Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• ACAT
• ACT
• appoint
• chief executive (see s 161)
• child
• contravene
• daily newspaper
• exercise
• fail
• financial year
• function
• reviewable decision notice
• State.
"appointed member"—
(a) for the school board of a government school, other than a small school, a school-related institution or another school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 41 (Composition of school boards generally); or
(b) for the school board of a small school, other than a school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 42 (Composition of school boards of small schools); or
(c) for the Government Schools Education Council—see section 56 (Membership of council (government)).
"approved educational course" means an approved educational course (government) or approved educational course (non-government).
"approved educational course (government)" means an educational course approved under section 31 (Approved educational courses for students at government schools).
"approved educational course (non-government)" means an educational course approved under section 81 (Approved educational courses for students at non-government schools).
"authorised person" means an authorised person (government) or authorised person (non-government).
"authorised person" (government) means a person who is an authorised person (government) under section 67 (Appointment of authorised persons (government)).
"authorised person" (non-government) means a person who is an authorised person (non-government) under section 119 (Appointment of authorised persons (non-government)).
"board appointed member"—
(a) for the school board of a government school, other than a small school, a school-related institution or another school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 41 (Composition of school boards generally); or
(b) for a school board of a small school, other than a school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 42 (Composition of school boards of small schools).
"carer"—see section 6.
"community member"—
(a) for part 3.5 (Government Schools Education Council)—see section 57 (Appointed members of council (government)); and
(b) for part 4.4 (Non-government Schools Education Council)—see section 109 (Members of council (government)).
"compulsory school age"—see section 9.
"corporal punishment" means physical force applied to punish or correct, and includes any action designed or likely to cause physical pain or discomfort taken to punish or correct.
"council"—
(a) for part 3.5—means the Government Schools Education Council; and
(b) for part 4.4—means the Non-Government Schools Education Council.
"council (government)", for part 3.5—means the Government Schools Education Council.
"council (non-government)", for part 4.4—means the Non-government Schools Education Council.
"educational course" means a course of teaching and learning directed toward acquiring a particular area of knowledge and skills.
"education member"—
(a) for part 3.5 (Government Schools Education Council)—see section 57 (Appointed members of council (government)); and
(b) for part 4.4 (Non-government Schools Education Council)—see section 109 (Members of council (government)).
exclusion—
(a) of a student from all government schools—means preventing the student from continuing to be enrolled or being re-enrolled at any government school; and
(b) of a student from all Catholic systemic schools—means preventing the student from continuing to be enrolled or being re-enrolled at any Catholic systemic school; and
(c) of a student from a non-government school—means preventing the student from continuing to be enrolled or being re-enrolled at the non-government school.
"exemption certificate" means a certificate issued under section 14 (Exemption certificates).
"government school" means—
(a) except for part 3.4 (School boards of government schools)—a school, preschool or school-related institution established under section 20 (Establishing government schools etc); and
(b) for part 3.4—a school or school-related institution established under section 20.
"half-year", for part 3.4 (School boards of government schools)—see section 37.
"home education"—see section 129.
"in-principle approval"—see section 83 (Applications for in-principle approval for proposed registration).
"internally reviewable decision", for part 6.1 (Notification and review of decisions)—see section 140.
"internal reviewer" for part 6.1 (Notification and review of decisions)—see section 140.
"internal review notice", for part 6.1 (Notification and review of decisions)—see section 140.
"money", for part 3.4 (School boards of government schools)—see section 37.
"non-government school" means a registered non-government school.
"parent"—see section 6.
"parents and citizens association", for part 3.4 (School boards of government schools)—see section 37.
"parents and citizens member"—
(a) for the school board of a government school, other than a small school, a school-related institution or another school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 41 (Composition of school boards generally); or
(b) for the school board of a small school, other than a school to which section 43 applies—see section 42 (Composition of school boards of small schools).
"prescribed period", for part 3.4 (School boards of government schools)—see section 37.
"proposed opening day"—see section 83 (3) (Applications for in-principle approval for proposed registration).
"registered non-government school" means a school that is registered or provisionally registered under part 4.2 (Registration—non-government schools).
"register of enrolments and attendances", in relation to a person, means the register of enrolments and attendances kept by the person under section 32 (Register of enrolments and attendances for government schools) or section 99 (Register of enrolments and attendances for non-government schools).
"register of non-government schools" means the register kept by the registrar under section 79.
registrar means the Registrar of Non-Government Schools.
"reviewable decision", for part 6.1 (Notification and review of decisions)—see section 140.
