
content of the records.
A penalty is stipulated for non-compliance. An offence
against this section is a strict liability offence.
Section
100 Inspection of register of enrolment and attendances for non-government
schools
This section provides for the inspection of records to
support compulsory education.
The section requires the principal of a non government
school, or the person giving an approved educational course (non government), to
allow an authorised person (non government) to inspect registers of enrolment
and attendance. A penalty is stipulated for non compliance.
This section also requires a principal of a non
government school, or the person giving an approved educational course (non
government), to provide information about enrolments or attendances at the
school during a stated period or at a stated time if requested to do so by the
chief executive or an authorised person (non government). A penalty applies if
the information is not provided without reasonable excuse.
An authorised person (non government) is empowered to
make copies of all or part of a register of enrolments and attendances.
Requires the principal of a non government school or the
person giving an approved educational course (non government) to give reasonable
assistance to an authorised person (non government) in exercising their
functions under this section.
Section
101 Procedures to encourage attendance at non-government schools
States the procedures to be followed by the principal of
a non government school when children do not attend school as required by this
Act.
The procedures are intended to assist parents and
encourage children to attend school and require parent cooperation.
(1) Makes the principal of a non government school
responsible for procedures to encourage children to attend school regularly and
to help parents to encourage their children to attend school.
These procedures may include, for example, prompt follow
up of all absences, formal and informal liaison with parents, particular
educational assistance, measures to prevent or overcome resistance to schooling
as well as sanctions and any other reasonable, economic and effective procedures
deemed necessary in the professional judgement of the principal.
(2) Requires the principal to refer parents and children
to support services that encourage children to attend school. This provision
ensures that principals will seek additional professional support for children
and their families where this would assist in ensuring the attendance of the
child at school.
(3) Enables the principal of a non government school to
require by written notice the parents of a child not attending school to meet
with an authorised person (non government).
The section places an obligation on parents to cooperate
in procedures designed to ensure their children regularly and consistently
attend school.
Section 102 Reporting to parents
– non-government schools
The principal of a non government school is required to
report to parents at least twice a year on their child’s academic progress
and social development at the school.
Section 103 Suspension or
exclusion of children - Catholic systemic schools
This section applies to children attending a non
government school that is a Catholic systemic school.
This section allows the director to suspend a child from
attending a Catholic systemic school or exclude a child from enrolling at a
specific Catholic systemic school. These powers may only be exercised in
prescribed circumstances and in a way that safeguards the rights of the child
and parents. Suspensions are limited to a maximum of 20 days.
The powers are intended to ensure that all Catholic
systemic schools maintain an environment that supports effective teaching and
learning free from disruption, violence or threats of violence and that
individual students comply with reasonable requirements regarding their
behaviour, necessary for their education, safety and well being and that of
other students.
The processes are required to include measures to
protect the rights of the child who is subject to a suspension or exclusion as
well as the child's parents. These rights are:
• a fair hearing;
• provision of information about the decision and
the process;
• a clear and consistent process;
• an appeal;
The process may be initiated by a recommendation from a
school principal to the director when the principal is satisfied that action
allowed under this section is appropriate.
The principal must be satisfied that exclusion or
suspension is a last resort, and that all other appropriate remedies (including
support and sanctions) for the child's behaviour have been reasonably applied
without success.
The director is given power to suspend or exclude a
child immediately if satisfied that it is necessary and that the rights of the
child and the child's parents are respected.
It is expected that measures will be put in place to
assist the child and their parents to enable the child to resume school
attendance as soon as possible.
This provision allows for the immediate (formal) removal
of a child from school when it is appropriate to do so in the interests of the
child and the school. This action could be appropriate when a serious event
occurs, for example arson or serious violence.
(1) States that this section applies under the following
conditions.
(a) A child attending a Catholic systemic school is
persistently and wilfully non compliant, acts in a way that threatens the good
order of the school, the safety or well-being of another child at the school or
a member of staff of the school, displays behaviour that is disruptive to the
child’s learning or that of other children or threatens to be violent or
is violent to someone else at the school. This section would apply to acts taken
on or off the school premises.
(b) The principal of the school must be satisfied that
action should be taken under this section.
(2) Enables the principal to recommend to the director
that the director suspend the child from the school for a stated period not
longer than 20 days; or exclude the child from the school.
(3) Allows the director discretion in responding to the
principal's recommendation. It states that after considering the
principal’s recommendation, the director may either:
• give effect to the recommendation;
• take any other action mentioned in subsection
(2) that the director considers appropriate; or
• suspend the child for a period not longer than
20 days.
(4) States that the director may exclude a child only
if:
• the child’s parents are given an
opportunity to be consulted, and told in writing about the action that has been
taken in relation to their child and the reasons for it;
• the child is given a reasonable opportunity to
attend counselling, undertake relevant educational programs or receive other
appropriate assistance
• as far as the child’s maturity and
capacity for understanding allows, the participation of the child has been
sought, and any views of the child considered, in deciding whether to suspend or
exclude the child;
• the child is given sufficient information about
the decision-making process, in a language and way that the child can
understand, to allow the child to participate in the process; and
• the child is offered information about
alternatives for continuing the child’s education after the
exclusion.
(5) States that the director may suspend a child but
only if:
• the child’s parents are given an
opportunity to be consulted, and informed in writing about the action that has
been taken in relation to their child and the reasons for it;
• as far as the child’s maturity and
capacity for understanding allows, the participation of the child has been
sought, and any views of the child considered, in deciding whether to suspend or
exclude the child;
• the child is given sufficient information about
the decision-making process, in a language and way that the child can
understand, to allow the child to participate in the process; and
• the child is given a reasonable opportunity to
continue his/her education during the suspension.
(6) Enables the director to immediately suspend a child
for not longer than 5 days if, in the director’s opinion, there are urgent
or serious circumstances that require the immediate suspension.
(7) The director is required to follow the requirements
in subsection (5) when suspending a child under subsection (6) to the extent
that it is practicable and appropriate to do so.
(8) The director may suspend a child under subsection
(6) while deciding what other action, if any, should be taken in relation to the
child.
(9) Enables the director to delegate the
director’s power to suspend a child for not longer than five days to the
principal.
(10) If the director excludes a child from all Catholic
systemic schools, the director must giver the registrar written notice of this
exclusion.
(11) Director means the person who is occupying the
position prescribed under the regulations.
Section 104 Suspension or
exclusion of children – other non-government schools
This section applies to children attending a non
government school other than a Catholic systemic school.
