New South Wales Consolidated Acts

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EDUCATION ACT 1990

- As at 1 July 2017
- Act 8 of 1990

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - OBJECTS OF ACT

   4.      Principles on which this Act is based
   5.      Principal objects of this Act
   6.      Objects for administration of this Act or of education

   PART 3 - THE SCHOOL CURRICULUM

           Division 1 - Primary education

   7.      Key learning areas for primary education
   8.      Minimum curriculum for primary education

           Division 2 - Secondary education

   9.      Key learning areas for secondary education (Years 7 to 10)
   10.     Minimum curriculum for secondary education (Years 7 to 10)
   11.     Curriculum for Record of School Achievement candidates
   12.     Curriculum for Higher School Certificate candidates

           Division 3 - General

   13.     Courses of study in key learning areas
   14.     Syllabuses
   15.     Disagreement between Minister and Authority
   16.     Additional courses of study and other activities
   17.     Additional curriculum requirements for government schools
   18.     Basic skills testing
   18A.    Publication of school results

   PART 4 - FUNCTIONS OF THE MINISTER AND THE AUTHORITY

   19.     General functions of the Minister
   20.     Assistance to government school children with special needs
   20A.    Functions of the Authority under this Act
   21.     (Renumbered)
   21A.    (Repealed)

   PART 5 - ATTENDANCE OF CHILDREN AT SCHOOL

   21B.    Compulsory school-age
   22.     Compulsory schooling-duty of parents
   22A.    Obtaining information about children of compulsory school-age
   22B.    Compulsory schooling undertakings by parents
   22C.    Conference of relevant parties to deal with unsatisfactory school attendance
   22D.    Compulsory schooling orders
   23.     Offence if parent fails to send child to school
   24.     Register of enrolments and attendances
   25.     Certificate of exemption from attending school
   26.     Certificate of exemption from attending particular classes

   PART 5A - HEALTH AND SAFETY RISKS AT SCHOOLS ARISING FROM STUDENT BEHAVIOUR

           Division 1 - Preliminary

   26A.    Definitions

           Division 2 - Obtaining information about students

   26B.    Purpose of obtaining information about students
   26C.    Relevant agencies from which information may be obtained about students
   26D.    Obtaining information about particular students
   26E.    Consultation during assessment of risk and development of strategies
   26F.    No offence or liability for disclosure of information

           Division 3 - Directions about enrolment at government schools

   26G.    Operation of Division
   26H.    Directions about enrolment
   26I.    Representations by student, parents and others
   26J.    Notice of direction
   26K.    Variation and revocation of direction

           Division 4 - Guidelines

   26L.    Issue of guidelines
   26M.    Compliance with guidelines

   PART 6 - GOVERNMENT SCHOOLS

   27.     Establishment of government schools
   27A.    Functions of Authority in relation to government schools
   28.     Closure of government schools
   29.     Kinds of government schools
   30.     Secular instruction
   31.     Instruction to be free
   31A.    Overseas students
   32.     Special religious education
   33.     Objection to religious education
   33A.    Special education in ethics as secular alternative to special religious education
   34.     Admission to government schools
   34A.    Principals can require proof of eligibility to attend or entitlement to be enrolled at government schools
   35.     Discipline in government schools
   36.     School councils

   PART 7 - NON-GOVERNMENT SCHOOLS AND HOME SCHOOLING

           Division 1 - Application

   37.     Application of Part

           Division 2 - Registration

              Subdivision 1 - Formation of systems of non-government schools

   38.     Registration as an individual school or as a member of a system
   39.     Non-government schools may form a system
   40.     Approved authority for system of non-government schools
   41.     Applications for approval of system of non-government schools
   42.     Approval of system of non-government schools
   43.     Inclusion of new schools in a system of non-government schools
   44.     Withdrawal of non-government school from system
   45.     Withdrawal of approval of system of non-government schools
   46.     Authority to advise Minister on systems of schools

              Subdivision 2 - Registration of non-government schools

   47.     Registration requirements for non-government schools
   47A.    Effect of section 47 on certain contracts
   48.     Existing non-government schools
   49.     Application for initial registration of a new non-government school or a school joining a system
   50.     Consideration by Authority of application for initial registration of new non-government schools etc
   51.     Determination by Minister of applications for initial registration of new non-government schools etc
   52.     Initial registration provisional for a maximum period of 12 months
   53.     Classes of registration
   53A.    Conditions of registration