"school"—
(a) except for chapter 2, part 3.4, chapter 4 and part 6.2—means a school or school-related institution established under section 20 (Establishing government schools etc); and
(b) for chapter 2 (School enrolment and attendance) and part 6.2 (Other provisions)—means a government school or non-government school; and
(c) for part 3.4 (Schools boards of government schools)—see section 37; and
(d) for chapter 4 (Non-government schools)—see section 74.
"school board", of a government school, means the school board of the school established under part 3.4.
"school-leaving age" means 15 years old.
"school-related institution"—see section 20 (Establishing government schools etc).
"small school", for part 3.4 (School boards of government schools)—see section 37.
"staff", of a school, means the principal and teachers of, and other people employed at, the school.
"staff member"—
(a) for the school board of a government school, other than a small school, a school-related institution or another school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 41 (Composition of school boards generally); or
(b) for the school board of a small school, other than a school to which section 43 applies—see section 42 (Composition of school boards of small schools).
"student", for part 3.4 (School boards of government schools)—see section 37.
"student member", for the school board of a government school, other than a small school, a school-related institution or another school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 41.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
def = definition |
pres = present |
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dict = dictionary |
prev = previous |
|
disallowed = disallowed by the Legislative |
(prev...) = previously |
|
Assembly |
pt = part |
|
div = division |
r = rule/subrule |
|
exp = expires/expired |
renum = renumbered |
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Gaz = gazette |
reloc = relocated |
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hdg = heading |
R[X] = Republication No |
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IA = Interpretation Act 1967 |
RI = reissue |
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ins = inserted/added |
s = section/subsection |
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LA = Legislation Act 2001 |
sch = schedule |
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LR = legislation register |
sdiv = subdivision |
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sub = substituted |
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mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
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om = omitted/repealed |
or to be expired |
Education Act 2004 A2004-17
notified LR 8 April 2004
s
1, s 2 commenced 8 April 2004 (LA s 75
(1))
remainder commenced 1 January 2005 (s
2)
as amended by
Education Amendment Act 2006 A2006-28
notified LR 15 June 2006
s
1, s 2 commenced 15 June 2006 (LA s 75
(1))
remainder commenced 16 June 2006 (s
2)
Education Amendment Act 2006 (No 2) A2006-57
notified LR 19 December
2006
s 1, s 2 commenced 19 December 2006 (LA s 75
(1))
remainder commenced 20 December 2006 (s
2)
Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 3 pt 3.12, sch 4 pt 4.14
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 3 pt 3.12 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
sch 4 pt 4.14 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.33
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.33 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.25
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.25 commenced 22 September 2009 (s
2)
Commencement
s
2 om LA s 89 (4)
Meaning of parent and
carer
s 6 am A2008-20 amdt
3.26, amdt 4.37
General principles of
Act
s 7 am A2006-57 s 4, s 5, s
55
Main objects of
Act
s 8 am A2006-57 s 6, s
7
Compulsory
enrolment
s 10 am A2006-57 s
8
Employment of children under school-leaving
age
s 13 am A2008-20 amdt
4.38
Student transfer
register
s 17 am A2006-57 s
9
Principles on which ch 3
based
s 18 am A2006-57 s
55
Minister to seek
advice
s 19 reloc and renum as s
66
Establishing government schools
etc