This section allows the principal to suspend a child
from attending a specific non government school or exclude a child from
enrolling at that school. These powers may only be exercised in prescribed
circumstances and in a way that safeguards the rights of the child and parents.
Suspensions are limited to a maximum of 20 days.
The powers are intended to ensure that all non
government schools maintain an environment that supports effective teaching and
learning free from disruption, violence or threats of violence and that
individual students comply with reasonable requirements regarding their
behaviour, necessary for their education, safety and well being and that of
other students.
The processes are required to include measures to
protect the rights of the child who is subject to a suspension or exclusion as
well as the child's parents. These rights are:
• a fair hearing;
• provision of information about the decision and
the process;
• a clear and consistent process;
• an appeal;
The principal must be satisfied that exclusion or
suspension is a last resort, and that all other appropriate remedies (including
support and sanctions) for the child's behaviour have been reasonably applied
without success.
The principal is given power to suspend or exclude a
child immediately if satisfied that it is necessary and that the rights of the
child and the child's parents are respected.
It is expected that measures will be put in place to
assist the child and their parents to enable the child to resume school
attendance as soon as possible.
This provision
allows for the immediate (formal) removal of a child from school when it is
appropriate to do so in the interests of the child and the school. This action
could be appropriate when a serious event occurs, for example arson or serious
violence.
(1) States that this section applies under the following
conditions.
(a) A child attending a non government school (that is
not a Catholic systemic school) is persistently and wilfully non compliant, acts
in a way that threatens the good order of the school, the safety or well-being
of another child at the school or a member of staff of the school, displays
behaviour that is disruptive to the child’s learning or that of other
children or threatens to be violent or is violent to someone else at the school.
This section would apply to acts taken on or off the school
premises.
(b) The principal of the school must be satisfied that
action should be taken under this section.
(2) Enables the principal to suspend the child from the
school for a stated period not longer than 20 days; or exclude the child from
the school.
(3) States that the principal may exclude a child only
if:
• the child’s parents are given an
opportunity to be consulted, and told in writing about the action that has been
taken in relation to their child and the reasons for it;
• the child is given a reasonable opportunity to
attend counselling, undertake relevant educational programs or receive other
appropriate assistance;
• as far as the child’s maturity and
capacity for understanding allows, the participation of the child has been
sought, and any views of the child considered, in deciding whether to suspend or
exclude the child;
• the child is given sufficient information about
the decision-making process, in a language and way that the child can
understand, to allow the child to participate in the process; and
• the child is offered information about
alternatives for continuing the child’s education after the
exclusion.
(4) States that the principal may suspend a child but
only if:
• the child’s parents are given an
opportunity to be consulted, and informed in writing about the action that has
been taken in relation to their child and the reasons for it;
• as far as the child’s maturity and
capacity for understanding allows, the participation of the child has been
sought, and any views of the child considered, in deciding whether to suspend or
exclude the child;
• the child is given sufficient information about
the decision-making process, in a language and way that the child can
understand, to allow the child to participate in the process; and
• the child is given a reasonable opportunity to
continue his/her education during the suspension.
(5) Enables the principal to immediately suspend a child
for not longer than 5 days if, in the principal’s opinion, there are
urgent or serious circumstances that require the immediate
suspension.
(6) The principal is required to follow the requirements
in subsection (5) when suspending a child under subsection (6) to the extent
that it is practicable and appropriate to do so.
(7) The principal may suspend a child under subsection
(6) while deciding what other action, if any, should be taken in relation to the
child.
(8) If the principal excludes a child, the principal
must notify the registrar in writing of the exclusion.
Part
4.4 Non-Government Schools Education Council
Division
4.4.1 Establishment and membership
Section
105 Establishment of council (non-government)
Establishes a Non government Schools Education Council
Section
106 Functions of council (non-government)
(a) and (b) The functions of the Council are to advise
the Minister on any aspect of non government schooling and, on the request of
the Minister, to inquire into and advise on any aspect of non government
schooling.
(c) The Council may meet with the Government Schools
Education Council to discuss matters of mutual interest.
(d) The Council may also exercise other functions given
to it under this Act or other Territory law allowing flexibility for adaptation
of the Council to future circumstances and needs.
Section
107 Membership of council (non-government)
Defines the membership of the Non government Schools
Education Council to comprise the members appointed by the Minister under
section 108.
Section
108 Appointed members of council (non-government)
The purpose of this section is to ensure the Council
comprises persons who represent the interests of the non government school
community and the general community.
(1)(a) Requires the Minister to appoint a
chairperson.
(1)(b) The Minister is required to appoint four people
who in the opinion of the Minister represent the general community. These
members are termed "community members”.
(1)(c) and (2) The Minister is required to appoint six
people who in the opinion of the Minister represent the views of non government
school education. Three people must be chosen from the nominations of
organisations representing Catholic schools. One person must be chosen from the
nominations of each of the organisations that represent non catholic independent
schools, the non government school union, and the parents associations of non
government schools. These members are termed “education
members”.
Section
109 Deputy chairperson of council (non-government)
Requires one of the appointed members to be elected as a
deputy chairperson by the other members. The Council must tell the Minister of
the election of the member as deputy chairperson.
Section 110 Term of appointment
to council (non-government)
This section specifies the term of appointment of a
member as not longer than three years.
It also states the information required on the
instrument of appointment or letter appointing a member. The information to
include is: whether the member is the chairperson, or a community member or an
education member.
Section
111 Ending of appointment to council
(non-government)
This section enables the Minister to end an appointment
to the Council if the Minister is satisfied that a member no longer represents
the interest of the body that nominated the member.
The Minister may also end an appointment for
misbehaviour by the member, or because the member has contravened section 116
(Disclosure of interests by members of council).
Section
112 Conditions of appointment generally of council
(non-government)
Allows appointments to be made under conditions decided
by the Minister.
Section 113 Arrangements for
staff
Allows the Council to arrange with the chief executive
to use public servants in the chief executive's administrative unit.
It also states that the Public Sector Management Act,
1994 applies to the public servants used by the council.
Division
4.4.2 Proceedings of Council (non-government)
Section
114 Time and place of meetings of council (non-government)
Allows the Council to decide the time and place of its
meetings provided that it meets at least twice a year.
Section
115 Proceedings of council (non-government)
This section requires the Council to keep minutes of all
meetings but otherwise allows the committee to decide the procedures to be
followed at meetings.
