• Specific Year
    Any

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