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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Education Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Education Act 1990 No 8 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2007-098-16.d18
New South Wales
Education Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Education Act 1990 with respect to overseas students and
admission to government schools; and for other purposes.
Clause 1 Education Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Education Amendment Act 2008. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act, except as 5
provided by subsection (2). 6
(2) Schedule 1 [3] commences on the date of assent to this Act or on the 7
commencement of section 26C of the Education Act 1990 (as inserted 8
by Schedule 1 [5] to the Education Legislation Amendment Act 2006), 9
whichever is the later. 10
3 Amendment of Education Act 1990 No 8 11
The Education Act 1990 is amended as set out in Schedule 1. 12
4 Repeal of Act 13
(1) This Act is repealed on the day following the day on which all of the 14
provisions of this Act have commenced. 15
(2) The repeal of this Act does not, because of the operation of section 30 16
of the Interpretation Act 1987, affect any amendment made by this Act. 17
Page 2
Education Amendment Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
overseas student means a student who holds a visa under the 5
Migration Act 1958 of the Commonwealth that enables the 6
student to study in New South Wales, but does not include the 7
holder of a permanent visa or special category visa within the 8
meaning of that Act. 9
[2] Section 25 Certificate of exemption from attending school 10
Insert after section 25 (2): 11
(2A) A certificate of exemption under this section may be limited to 12
exemption from the requirement to attend a school during the 13
times specified or referred to in the certificate. 14
[3] Section 26C Relevant agencies from which information may be obtained 15
about students (as inserted by the Education Legislation Amendment 16
Act 2006) 17
Insert after section 26C (1) (h): 18
(h1) the Department of Corrective Services, 19
[4] Section 28 Closure of government schools 20
Omit "a senior member of the Department" from section 28 (5) (e). 21
Insert instead "a senior member of staff of the Department of Education and 22
Training". 23
[5] Section 31 Instruction to be free 24
Insert at the end of the section: 25
(2) This section does not apply in relation to overseas students. 26
Page 3
Education Amendment Bill 2008
Schedule 1 Amendments
[6] Section 31A 1
Insert after section 31: 2
31A Overseas students 3
(1) The Director-General may, by order published in the Gazette, fix 4
the fees to be paid by overseas students, or classes of overseas 5
students, at government schools. 6
(2) The Director-General is to cause an order under this section to be 7
placed on the Department's website. 8
(3) The Director-General may exempt an overseas student, or class 9
of overseas students, from the requirement to pay a fee in 10
accordance with this section, or refund all or any part of such a 11
fee, in such circumstances as the Director-General considers 12
appropriate. 13
(4) An overseas student is not entitled to receive instruction, or to 14
participate in school activities, at a government school, unless 15
any fee payable by the student under this section has been paid. 16
(5) The Director-General may terminate the enrolment of an 17
overseas student at a government school if a fee that is required 18
to be paid under this section in relation to the overseas student has 19
not been paid. 20
(6) Any fee that is due but not paid under this section may be 21
recovered by the Director-General as a debt in a court of 22
competent jurisdiction. 23
[7] Section 34 Admission to government schools 24
Insert after section 34 (5): 25
(6) The following matters may (without limitation) be taken into 26
consideration in determining whether a particular government 27
school can accommodate a child: 28
(a) the child's age and sex, 29
(b) the kind of school established under section 29, 30
(c) the financial and other resources provided to the school, 31
(d) the existing number of classrooms and other facilities at 32
the school. 33
(7) Nothing in this Part prevents the principal of a government 34
school from accepting an application for the enrolment of an 35
adult at that school for the purposes of receiving instruction. 36
Page 4
Education Amendment Bill 2008
Amendments Schedule 1
[8] Section 34A 1
Insert after section 34: 2
34A Principals can require proof of eligibility to attend or entitlement to 3
be enrolled at government schools 4
(1) The principal of a government school may, for the purpose of 5
establishing a child's eligibility to attend or entitlement to be 6
enrolled at the school, require a person seeking to enrol the child 7
at the school to provide proof, to the satisfaction of the principal, 8
of the child's identity, date of birth and home address. 9
(2) The requirement may include a requirement to produce any 10
document or to provide a statutory declaration, or both. 11
(3) The child is not entitled to be enrolled at the school unless and 12
until the requirement is complied with (unless the requirement 13
cannot reasonably be complied with in the circumstances). 14
(4) The Director-General may terminate the enrolment of a child at a 15
government school who is not entitled to be enrolled at the school 16
if the child was enrolled as a result of false information or a false 17
document provided to the principal. 18
[9] Section 115 Constitution of associations and district councils 19
Omit section 115 (2). Insert instead: 20
(2) The Minister may establish a district council for a specified area 21
by order published in the Gazette. 22
(3) Any such district council is to be constituted in accordance with 23
the regulations. 24
[10] Schedule 3 Savings, transitional and other provisions 25
Insert at the end of clause 2 (1): 26
Education Amendment Act 2008 27
[11] Schedule 3, Part 8 28
Insert after Part 7: 29
Part 8 Provisions consequent on enactment of 30
Education Amendment Act 2008 31
15 Payments by overseas students 32
The imposition by the Director-General of any fee or other 33
charge that has been paid for or in relation to instruction provided 34
Page 5
Education Amendment Bill 2008
Schedule 1 Amendments
in a government school to an overseas student before the 1
commencement of section 31A (as inserted by the Education 2
Amendment Act 2008) is taken to have been lawfully imposed for 3
all purposes. 4
16 District councils 5
A district council for an area established and in existence 6
immediately before the amendment of section 115 of this Act by 7
the Education Amendment Act 2008 is taken to be a district 8
council for that area established in accordance with section 115 9
as amended by that Act. 10
Page 6
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