Section
116 Disclosure of interests of members of council (non-government)
The purpose of this section is to enable the Council to
advise and inform the Minister having regard to personal financial interests of
individual members of the Council.
(1) Requires members to disclose direct or indirect
financial interests relevant to Council business and states the procedures to be
followed.
(2) States that as soon as practical after a member of
the Council becomes aware of the facts, that member must disclose to the other
members at a meeting of the Council any financial interest that he/she has that
may conflict with the proper exercise of their functions.
(3&4) The disclosure must be minuted and the member
with a financial interest must not be present, unless the Council decides
otherwise, when relevant issues are discussed. The member, or any other member
who also has a direct or indirect financial interest in the issue, must not take
part in any decision on issues relevant to that interest that may affect the
interest or be affected by the interest.
(5) Requires that within 14 days of the end of the
financial year the chair of the Council must give the chief executive a
statement of any disclosure of interest made under subsection (2) during the
financial year.
Section 117 Annual report by
council (non-government)
This section requires the Council to prepare an annual
report on its operations for each financial year and give a copy of the report
to the Minister as soon as practical after the end of the financial year but not
later than a date stipulated by the Minister.
The Minister is required to table the report in the
Legislative Assembly within six sitting days after the Minister receives the
report from the Council.
Part
4.5 Other provisions
Division
4.5.1 Authorised persons (non-government)
This part enables the chief executive to appoint
authorised persons (non government) to carry out inspections of premises and
documents in order to obtain information relevant to compliance by schools,
other organisations and persons with the requirements of any provision of
Chapter 4 of this Act.
The powers and responsibilities of the chief executive
in relation to authorised persons (non government) are stated.
The powers and responsibilities of authorised persons
(non government) are stated.
The rights and responsibilities of non government school
principals or proprietors are stated in relation to the exercise of the
responsibilities of authorised persons (non government).
Section
118 Appointment of authorised persons (non-government).
(1) Enables the chief executive to appoint a person as
an authorised person (non government) for Chapter 4 or a provision of Chapter 4
of this Act. The appointment must be in writing.
(2) Allows the regulations to prescribe a person to be
an authorised person (non government) for Chapter 4 or a provision of Chapter 4
of this Act.
An authorised person (non government) must be an
Australian citizen or a permanent resident of Australia.
The chief executive must after inquiry, certify in
writing, that the person is suitable to perform the duties of an authorised
person (non government) having regard to person’s criminal history (if
any), employment record and if the person has satisfactorily completed adequate
training in the functions that they are to perform.
Section
119 Identity cards for authorised persons (non government)
(1) Requires the registrar to issue an identity card to
an authorised person (non government) which must include a recent photograph of
them, their name, the dates of issue and expiry and other information prescribed
under the regulations.
(2) Requires an authorised person (non government) to
return an identity card to the registrar within 21 days of ceasing to be an
authorised person (non government). A penalty for non compliance is stipulated.
An offence against this section is a strict liability offence.
Division
4.5.2 Inspection powers for non-government schools
Section 120 Power not to be
exercised before identity card shown etc
Requires an authorised person (non government) to show
an identity card to a person before exercising any powers under Chapter 4 of
this Act in relation to that person.
An authorised person (non government) is not permitted
to remain in a non government school entered under this division, if they do not
produce an identity card when requested to do so by the principal.
Section
121 Entry to non-government schools for inspections
Gives power to an authorised person (non government) to
enter the premises of a non government school at any time they are being used as
a school, to carry out an inspection of the school in regards to the school
complying with this Act.
Section
122 Entry to non-government schools with consent
This section allows an authorised person (non
government) to enter a non government school other than for an inspection, only
with the consent of the principal.
It also enables an authorised person (non government) to
enter a non government school without consent in order to seek consent to enter
the school.
Section
123 Consent to entry
(1) This section applies when an authorised person (non
government) intends to seek consent to enter a non government school.
(2) Requires that before asking for consent to enter, an
authorised person (non government) must inform the principal of the non
government school the reason for the entry and that they are not required to
give consent.
(3) If consent is given, the authorised person (non
government) must ask the principal to sign a written acknowledgement.
(4) The written acknowledgement must state that the
principal was told the reason for the entry, that consent to entry is not
compulsory and may be refused, that the principal gives consent to enter and
exercise powers under Chapter 4 of this Act and the time and date the consent is
given.
(5) The principal must be given a copy of the
acknowledgement if they have signed it.
(6) A court may assume that a principal did not consent
when:
(a) a question arises, in a proceeding in the court,
whether the principal consented to the authorised person (non government)
entering the school or premises under this Act;
(b) an acknowledgment under this section is not produced
in evidence for the entry; and
(c) it is not proved that the principal consented to the
entry.
Section
124 Powers on entry
The purpose of this section is to enable an authorised
person (non government) to collect information to ascertain if a school is
complying with the provisions of this Act.
This section enables an authorised person (non
government) who has entered a non government school under sections 121 or 122 to
inspect the premises and facilities of the school including registers of
enrolment and attendance.
Division
4.5.3 Miscellaneous
Section
125 Inspection of register of non-government schools
This section enables a person to inspect the register of
non government schools without charge and, enables a person to copy all or part
of a register on payment of a reasonable charge for copying costs.
Section 126 Minister to present
advice of council (non-government).
Requires the Minister to present to the Legislative
Assembly a copy of the advice given to the Minister by the Non Government School
Education Council (under Section 106(a) or (b)) within six sitting days after
the day the advice is given to the Minister.
CHAPTER
5 HOME EDUCATION
Part
5.1 General
Section
127 Principles on which ch 5 are based
Chapter 5 is based on the recognition of a parent's
right to choose a suitable educational environment for their children.
It also recognises the diversity of different religious
and educational philosophies held by parents providing home education for their
children and the diversity of educational philosophies reflected in the
particular forms of education parents provide for their
children.
It states that home education is committed to:
• offering a broad range of opportunities that
foster in each child the development of the child’s unique spiritual,
emotional, physical, social and intellectual being;
• valuing the individual needs, interests and
aptitudes of each child; and,
• preparing each child to become an independent
and effective local and global citizen.
Part
5.2 Registration – home education
Section 128 Meaning of
home education
Home education is defined as education
provided by the child's parents mainly in the child's home.
Section
129 Application for provisional registration for home education
Parents may apply in writing to the chief executive for
provisional registration for home education for their children. The chief
executive must provisionally register a child for home education. Provisional
registration for home education ends six months after the day the provisional
registration begins.
