EDUCATION ACT 2004
EDUCATION ACT 2004
TABLE OF PROVISIONS
Long Title
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
7. General principles of Act
8. Main objects of Act
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
73. Registrar—appointment
74. Registrar—functions
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
84. Non-government schools registration standards
85. Registration standards guidelines
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
106. Register of registered non-government schools
107. Proprietor must update details
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
127C. Definitions—ch 5
128. Principles on which ch 5 based
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
PART 6.2--OTHER PROVISIONS
147. Offences on school premises
148. Obligations on parents
149. Notification of parents
150. Minister may grant scholarships etc
151. Gifts and donations
152. Education trust fund
153A. Evidence—certificate signed by principal etc
154. Approved forms
155. Regulation-making power
SCHEDULE 1
DICTIONARY
ENDNOTES