EDUCATION ACT 2004
Table of Provisions
CHAPTER 1--GENERAL
PART 1.1--PRELIMINARY
- 1 Name of Act
- 3 Dictionary
- 4 Notes
- 5 Offences against Act—application of Criminal Code etc
- 6 Meaning of parent
PART 1.2--GENERAL PRINCIPLES AND OBJECTS
CHAPTER 1A--EARLY CHILDHOOD EDUCATION
- 8A Eligible children may attend government-funded preschool programs
- 8B Procedures to encourage attendance at preschool programs delivered by government
CHAPTER 2--COMPULSORY EDUCATION
PART 2.1--PRELIMINARY--CH 2
- 9 Meaning of compulsory education age
- 9A Meaning of education course and education
- 9B Meaning of completes year 10—Act
- 9C Meaning of completes year 12—Act
- 9D Guidelines—certain director-general functions
PART 2.2--COMPULSORY EDUCATION REQUIREMENTS
Division 2.2.1--Enrolment, registration and attendance requirements
- 10 Child of compulsory education age—enrolment and registration
- 10A Child of compulsory education age—school attendance
- 10AA Student movement register
- 10AB Student movement register—procedures
Division 2.2.2--Participation requirement
- 10B Meaning of participates in education course—div 2.2.2
- 10C Meaning of full-time participation in education
- 10D Child of compulsory education age—participation requirement
- 11 Participation requirement—absence
- 11A Participation requirement—suspension
- 11B Participation requirement—exclusion
Division 2.2.3--Information requirement
- 11C Giving information notice
- 11D Contents of information notice
- 11E Extension of time for compliance with information notice
- 11F Revocation of information notice on compliance
PART 2.3--EXEMPTION CERTIFICATES
- 11G Meaning of full-time participation requirement—pt 2.3
- 11H Exemption certificate—application
- 12 Exemption certificate—requirement for further information
- 12A Exemption certificate—issue
- 12B Exemption certificate—form
- 12C Exemption certificate—conditions
- 12D Exemption certificate—duration
- 13 Exemption certificate—revocation
PART 2.4--AFTER YEAR 10--TRAINING AND EMPLOYMENT ALTERNATIVES
Division 2.4.1--Definitions—pt 2.4
- 13A Meaning of training alternative and training alternative
- 13B Meaning of employment alternative—Act
- 13C Meaning of full-time participation in training or employment alternative—pt
Division 2.4.2--Approval to participate in training and employment alternatives
- 13D Approval statement—application
- 14 Approval statement—requirement for further information
- 14A Approval statement—issue
- 14B Approval statement—form
- 14C Approval statement—conditions
- 14D Approval statement—compliance requirement
- 15 Approval statement—duration
- 15A Approval statement—revocation
- 15B Return to education while approval statement in force
Division 2.4.3--Training and employment alternatives—deemed participation
- 15C Training and employment alternatives—absence
- 15D Training alternative—suspension
- 16 Training alternative—exclusion
- 16A Employment alternative—termination
PART 2.5--COMPLIANCE NOTICES
- 16B Giving compliance notice
- 16C Contents of compliance notice
- 16D Extension of time for compliance with compliance notice
- 17 Revocation of compliance notice on compliance
PART 2.6--OFFENCES--PARENTS
- 17A Contravention of information and compliance notices
CHAPTER 2A--SUSPENSION, TRANSFER, EXPULSION AND EXCLUSION OF STUDENTS
PART 2A--.1 SUSPENSION, TRANSFER, EXPULSION AND EXCLUSION--GENERALLY
- 17B Meaning of unsafe or noncompliant behaviour—ch 2A
- 17C Definitions—ch 2A
- 17D Exhausting all reasonable alternatives
- 17E Communicating with students and parents
- 17F Notification not required in certain circumstances
PART 2A--.2 SUSPENSION
- 17G Suspension to ensure safe and effective learning environment
- 17H Suspension
- 17I Suspension—notice
- 17J Suspension—length
- 17K Suspension—government and Catholic system schools—principal's
- 17L Suspension—involving student and parents
- 17M Suspension—student's education and counselling
- 17N Suspension—review of student's circumstances
- 17O Suspension—government and Catholic system schools—delegation
PART 2A--.3 TRANSFERS BETWEEN GOVERNMENT SCHOOLS
- 17P Transfer
- 17Q Transfer—notice
- 17R Transfer—principal's recommendation
- 17S Transfer—involving student and parents
- 17T Transfer—counselling
PART 2A--.4 EXPULSION FROM CATHOLIC SYSTEM SCHOOLS AND INDEPENDENT SCHOOLS
- 17U Expulsion
- 17V Expulsion—notice
- 17W Expulsion—Catholic system schools—principal's recommendation
- 17X Expulsion—involving student and parents
- 17Y Expulsion—counselling