Section 130 Registration for home
education
The purpose of this provision is to ascertain that
persons intending to home educate their children meet the requirements for
registration for home education.
(1) Enables the chief executive to register a child for
home education not earlier than after three months of provisional registration.
A parent of the child must apply in writing to the chief executive for
registration for home education.
(2) Section 130 also applies if the parents of a child
apply in writing to chief executive for registration for home education and
immediately before the application the child was registered or approved under
the law of a State or another Territory for home education.
(3) In order to register a child the chief executive
must be satisfied that the conditions of registration for home education will be
complied with. The period of registration may not be for a period longer than
two years.
(4) Allows an authorised person (government) to inspect
any education programs, materials and other records proposed to be used for home
education.
Section
131 Conditions of registration for home education
The conditions for registration of home education are as
follows:
(a) that the parents of the child provide a high quality
education for the child; and
(b) the parents of the child must document the
educational opportunities provided to their child and their strategies to
encourage their child to learn;
Section
132 Registration of child
If the chief executive approves the registration of a
child for home education then the chief executive is responsible for ensuring
that the particulars of the home education arrangements as specified in the
regulations are entered in a register kept under section 138 (Home education
register).
The chief executive must ensure that a certificate of
registration that states the term of the registration is given to the parents
registered to home educate a child.
Section
133 Period of registration
The term of registration for home education is to be no
longer than two years. The term is to be stated in a certificate of
registration.
Section
134 Cancellation of registration for home education
This section states the process for a cancellation of
registration for home education by the chief executive.
(1) The chief executive is authorised to cancel a
registration for home education if satisfied on reasonable grounds that a parent
has contravened a condition of registration.
(2) Before cancelling a registration the chief executive
must give the parent a written notice that states the grounds for cancellation,
the facts that establish the grounds and advising the parent that they may
provide a written response within 14 days of receiving the notice.
(3) In considering whether to cancel registration, the
chief executive is required to take account of any written response from parents
given in accordance with Subsection (2)(c).
(4) The chief executive must give the parents written
notice of the decision.
(5) The cancellation takes effect on the day the parents
are given the written notice or on the day stated in the notice.
Section
135 Certificate of registration for home education
A certificate of registration for home education must
include:
• the name of the child registered for home
education;
• the name of the child's parents or parent;
• where the home education is to be given and the
parts of the premises used for home education;
• the period of registration;
• the conditions of registration
and
• any other particulars prescribed under the
regulations.
Section 136 Renewal of
registration for home education
Parents of children who are registered for home
education may apply in writing to the chief executive for renewal of
registration.
The application must be made at
least 6 months before the registration ends. The chief executive may approve a
lesser period.
In order to renew the
registration of a child the chief executive must be satisfied that the
conditions of registration for home education will be complied with. The period
of registration may not be for a period longer than two
years
Section
137 Home education reports
Parents of a child registered for home education are to
give a report about the educational progress of the child to the chief executive
once every year.
Section
138 Home education register
The chief executive is to maintain a home education
register listing details of the children registered for home education.
Part
5.3 Inspection powers for home education premises
Section
139 Power not to be exercised before identity card shown etc
Requires an authorised person (government) to show an
identity card to a person before exercising any powers under Chapter 5 of this
Act in relation to that person.
An authorised person (government) is forbidden to remain
on premises entered under this part, if the authorised person (government) does
not produce an identity card when requested to do so by the occupier.
Section
140 Entry to home education premises with consent
The purpose of this section is to permit an authorised
person (government) to enter with consent those parts of a house used for home
education to enable the authorised person to assess whether this Act is being
complied with. An authorised person (government) may enter land around the
premises to ask for consent to enter the premises without a parent’s
consent.
The section gives power to an authorised person
(government) to enter, if the parent of the child consents to the entry, but
only to those parts of the premises stated in a certificate of registration for
home education as the parts used for home education. The purpose of the entry is
to ascertain if the home education arrangements comply with this Act.
Section
141 Consent to entry
(1) This section applies when an authorised person
(government) intends to seek the consent of the parent of the child registered
for home education to enter home education premises.
(2) Before asking for consent to enter, an authorised
person (government) must inform the parent the reason for the entry and that
they are not required to give consent.
(3) If consent is given, the authorised person
(government) may ask the parent to sign a written acknowledgment.
(4) The written acknowledgment must state that the
parent was told the reason for the entry, that consent to entry is not
compulsory and may be refused, that the parent gives consent to enter and the
date and time the consent is given.
(5) The parent must be given a copy of the
acknowledgment if they have signed it.
(6) A court may presume that a parent did not consent
when:
(a) a question arises, in a proceeding in the court,
whether the parent consented to the authorised person (government) entering the
home-school or premises under this Act;
(b) an acknowledgment under this section is not produced
in evidence for the entry; and
(c) it is not proved that the parent consented to the
entry.
Section
142 Powers on entry
The purpose of this section is to enable an authorised
person (government) to collect information required to ascertain if home
education arrangements comply with the provisions of this Act. It restricts the
entry and inspection powers only to those parts of the premises stated in the
certificate of registration to be used for home education and only to home
education materials.
This section enables an authorised person (government)
who has entered a home education premises under section 140 (Entry to home
education premises with consent) to inspect the premises stated in a certificate
of registration for home education as the parts of the premises to be used for
home education or anything in them.
CHAPTER
6 MISCELLANEOUS
Part
6.1 Review of decisions
Section
143 Meaning of reviewable decision for Part 6.1
Specifies that a reviewable decision in this part
means:
either
(a) a decision of the Minister mentioned in an item in
Schedule 1, Part 1.1, Column 3 under a provision of this Act mentioned in
Schedule 1, Part 1.1, Column 2; or
(b) a decision of the chief executive mentioned in an
item in Schedule 1, part 1.2,column 3 under a provision of this Act mentioned in
schedule 1, part 1.2, column 2.
Section
144 Notice of decisions to be given to affected people
When the Minister or the chief executive makes a
reviewable decision they must give written notice of the decision to each person
mentioned in schedule as follows:
(1) If the Minister makes a reviewable decision, the
written notice must be given to each person mentioned in Schedule 1 part 1.1,
column 4 in relation to the decision, eg a decision made on the application for
in principle approval for provisional registration of a school or registration
of a school at an additional educational level.
(2) If the chief executive makes a reviewable decision,
the written notice must be given to each person mentioned in Schedule 1, part
1.2, column 4 in relation to the decision.