s 20 am A2006-28 s
4
Reporting to parents—government
schools
s 25 am A2006-57 s
55
Voluntary financial
contributions
s 27 am A2006-57 s
55
Religious
education
s 29 am A2006-57 s
55
Curriculum
s
30 am A2006-57 s 55
Approved educational courses for students at
government schools
s 31 hdg am
A2006-57 s 55
s 31 am A2006-57 s
55
Keeping records of enrolment and attendances
for government schools
s 33 am
A2006-57 s 55
Inspection of register of enrolment and
attendances for government
schools
s 34 am A2006-57 s
55
Procedures to encourage school attendance at
government schools
s 35 am
A2006-57 s 55
Suspension, exclusion or transfer of student
by chief executive
s 36 hdg am
A2006-57 s 55
s 36 am A2006-57 s
55
Definitions for pt
3.4
s 37 def prescribed
period am A2006-57 s 11, s 12
Declaration of parents and citizens
associations in certain
circumstances
s 40 am A2006-57 s
13, s 14
Composition of school boards
generally
s 41 hdg sub A2006-57 s
15
s 41 am A2006-57 s
16
Composition of school boards of small
schools
s 42 hdg sub A2006-57 s
17
s 42 am A2006-57s
18
Composition of school boards of
school-related institutions and other schools in special
circumstances
s 43 hdg sub
A2006-57 s 19
s 43 am A2006-57 s
20
Procedures governing proceedings of school
boards
s 48 am A2006-57 s
21
Protection of members of school
boards
s 49A (prev s 72) reloc
and renum as s 49A A2006-57 s 26
Functions of council
(government)
s 55 am A2006-57 s
22
Other provisions relating to council
(government)
div 3.5.3 hdg ins
A2006-57 s 23
Minister to seek
advice
s 66 orig s 66 om A2006-57
s 24
(prev s 19) reloc and renum as
s 66 A2006-57 s 10
Minister to present advice of council
(government)
s 66A (prev s 73)
reloc and renum as s 66A A2006-57 s 27
Miscellaneous
div
3.6.3 hdg om A2006-57 s 25
Protection of members of school
boards
s 72 reloc and renum as s
49A
Minister to present advice of council
(government)
s 73 reloc and renum
as s 66A
Minister to seek
advice
s 76 reloc and renum as s
118
Register of non-government
schools
s 79 sub A2006-57 s
29
Approved educational courses for students at
non-government schools
s 81
hdg am A2006-57 s 55
s 81 am A2006-57
s 55
Schools to be
registered
s 82 am A2006-57 s 30,
s 55; ss renum R4 LA
Applications for in-principle approval for
proposed registration
s 83 am
A2006-57 s 31, s 32; pars renum R4 LA; A2009-20 amdt 3.63
Deciding in-principle
applications
s 84 am A2006-57 s
33, s 34; ss renum R4 LA
Application for provisional
registration
s 85 am A2009-20
amdt 3.63
Application for
registration
s 87 am A2009-20
amdt 3.63
Application for registration at additional
campus
s 88A ins A2006-57 s
35
am A2009-20 amdt
3.63
Registration at additional
campus
s 88B ins A2006-57 s
35
Application for registration at additional
educational levels
s 89 am
A2009-20 amdt 3.63
Certificate of provisional registration or
registration
s 92 am A2006-57 s
36
Inspection of panel reports for school
registration etc
s 98 am A2006-57
s 37; pars renum R4 LA
Keeping records of enrolment and attendances
for non-government schools
s
100 am A2006-57 s 55
Inspection of register of enrolment and
attendances for non-government
schools
s 101 am A2006-57 s
55
Procedures to encourage attendance at
non-government schools
s 102 am
A2006-57 s 55
Reporting to parents—non-government
schools
s 103 am A2006-57 s
55
Suspension, transfer or exclusion of
students—Catholic systemic
schools
s 104 hdg sub A2006-57 s
38
s 104 am A2006-57 s
55
Suspension or exclusion of
students—other non-government
schools
s 105 hdg am A2006-57 s
55
s 105 am A2006-57 s
55
Functions of council
(non-government)
s 107 am
A2006-57 s 39
Other provisions relating to council
(non-government)
div 4.4.3
hdg ins A2006-57 s 40
Minister to seek
advice
s 118 orig s 118 om
A2006-57 s 41
(prev s 76) reloc and
renum as s 118 A2006-57 s 28
Minister to present advice of council
(non-government)
s 118A (prev s
127) reloc and renum as s 118A A2006-57 s 44
Miscellaneous
div
4.5.3 hdg om A2006-57 s 42
Inspection of register of non-government
schools
s 126 om A2006-57 s
43
Minister to present advice of council
(non-government)
s 127 reloc and
renum as s 118A
Provisional registration for home
education
s 130 sub A2006-57 s
45