              Subdivision 3 - Continuing registration

   54.     (Repealed)
   54A.    Renewal of registration
   55.     Authority to make recommendation about renewal of registration
   56.     Renewal of registration by Minister
   57.     Duration of renewal of registration
   57A.    Reduction of period of initial registration or renewal of registration
   58.     Common registration cycles for schools in a system
   59.     Cancellation of registration
   60.     Notice to be given of relocation of school
   61.     Cancellation of registration of relocated schools
   62.     Sale of schools
   63.     Changes in circumstances of operation of schools
   63A.    Authority to be notified of certain matters

              Subdivision 4 - General

   64.     Registration etc of part of non-government school
   65.     Conducting unregistered schools
   66.     Certificate of registration to be displayed
   67.     Proposal to offer education of a different kind
   68.     Proposal to re-establish school
   69.     Returns by schools

              Subdivision 5 - Registration for home schooling

   70.     Definition of “authorised person”
   71.     Application for registration for home schooling
   72.     Registration for home schooling
   73.     Conditions and duration of registration for home schooling
   74.     Cancellation of registration for home schooling

              Subdivision 6 - Conscientious objections to registration

   75.     Notice to the Minister of conscientious objection
   76.     Consideration by Authority of notice of conscientious objection
   77.     Acceptance or rejection of conscientious objection
   78.     Certificate of exemption
   79.     Notice of decision to refuse to accept objection
   80.     Exempted school to be regarded as registered
   81.     Child to be regarded as registered for home schooling
   82.     Cancellation of exemption
   83.     Current certificate of exemption to be displayed

           Division 3 - Financial assistance to non-government schools

   83A.    Definitions
   83B.    Financial and other assistance in respect of non-government school children
   83BA.   Debt recovery arrangements relating to Commonwealth funding for schools
   83C.    Financial assistance not to be provided to schools that operate for profit
   83D.    Declaration that school operating for profit
   83E.    Financial assistance to schools may be suspended, reduced or made subject to conditions
   83F.    Declaration that school non-compliant
   83G.    Notice of recommendation of Advisory Committee relating to for profit or non-compliance declarations and administrative review by Tribunal
   83H.    Investigations in relation to schools
   83I.    Directions to schools and proprietors
   83J.    Recovery of amounts from schools
   83K.    Non-Government Schools Not-for-profit Advisory Committee
   83L.    Not-for-profit guidelines

   PART 7A - APPROVAL TO PROVIDE COURSES TO OVERSEAS STUDENTS
   Note

   83M.    Interpretation
   83N.    Authority responsible for approving providers
   83O.    Approval to provide courses to overseas students
   83P.    Amendment, suspension or cancellation of approval
   83Q.    Requirements relating to approval decisions of Authority
   83R.    Offences relating to advertising of courses for overseas students
   83S.    Information may be given to other bodies

   PART 8 - AWARDS OF STUDY

           Division 1 - Accreditation of non-government schools

   84.     (Repealed)
   85.     Applications for accreditation of registered non-government schools
   86.     Accreditation by Authority
   87.     Duration of accreditation
   87A.    Reduction of period of accreditation
   88.     Decision of Authority not to accredit school
   89.     Minister may accredit school
   90.     Renewal of accreditation
   91.     Cancellation of accreditation
   92.     Quality of educational program to be assessed
   93.     Conducting school that is not accredited

           Division 2 - Awards

   94.     Record of School Achievement
   95.     Higher School Certificate
   95A.    Award of Record of School Achievement or Higher School Certificate to students following special course of study
   96.     Certificate candidates affected by illness etc
   97.     Reconsideration of decisions
   98.     Recording student results and activities and provision of transcript of study

   PART 9 - (Repealed)

   PART 10 - ADMINISTRATIVE REVIEW OF DECISIONS BY TRIBUNAL

   107.    Applications for administrative reviews of certain decisions
   108.    Determination of application by Tribunal
   109.    Failure of Authority to make a recommendation or decision
           110-113. (Repealed)

   PART 11 - PARENTS AND CITIZENS AND KINDRED ASSOCIATIONS

   114.    Definition of “parents and citizens association”
   115.    Constitution of associations and district councils
   116.    Objects and functions
   117.    Rules of associations and district councils

   PART 12 - MISCELLANEOUS

   118.    Register of non-government schools etc to be available for inspection
   119.    Delegation by Minister or Secretary
           120, 121. (Repealed)
   122.    Attendance officers
   123.    Evidence
   124.    Proceedings for offences
   124A.   Continuing offences
   125.    Acquisition and disposal of land
   126.    (Repealed)
   127.    Part 2 not to give rise to cause of action etc
   128.    Scholarships attached to schools
   129.    Schools with no principal
   130.    Regulations
           131, 132. (Repealed)
   133.    Repeal of Education and Public Instruction Act 1987 etc
   134.    Savings, transitional and other provisions
   135.    Review of Act
           Schedule 2 (Repealed)
           SCHEDULE 3


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