(3) A notice must be in accordance with the requirements
of the code of practice in force under the Administrative Appeals Tribunal
Act 1989, Section 25B (1).
The Code of Practice
The Code of Practice (Administrative Appeals
Tribunal Act 1989, Section 25B (1)) states at Part 4 - Contents of Notices:
(1) Every notice of rights of review should, in
simple and brief terms, inform the person to whom it is given of the following
information-
(a) a succinct explanation for
the decision;
(b) any statutory right of the
person to ask for reasons for the decision (if a form of reason has not already
been given);
(e) the name, location, postal
and document exchange addresses and the telephone and facsimile numbers of the
review authority;
(d) whether the review
authority is independent of the agency that made the decision and whether the
authority has the power to overturn the
decision;
(e) how applications for review are
to be made and any time limits applying to applications;
(f) whether or not fees are payable for
applications review and, if so, the amount of the fees and when they are
payable;
(g) whether a waiver of fee payment
may be applied for and, if so, the basis of the
application;
(h) any time limits within which
the review authority must review the decision;
(i) any time limits within which the review
authority must review the application; and,
(i) any right that the person has to obtain
access to documents about the decision under the Freedom of Information
Act 1989 or any other Act or administrative arrangement, and the
basic procedures for exercising that right.
(2) Subclause (1) does not, by implication limit
the information that may be given, but consideration should be given to
including, where appropriate, information concerning:
(a) the availability of legal, financial and
other forms of advice and
assistance;
(b) whether or not there are
provisions permitting costs to be awarded against parties to the proceedings;
and
(c) procedures of the review authority
about which the persons to whom notices are directed should particularly be
aware, such as whether attendance is required at hearings and the availability
of interpreter services.
Section
145 Who may apply for internal review of decisions
(1) A person whose interests are affected by a
reviewable decision may apply in writing to the decision maker for internal
review of the decision.
(2) The decision maker must arrange for someone else
(the internal reviewer) to review the decision.
(3) This section does not apply to a reviewable decision
made personally by the Minister or chief executive.
Section
146 Applications for internal review
(1) An application for internal review of a decision
must be made within:
(a) 28 days after the applicant is told about the
decision by the decision maker; or
(b) any longer period allowed by the internal reviewer
either before or after the end of the 28 day period.
(2) The application for internal review must state the
grounds on which internal review of the decision is sought.
(3) The outcome of a decision may take effect regardless
of an application being made for internal review of the decision.
Section
147 Internal Review
(1) The internal reviewer is to review the reviewable
decision and confirm, vary or revoke the decision within 28 days after the
decision maker receives the application for review of the decision.
(2) If the decision is not varied or revoked within 28
days the decision is taken to be confirmed by the internal
reviewer.
(3) The internal reviewer must give written notice of
the decision on the internal review to the applicant as soon as is practicable.
(4) The notice must be in accordance with the code of
practice in force under the Administrative Appeals Tribunal Act 1989
Subsection 25B (1).
Section
148 Review by administrative appeals tribunal of certain decisions
A person may apply in writing to the Administrative
Appeals Tribunal for review of decisions made by an internal reviewer, or of a
reviewable decision made personally by the Minister or chief executive.
Part
6.2 Other provisions
Section
149 Preschools
The chief executive is to encourage and provide
opportunities for the participation of parents in the conduct of
preschools.
Section
150 Offences on school premises
The purpose of this section is to protect school
premises from trespass and from offensive or disorderly conduct by people on
school premises.
A person commits an offence when they are on school
premises, fail to leave the premises when directed to do so by a police officer,
the principal or a person authorised by the principal.
A penalty of 10 penalty units is stipulated.
The offence under this provision is stated to be a
strict liability offence (Criminal Code 2002 Section 23). A strict liability
offence is where the Criminal Code 2002 makes a defence of mistake of fact
available - where a person is honestly and reasonably mistaken about relevant
facts (Criminal Code Section 36).
School
premises are defined for the purpose of
this section as the land including buildings and other structures on the land
occupied by a
school.
Section
151 Obligations on parents
Any person who has legal parental responsibility for a
child under this Act may be held responsible for carrying out an obligation that
applies to the parents of a child. Similarly anyone who has legal parental
responsibility may carry out an obligation in respect of a
child.
(1) Where, in this Act, an obligation is expressed to
apply to the parents of a child any parent may carry out the obligation.
(2) Each parent is liable when an obligation laid on the
parent of a child is not carried out.
Section
152 Notification of parents
Any person who has legal parental responsibility for a
child under this Act may be given information, required to do something or be
advised of anything in respect of the child under this Act.
Any one of a child's parents may be asked for
information, asked to carry out a task and advised or informed of anything under
this Act.
It is not necessary for all of those who have a parental
responsibility for the child to be so asked for information, carry out a task
advised or informed.
If a notice is required to be given to the parents of a
child, or there is an obligation to ask or tell the parents of a child
something, it is sufficient if a parent of the child is given notice or asked or
told the thing.
Section
153 Minister may grant scholarships etc
The Minister may give bursaries, exhibitions, free
places, prizes scholarships or other forms of assistance or reward to be used
for the benefit of a student at a government school, college or university in
the ACT, or for the benefit of a government school, college or university in the
ACT, or for a child registered for home education in the ACT. This does not
appropriate public money
Section
154 Gifts and donations
(1) and (2) If the Minister is satisfied that a
condition attached to a gift or bequest to the Territory on trust for
educational purposes is inappropriate, impracticable or impossible to comply
with, the Minister may, in writing, declare the property of the trust (called
the original trust) is subject to another trust.
(3) The declaration made by the Minister must state the
purposes of the other trust.
(4) The Minister must ensure that the property is dealt
with as nearly as practicable for the purposes for which it was held immediately
before the declaration.
(5) When the declaration commences, the original trust
ceases and the property is taken to be held by the Territory in trust for the
purposes stated in the declaration.
(6) The declaration is a notifiable
instrument.
Section
155 Education trust fund
(1) The Minister must keep and administer a fund called
the education trust fund.
(2) States that the assets of this fund may only be used
in accordance with this section.
(3) Requires the chief executive to open and maintain
under section 51 of the Financial Management Act 1996 a trust account
with an authorised deposit-taking institution to be used only for this fund.
The trust account is called the education trust account.
(4) The account consists of money held by the Territory
in trust in relation to anything mentioned in section 153 (Minister may grant
scholarships etc), and any other money that may lawfully be paid into the
fund.