PART 2A--.5 EXCLUDING A STUDENT FROM A SYSTEM OF SCHOOLS
Division 2A--.5.1 Exclusion—government schools
- 17Z Application—div 2A.5.1
- 17ZA Exclusion—government schools
- 17ZB Exclusion—government schools—notice
- 17ZC Exclusion—government schools—principal's recommendation
- 17ZD Exclusion—government schools—involving student and parents
- 17ZE Exclusion—government schools—ongoing education and counselling --Division 2A.5.2 Exclusion—Catholic system schools
- 17ZF Exclusion—Catholic system schools
- 17ZG Exclusion—Catholic system schools—notice
- 17ZH Exclusion—Catholic system schools—principal's recommendation
- 17ZI Exclusion—Catholic system schools—involving student and parents
- 17ZJ Exclusion—Catholic system schools—counselling
CHAPTER 3--GOVERNMENT SCHOOLS
PART 3.1--GENERAL
- 18 Principles on which ch 3 based
PART 3.2--ESTABLISHMENT AND OPERATION OF GOVERNMENT SCHOOLS
- 20 Establishing government schools etc
- 20A Independent committee
- 20B Impacts of closing or amalgamating government schools
- 21 Operation of government schools
- 22 Investigation of complaints—government schools
- 23 Review of government school system
- 24 Review of operation of government schools
- 25 Reporting to parents—government schools
- 26 Education to be free
- 27 Voluntary financial contributions
- 28 Secular education
- 29 Religious education
- 30 Curriculum
- 31 Approved educational courses for students at government schools
PART 3.3--ATTENDANCE AT GOVERNMENT SCHOOLS
- 32 Keeping of register of enrolments and attendances for government
- 33 Keeping records of enrolment and attendances for government schools
- 34 Inspection of register of enrolment and attendances for government
- 35 Procedures to encourage school attendance at government schools
PART 3.4--SCHOOL BOARDS OF GOVERNMENT SCHOOLS
Division 3.4.1--Interpretation
- 37 Definitions for pt 3.4
Division 3.4.2--Establishment and membership
- 38 Establishment of school boards
- 39 Functions of school boards etc
- 40 Declaration of parents and citizens associations in certain
- 41 Composition of school boards generally
- 42 Composition of school boards of small schools
- 43 Composition of school boards of school-related institutions and other schools in special
- 44 Ending of appointment of members of school board
- 45 Chairperson and deputy chairperson of school boards
- 46 School boards to take part in selection of school principals
Division 3.4.3--Proceedings of school boards
- 47 Time and place of meetings of school boards
- 48 Procedures governing proceedings of school boards
- 49 Disclosure of interests by members of school boards
- 49A Protection of members of school boards
Division 3.4.4--Financial matters
- 50 School boards to approve budgets
- 51 Application of money of school
- 52 School boards to approve financial statement and report
- 53 School boards to make available summaries of budget and annual report
PART 3.6--OTHER PROVISIONS
Division 3.6.1--Authorised persons (government)
- 67 Appointment of authorised persons (government)
- 68 Identity cards for authorised persons (government)
Division 3.6.2--Inspection powers for government schools
- 69 Power not to be exercised before identity card shown etc
- 70 Entry to government schools
- 71 Powers on entry
CHAPTER 4--NON-GOVERNMENT SCHOOLS
PART 4.1--NON-GOVERNMENT SCHOOLS--PRINCIPLES
- 72 Principles—ch 4
PART 4.2--NON-GOVERNMENT SCHOOLS--ADMINISTRATION
Division 4.2.1--Registrar of non-government schools
Division 4.2.2--Registration standards advisory board
- 75 Registration standards advisory board—establishment
- 76 Registration standards advisory board—functions
- 77 Registration standards advisory board—advice to Minister
- 78 Registration standards advisory board—membership
- 79 Registration standards advisory board—term of appointment
- 80 Registration standards advisory board—ending appointment
- 81 Registration standards advisory board—facilities etc
- 82 Registration standards advisory board—conduct of meetings
- 83 Registration standards advisory board—disclosure of interests
PART 4.3--NON-GOVERNMENT SCHOOLS--REGISTRATION
Division 4.3.1--Non-government schools registration standards
Division 4.3.2--In-principle approval for registration
- 86 In-principle approval—application
- 87 In-principle approval—further information
- 88 In-principle approval—decision on application
Division 4.3.3--Registration
- 89 Registration—application
- 90 Registration—further information
- 91 Registration—referral to registration standards advisory board