Registration for home
education
s 131 am A2006-57 s
46
Registration of
child
s 133 am A2006-57 s 47, s
48
Notification and review of
decisions
pt 6.1 hdg sub A2008-37
amdt 1.131
Definitions—pt
6.1
s 140 sub A2008-37 amdt
1.131
def decision-maker
ins A2008-37 amdt 1.131
def
internally reviewable decision ins A2008-37 amdt
1.131
def internal reviewer
ins A2008-37 amdt 1.131
def
internal review notice ins A2008-37 amdt
1.131
def reviewable decision
ins A2008-37 amdt 1.131
Internal review
notices
s 141 sub A2008-37 amdt
1.131
Applications for internal
review
s 142 sub A2008-37 amdt
1.131
Applications not stay reviewable
decisions
s 143 sub A2008-37 amdt
1.131
Internal
review
s 144 sub A2008-37 amdt
1.131
Reviewable decision
notices
s 145 sub A2008-37 amdt
1.131
Applications to
ACAT
s 145A ins A2008-37 amdt
1.131
Notification of
parents
s 149 am A2006-57 s
55
Notices of intention under former education
Act to conduct schools at additional educational
levels
s 153 exp 1 January
2015 (s 153 (5))
Transitional
provisions
ch 7 hdg exp 1 January
2006 (s 171)
Assets and liabilities of former
authority
pt 7.1 hdg exp 1
January 2006 (s 171)
Meaning of former
authority
s 156 exp 1 January
2006 (s 171)
Vesting of assets and liabilities of former
authority in Territory
s 157 exp
1 January 2006 (s 171)
Evidentiary certificate for vested assets
and liabilities
s 158 exp 1
January 2006 (s 171)
Registration of changes in title to certain
assets
s 159 exp 1 January 2006
(s 171)
Proceedings and evidence in relation to
vested assets and liabilities
s
160 exp 1 January 2006 (s 171)
General
savings
pt 7.2 hdg exp 1 January
2006 (s 171)
Interpretation
div
7.2.1 hdg exp 1 January 2006 (s 171)
Definitions for pt
7.3
s 161 exp 1 January 2006 (s
171)
Former authority
Act
div 7.2.2 hdg exp 1 January
2006 (s 171)
Existing schools
etc
s 162 exp 1 January 2006 (s
171)
Name of schools, institutions and
services
s 163 exp 1 January 2006
(s 171)
School
boards
s 164 exp 1 January 2006
(s 171)
Parents and citizens
associations
s 165 exp 1 January
2006 (s 171)
Members of school
boards
s 166 exp 1 January 2006
(s 171)
Former education
Act
div 7.2.3 hdg exp 1 January
2006 (s 171)
Exemption
certificates
s 167 exp 1 January
2006 (s 171)
Existing registered and provisionally
registered schools
s 168 exp 1
January 2006 (s 171)
Registers
s
169 exp 1 January 2006 (s 171)
Miscellaneous
pt
7.3 hdg exp 1 January 2006 (s 171)
Modification of ch 7's
operation
s 170 exp 1 January
2006 (s 171)
Expiry of ch
7
s 171 exp 1 January 2006 (s
171)
Declared law for Legislation Act, s
88
s 172 exp 1 January 2006 (s
171)
Repeals and consequential
amendments
ch 8 hdg om LA s 89
(3)
Acts
repealed
s 173 om LA s 89
(3)
Regulations
repealed
s 174 om LA s 89
(3)
Legislation amended—sch
2
s 175 om LA s 89
(3)
Reviewable
decisions
sch 1 sub A2008-37 amdt
1.132
Minister's
decisions
sch 1 pt 1.1 am
A2006-57 s 50; items renum R4 LA
om
A2008-37 amdt 1.132
Chief executive's
decisions
sch 1 pt 1.2 am
A2006-57 s 51, s 55
om A2008-37 amdt
1.132
Consequential
amendments
sch 2 om LA s 89
(3)
Dictionary
dict am
A2008-37 amdt 1.133, amdt 1.134; A2009-20 amdt
3.64
def appointed member
am A2006-57 s 52
def
approved educational course (government) am A2006-57 s
55
def approved educational
course (non-government) am A2006-57 s
55
def board appointed member
am A2006-57 s 52
def
exclusion am A2006-57 s
55
def internally reviewable
decision ins A2008-37 amdt
1.135
def internal reviewer
sub A2008-37 amdt 1.136
def
internal review notice ins A2008-37 amdt
1.137
def parents and citizens
member am A2006-57 s 52
def
proposed opening day am A2006-57 s
53
def reviewable decision
sub A2008-37 amdt 1.138
def
staff member am A2006-57 s
53
def student member
am A2006-57 s 53
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
1 Jan
2005– |
not amended |
new Act |
|
R2 |
2 Jan
2006– |
not amended |
commenced expiry |
|
R3 |
16 June
2006– |
A2006-28 |
amendments by A2006-28 |
|
R4 |
20 Dec
2006– |
A2006-57 |
amendments by A2006-57 |
|
R5 |
27 Oct
2008– |
A2008-37 |
amendments by A2008-20 |
|
R6 |
2 Feb
2009– |
A2008-37 |
amendments by A2008-37 |
|
R7 |
27 Feb
2009– |
A2008-37 |
amendments by A2008-20 |
© Australian Capital Territory
2009