(5) The fund may only be used for promoting education,
giving bursaries, exhibitions, free places, prizes, scholarships or other forms
of assistance or reward for a benefit mentioned in section 153. The fund may
also be used for any other purpose prescribed under the
regulations.
Section
156 Approved forms
The Minister may approve forms for this Act. When the
Minister approves a form for a particular purpose, the approved form must be
used for that purpose. An approved form is a notifiable
instrument.
Section
157 Regulation-making power
(1) Empowers the Executive to make regulations for this
Act.
(2) Enables the regulations to create offences for
contravention of regulations but sets the maximum penalty at 10 penalty units.
CHAPTER
7 TRANSITIONAL PROVISIONS
Part
7.1 Assets and liabilities of former authority
Section
158 Meaning of former
authority
Defines former authority to mean
the authority established under the Schools Authority Act 1976 now
repealed under this Act.
Section
159 Vesting of assets and liabilities of former authority in Territory
The assets and liabilities of the former Schools
Authority (extinguished by repeal in sections 174 and 175) may be transferred to
the Territory.
Any current contractual arrangement may pass from the
Schools Authority to the Territory.
(1) The assets or liabilities of the former authority
vest in the Territory.
(2) If an asset or liability that vests in the Territory
is mentioned in a contract, agreement or arrangement, a reference in the
contract, agreement or arrangement to the former authority is, in relation to
anything happening or to happen in relation to the asset or liability after the
vesting of the asset in the Territory, a reference to the Territory.
Section
160 Evidentiary certificate for vested assets and liabilities
The chief executive may create documents certifying the
transfer of assets or liabilities from the former Schools Authority to the
Territory. It affirms the validity of those documents.
(1) The chief executive may certify that an asset or
liability has vested in the Territory under section 159 (Vesting of assets and
liabilities of former authority in Territory).
(2) A certificate under subsection (1) is evidence of
the matters it states.
Section
161 Registration of changes in title to certain assets
A registering authority is required to transfer the
registration of the assets of the former Schools Authority to the Territory.
Even if this transfer is not done by actually changing the register it is taken
to have been done by this Act.
(1) States the application of the Section to a
registrable asset vested in the Territory and for which the Territory has given
the registrable authority a certificate under Section 159 (Vesting of assets and
liabilities of former authority in Territory) and the Territory gives the
registering authority for the asset a certificate under section 160 for the
asset.
(2) A registrable authority may enter particulars in the
register and anything else that needs to be done to record the vesting of the
asset in the Territory.
(3) The evidentiary value of a register mentioned in
this section is not affected by making an entry in the register, not making an
entry in the register or failure by the Territory to give a certificate to the
registering authority for the registrable asset.
(4) Defines a registering authority and
registrable asset for the purpose of this
section:
a registering authority is the person
required or permitted under Territory law to enter the ownership of assets in a
register; and
a registrable asset is an asset including
land, the particulars of which under Territory law are required or permitted to
be entered in a register.
Section
162 Proceedings and evidence in relation to vested assets and liabilities
(1) This Section applies in relation to an asset or
liability that vests in the Territory under section 159 (Vesting of assets and
liabilities of former authority in Territory).
(2) If a proceeding had been begun in relation to the
asset or liability before it vested in the Territory and the former authority is
a party to the proceeding, the Territory is substituted for the former authority
as a party to the proceeding.
(3) If a proceeding could have been begun by or against
the former authority in relation to the asset or liability before it vested in
the Territory, the proceeding may be begun by or against the
Territory.
(4) The Limitation Act 1985 applies to a cause of
action that accrued to or against the former authority in relation to the asset
or liability as if the cause of action had accrued to or against the Territory
when it accrued to or against the former authority.
(5) A court or other entity in which a proceeding is
begun or continued by or against the Territory in relation to the asset or
liability may give directions about the conduct of the
proceeding.
(6) Any evidence that would have been admissible for or
against the former authority in the proceeding is admissible for or against the
Territory.
(7) In this section "proceeding" includes
a right of appeal or review (including a right of review under the Ombudsman
Act 1989) or any other civil proceeding.
Part
7.2 General savings
Section
163 Definitions for Part 7.3
Defines:
commencement day as the day
the Schools Authority Act 1976 is repealed;
former authority Act as the Schools
Authority Act 1976 (repealed by this Act); and,
former education Act as the Education
Act 1937 (repealed by this Act).
Section
164 Existing schools etc
Continues the legal existence under this Act of all
schools established under the Schools Authority Act 1976 and in existence
immediately before this Act.
It similarly provides for the continued legal existence
under this Act of a school or other educational or related institution,
educational service, or educational or related service established under the
former Schools Authority Act 1976.
(1) Provides for a preschool, primary school, high
school or secondary college established under the former authority Act, Section
6 (1) (a) (i) that was in existence immediately before the commencement to be
taken, after the commencement, to be a school of that kind established under
section 20 (1) (Establishing government schools etc) of this Act.
(2) Provides for a school or other educational or
related institution, educational service, or educational or related service
established under the former authority Act, section 6, other than section 6 (1)
(a) (i), that was in existence immediately before the commencement to be taken,
after the commencement, to be a school related educational institution
established under section 20 (3) (Establishing Government schools etc) of this
Act.
Section
165 Name of schools, institutions and services
Provides for the continued legal use under this Act of
the name of a preschool, school, college, institution or service established
under the former Schools Authority Act 1976.
(1) Applies this section to a preschool, primary school,
high school or secondary college, a school or other educational related
institution, or an educational or related service, established under the former
authority Act that was in existence immediately before the
commencement.
(2) Provides for the continued use of a name given to
the preschool, school, college, institution or service under this
Act.
Section
166 School boards
Provides for the continued legal existence under this
Act of a school board established under the former Schools Authority Act
1976.
A school board established under section 37 of the
former authority Act is taken, after the commencement, to have been established
under section 38
(Establishment of school boards) of this Act.
Section 167 Parents and citizens
associations
This section continues the legal validity under this act
of a declaration of a parents and citizens association for a government school
made under the former Schools Authority Act
1976.
A parents and citizens association
for a government school may be declared under subsection 36 (2) of the former
authority Act to be taken, immediately before the commencement day, to be the
parents and citizens association declared under section 40 (Declaration of
parents and citizens associations) of this Act for the school.