- 92 Registration—decision on application
- 93 Registration—conditions
- 94 Registration—duration
- 95 Registration—register and registration certificate
Division 4.3.4--Amending registration
- 96 Proprietor must tell registrar about notifiable changes
- 97 Proprietor must apply for registrable changes
- 98 Registration amendment—application
- 99 Registration amendment—further information
- 100 Registration amendment—referral to registration standards advisory
- 101 Registration amendment—decision on application
- 102 Registration amendment—conditions
- 103 Urgent temporary change
Division 4.3.5--Registration offences
- 104 Offence—operate unregistered non-government school
- 105 Offence—operate registered school other than within scope of registration
Division 4.3.6--Register of non-government schools
PART 4.4--NON-GOVERNMENT SCHOOLS--REGISTRATION REVIEWS
Division 4.4.1--Reasons to carry out registration review
- 108 Meaning of registration review—ch 4
- 109 Annual registration review program
- 110 Registration review after concern raised
- 111 Registrar to report concerns to registration standards advisory board
Division 4.4.2--Reasons to not carry out registration review
- 112 Concern raised is frivolous etc
- 113 Concern withdrawn
- 114 Referral to school
- 115 Referral to another entity
Division 4.4.3--Carrying out registration review
- 116 Registration review procedure
- 117 Registration review guidelines
- 118 Request for further information or verification
- 119 Registrar's action on completing registration review
Division 4.4.4--Compliance directions
- 120 Compliance directions
Division 4.4.5--Regulatory action
- 121 Meaning of regulatory action—ch 4
- 122 Grounds for taking regulatory action
- 123 Registrar—referral to registration standards advisory board
- 124 Notification of proposed regulatory action
- 125 Minister—referral to registration standards advisory board
- 125A Taking regulatory action
- 125B When cancellation takes effect
- 125C Not taking regulatory action
PART 4.5--NON-GOVERNMENT SCHOOLS--APPROVED EDUCATIONAL COURSES AND REGISTERS OF ENROLMENTS AND ATTENDANCES
- 125D Approved educational courses—registered schools
- 125E Meaning of register of enrolments and
- 125F Keeping register of enrolments and attendances—registered
- 125G Producing registers of enrolments and attendances—registered
- 125H Keeping registers of enrolments and attendances—approved educational courses
- 125I Producing registers of enrolments and attendances—approved educational courses
- 125J Nonattendance at registered schools
PART 4.6--NON-GOVERNMENT SCHOOLS--AUTHORISED PEOPLE
Division 4.6.1--Preliminary
- 125K Definitions—pt 4.6
Division 4.6.2--Authorised people (non-government)—generally
- 125L Meaning of authorised person (non-government)
- 125M Appointment
- 125N Authorised people (non-government)—functions
- 125O Identity cards
- 125P Authorised person (non-government) must show identity card on exercising power of --Division 4.6.3 Powers
- 125Q Entry to premises
- 125R Production of identity card
- 125S Consent to entry
- 125T General powers on entry to premises
- 125U Power to obtain information
- 125V Abrogation of privilege against self-incrimination
- 125W Warning to be given
CHAPTER 4A--SCHOOL EDUCATION ADVISORY COMMITTEE
- 126 Establishment of advisory committee
- 127 Appointment of chair and members
- 127A Reimbursement of member's expenses
- 127B Advisory committee—terms of reference and procedures
CHAPTER 5--HOME EDUCATION
PART 5.1--GENERAL
PART 5.2--REGISTRATION--HOME EDUCATION
- 131 Registration for home education
- 132 Conditions of registration for home education
- 133 Registration of child
- 134 Period of registration
- 135 Cancellation of registration for home education
- 136 Certificate of registration for home education
- 137 Renewal of registration for home education
- 138 Home education reports
- 139 Home education register
CHAPTER 6--MISCELLANEOUS
PART 6.1--NOTIFICATION AND REVIEW OF DECISIONS
- 140 Definitions—pt 6.1
- 141 Internal review notices
- 142 Applications for internal review
- 143 Applications not stay reviewable decisions
- 144 Internal review
- 145 Reviewable decision notices
- 145A Applications to ACAT
PART 6.1A--INFORMATION SHARING
- 145B Meaning of young person—pt 6.1A
- 145C Director-general may give certain information to other States
- 145D Director-general may ask for certain information from other States
- 145E Consent not required in certain circumstances