Section
178 Members of school boards
Provides for the continued membership for the duration
of their current term of office of members of school boards appointed under the
former Schools Authority Act 1976.
Provides for a member of a school board who was elected
or appointed under section 40, 41 or 42 of the former authority Act immediately
before the commencement to hold office, after the commencement, as a member
elected or appointed under section 41 (Constitution of school boards generally),
section 42 (Constitution of school boards of small schools), or section 43
(Constitution of school boards of school related institutions and other schools
in special circumstances) of this Act for the remainder of the term for which
the member was appointed.
Section
169 Exemption certificates
Provides for the an exemption certificate given under
section 16 of the former Education Act 1937 immediately before the repeal
of that Act to continue to be in force under section 14 (Exemption certificates)
of this Act for the remainder of the term for which it was given.
Section
170 Existing registered and provisionally registered schools
This section provides for schools that are already
registered or provisionally registered under the former education
Act.
(1) A school that is provisionally
registered under section 22 of the former education Act immediately before
commencement is taken, after commencement day, to be provisionally registered
under section 86 of this Act for the education levels for which it was
provisionally registered immediately before the commencement day and for the
remainder of the period for which it was provisionally
registered.
(2) A school registered under section
23 of the former education Act immediately before commencement is taken, after
the commencement day, to be a school registered under section 88 of this act for
the educational level for which it was registered immediately before the
commencement day and for the remainder of the period for which it was
registered.
(3) A certificate issued under
section 22 of the former education Act that was in force immediately before
commencement is taken, after the commencement day, to be a certificate issued
under section 86(4) (Provisional registration) of this
Act.
(4) A certificate issued under section 23
of the former education Act that was in force immediately before commencement is
taken, after the commencement day, to be a certificate issued under section
88(4)(b) (Registration) of this Act.
Section 171
Registers
This section continues the legal validity of registers
of attendance under this Act of any school kept under the former Education
Act 1937.
It also provides for the continued legal validity under
this Act of any register of all non government schools kept under the former
Education Act 1937.
(1) A register of attendances is to be kept under the
former Education Act 1937, section 15 to be taken, after the
commencement, to be a register of enrolments and attendances under section 33
(Keeping records of enrolment and attendances for government schools) or section
99 (Keeping records of enrolment and attendances for non government school) of
this Act.
(2) A list of registered primary schools and a list of
registered secondary schools are to be kept under the former Education Act
1937, section 28 to be taken, after the commencement, to be a register of
non-government schools kept by the registrar under section 79 (Register of
non-government schools) of this Act.
Part
7.3 Miscellaneous
Section 172 Expiry of ch
7
States that Chapter 7 expires 1 year after it commences.
Section
173 Declared law for Legislation Act 2001, s 88
States that Chapter 7 is a law to which the
Legislation Act 2001, section 88 (Repeal does not end effect of
transitional laws etc) applies.
CHAPTER
8 REPEALS AND CONSEQUENTIAL AMENDMENTS
Section
174 Acts repealed
This Section repeals the legislation that is replaced by
this Act.
States that the following Acts are
repealed:
Education Act 1937 A1937-25
Free Education Act 1906 A1906-12
Public Instruction Act 1880
A1880-23
Schools Authority Act 1976 A1976-59
Section
175 Regulations repealed
This section repeals the Schools Authority
Regulations 1978 SL1978-11.
Section
176 Legislation amended – sch 2
States that Schedule 2 amends the Acts and regulations
mentioned in that schedule.
SCHEDULE
1 REVIEWABLE DECISIONS
Part
1.1 Minister's decisions
Contains a table (next page) that sets out who is to be
notified about a reviewable decision made by the Minister, as follows.
1 In section 84(4) Applications for in principle
approval, the applicant for in principle approval of a proposed new non
government school or for additional educational levels at an existing non
government school must be notified of a decision refusing pre application
approval,
2 In section 86(5) Provisional registration, the
applicant for provisional registration of a non government school must be
notified of a decision directing the registrar to refuse to provisionally
register the non government school,
3 In section 88(3) Registration, the proprietor of a non
government seeking registration of a non government school must be notified of a
decision directing the registrar to register a no government school for a
shorter period that the period applied for.
4 In section 88 (5) Registration, the proprietor of a
non government seeking registration of a non government school must be notified
of a decision directing the registrar to refuse to register the non government
school,
5 In section
90 (6) Registration at additional educational levels,
the proprietor of a non government school seeking registration of a non
government school at additional educational levels must be notified of a
decision directing the registrar to refuse to register the non government school
at additional educational levels,
6 In section 95 (1) Cancellation of provisional
registration or registration, the proprietor of the non government school must
be notified of a decision directing the registrar to cancel provisional
registration or registration of the non government school,
7 In section 97 (3) Renewal of registration, the
proprietor of a non government school must be notified of a decision directing
the registrar to renew the registration of a non government school for less than
the period applied for.
8 In section
97 (5) Renewal of registration, the proprietor of the
non government school must be notified of a decision directing the registrar not
to renew registration of the non government school.
Part 1.1 Table - Minister's
decisions
|
Column 1
|
Column 2
|
Column 3
|
Column 4
|
|
Item
|
Act provision
|
Reviewable
decision
|
Person to be
notified
|
|
1
|
84 (4) Deciding in principle
applications
|
refusing to give in principle approval
|
applicant for in principle approval
|
|
2
|
86(5) Provisional registration
|
directing registrar to refuse to provisionally register
a non government school
|
applicant for provisional registration of the school
|
|
3
|
88 (3) Registration
|
directing registrar to register a non government school
for a shorter period than the period applied for
|
proprietor of the school
|
|
4
|
88 (5) Registration
|
directing registrar to refuse to register a non
government school
|
proprietor of the school
|
|
5
|
90 (6) Registration at additional educational
levels
|
directing registrar to refuse to register a non
government school at an additional educational level
|
proprietor of the school
|
|
6
|
95 (1) Cancellation of provisional registration or
registration
|
directing registrar to cancel provisional registration
or registration of a non government school
|
proprietor of the school
|
|
7
|
97 (3) Renewal of registration
|
Directing registrar to renew registration of a non
government school for less than the period applied for
|
proprietor of the school
|
|
8
|
97 (5) Renewal of registration
|
directing registrar to refuse to renew registration of a
non Government school
|
proprietor of the school.
|
Part
1.2 Chief executive’s decisions
Contains a table (next page) that sets out who is to be
notified about a reviewable decision made by the Minister, as follows.
1 In section 14 Exemption certificates, the parents of
the child applying for an exemption certificate must be notified of a decision
refusing to issue the exemption certificate on application.
2 In section 16 Revocation of exemption certificates,
the parents of the child must be notified of a decision revoking an exemption
certificate.
3 In section 36 Suspension, exclusion or transfer of
child by chief executive, the parents of the child must be notified of a
decision suspending, excluding or transferring the child.
4 In section 130 (3) Registration for home education,
the parents of the child must be notified of a decision refusing to register a
child for home education on application.
5 In section 130 (3) Registration for home education,
the parents of the child must be notified of a decision registering the child
for home education for a shorter period than the period applied for.
6 In section 134 (1) Cancellation of registration for
home education, parents of the child must be notified of a decision cancelling
registration of the child for home education.
7 In section 136 (3) Renewal of registration for home
education, parents of the child must be notified of a decision refusing to renew
the registration of the child for home education.
8 In section 136 (3) Renewal of registration for home
education, the parents of the child must be notified of a decision renewing the
registration of the child for home education for a shorter period than the
period applied for.
Part 1.2 Table - Chief executive's
decisions
|
Column 1
|
Column 2
|
Column 3
|
Column 4
|
|
Item
|
Act provision
|
Reviewable
decision
|
Person to be
notified
|
|
1
|
14 Exemption certificates
|
refusing to issue exemption certificate on application
|
parents of the child
|
|
2
|
16 Revocation of exemption certificate
|
revoking an exemption certificate
|
parents of the child
|
|
3
|
36 Suspension, exclusion or transfer of child by chief
executive
|
suspending, excluding or transferring a
child
|
parents of the child
|
|
4
|
130(3) Registration for home education
|
refusing to register a child for home- education on
application
|
parents of the child
|
|
5
|
130(3) Registration for home education
|
registering a child for home education for a shorter
period than the period applied for
|
parents of the child
|
|
6
|
134 (1) Cancellation of registration for home
education
|
cancelling registration of a child for home
education
|
parents of the child
|
|
7
|
136 (3) Renewal of registration for home
education
|
refusing to renew registration of a child for home
education
|
parents of the child
|
|
8
|
136 (3) Renewal of registration for home
education
|
renewing registration of a child for home education for
a shorter period than the period applied for
|
parents of the child
|
SCHEDULE
2 CONSEQUENTIAL AMENDMENTS
Part
2.1 Board of Senior Secondary Studies Act 1997
[2.1] States that a new Division 3.3 on
Education providers be inserted.
Section 27A
(Approved education providers). The board may approve education providers for
this Act, and the board must keep an up-to-date list of approved education
providers.
Section 27B (Criteria for approval). The board may
approve a person as an education provider only if satisfied that the following
criteria (the approval criteria) are met:
(a) the provider will have appropriate facilities and
equipment for the safety and welfare of its students; and
(b) the nature and content of the education to be
offered by the provider will be satisfactory for the educational levels for
which approval as a provider is sought; and
(c) the teaching staff will be efficient and effective;
and
(d) the institution operated by the provider will be
conducted in a satisfactory way; and
(e) the
disciplinary policy of the provider will not allow corporal
punishment.
Section 27C (Suspension of
approval). The board may suspend the approval of an education provider if the
board is no longer satisfied, based on reasonable grounds, that the provider
meets the approval criteria.
Section 27D
(Cancellation of approval). The board must cancel the approval of an
educational provider if, on at least 3 occasions, a ground existed on which the
board would have been entitled to suspend the approval of the
provider.
Section 27E (Notice of decisions).
The board must give written notice for a decision refusing to approve an
application for approval of an education provider under section 27A – to
the applicant; and for a decision suspending or cancelling approval of an
education provider under section 27C or 27D – to the education provider.
The notice must be in accordance with the requirements of the code of practice
under the Administrative Appeals Tribunal Act 1989, section
25B(1).
Section 27F (Review of decisions by
administrative appeals tribunal of certain). A person may apply in writing to
the administrative appeals tribunal for review of a decision of the board
mentioned in section 27E.
Part 2.2 Children and
Young People Act 1999
[2.2] States that in Section 330 (e) and
(f), the following is substituted:
"(e) by a government school or non government school
under the Education Act 2003, whether provided during or outside school
hours; or".
[2.3] States that in Section 330 the
paragraphs should be renumbered when the Act is next republished under the
Legislation Act 2001.
[2.4] States that in Section 373 (a) the
following is substituted:
"(a) contravenes the Education Act 2003 in
relation to the young child; or".
[2.5] States that in Section 378 the
following is substituted:
"378 Ch 10 subject to certain provisions of Education
Act
This chapter has effect subject to the Education Act
2003, section 11 (Compulsory attendance) and section 14 (Exemption
certificates)."
[2.6] States that in the Dictionary, the
following is substituted for the definition of
school:
"school means:
(a) a government or non government school under the
Education Act 2003; or
(b) an educational institution conducted by the Canberra
Institute of Technology."
[2.7] States that in the Dictionary,
definition of school-leaving age, the following is
substituted:
"school-leaving age means 15 years
old".
Part
2.3 Crimes Act 1900
[2.8] Dictionary, definition of school,
substitute:
school means a government school or non
government school under the Education Act 2003 or
(b) an educational institution conducted by the Canberra
Institute of Technology."
and includes any land or premises that belong to, are
occupied by, or used in relation to, a school.
Part
2.4 Intoxicated Persons (Care and Protection Act) 1994
[2.9] States
that in Section 3 (1), definition of school, the following is
substituted:
"school means a government school or non
government school under the Education Act 2003 and includes any land or
premises which belong to or are occupied or are used in relation to, a
school."
Part
2.5 Legislation Act 2001
[2.10] States that in Schedule 1, Part 1.1 items
about the Free Education Act 1906 and Public Instruction Act 1880
are to be omitted.
[2.11] requires that items of Schedule 1. Part
1.1 be renumbered when the Act is next republished under the Legislation Act
2001.
Part 2.6 Ombudsman
Regulations 1989
[2.12] States that in Schedule 2, item 2 is
omitted.
Part 2.7 Workers
Compensation Act 1951
[2.13] States that in Section 14 (4), definition
of an educational institution, paragraph (b) the following is substituted:
"(b) a non government school under the
Education Act 2003; or"
DICTIONARY
States the meaning of terms used in the Act.
Endnote
[Index]
[Search]
[Download]
[Bill]
[[Help]]