New South Wales Consolidated Acts

EDUCATION ACT 1990

- As at 18 June 2009
- 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 School Certificate 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 Board
   16.     Additional courses of study and other activities
   17.     Additional curriculum requirements for government schools
   18.     Basic skills testing
   18A.    Publication of results of certain tests and other matters

   PART 4 - THE MINISTER’S FUNCTIONS

   19.     General functions of Minister
   20.     Assistance to government school children with special needs
   21.     Financial and other assistance in respect of non-government school children
   21A.    Financial assistance not to be paid to non-government schools operating for profit

   PART 5 - ATTENDANCE OF CHILDREN AT SCHOOL

   22.     Compulsory schooling
   23.     Offence to fail 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 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
   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
   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 - REGISTRATION OF NON-GOVERNMENT SCHOOLS AND OF CHILDREN FOR HOME SCHOOLING

           Division 1 - Application

   37.     Application of Part

           Division 2 - 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.     Board to advise Minister on systems of schools

           Division 3 - 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 Board 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

           Division 4 - Continuing registration

   54.     Inspection of schools
   54A.    Renewal of registration
   55.     Board 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.    Board to be notified of certain matters

           Division 5 - 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

           Division 6 - Registration for home schooling

   70.     Definitions of “authorised person” and “home schooling”
   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

           Division 7 - Conscientious objections to registration

   75.     Notice to the Minister of conscientious objection
   76.     Consideration by Board 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

   PART 8 - CERTIFICATES OF STUDY

           Division 1 - Accreditation of non-government schools

   84.     Accreditation of existing registered non-government schools
   85.     Applications for accreditation of registered non-government schools
   86.     Accreditation by Board
   87.     Duration of accreditation
   87A.    Reduction of period of accreditation
   88.     Decision of Board 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 - Certificates

   94.     School Certificate
   95.     Higher School Certificate
   95A.    Award of School Certificate or Higher School Certificate to students following special course of study
   96.     Certificate candidates affected by illness etc
   97.     Reconsideration of decisions
   98.     Record of achievement

   PART 9 - THE BOARD OF STUDIES

   99.     The Board of Studies
   100.    Constitution of the Board
   101.    President of the Board
   101A.   Acting President of Board
   102.    Functions of the Board
   103.    Committees of Board
   104.    Board inspectors
   105.    (Repealed)
   106.    Annual report of Board to Parliament

   PART 10 - REVIEW OF DECISIONS BY TRIBUNAL

   107.    Applications for reviews of certain decisions
   108.    Determination of application by the Tribunal
   109.    Failure of Board 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 the Minister, the Board or the Director-General
   120.    Liability of members of Board etc
   121.    Entry to premises of registered school
   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.    Rules of Board
   132.    (Repealed)
   133.    Repeal of Education and Public Instruction Act 1987 etc
   134.    Savings, transitional and other provisions
           SCHEDULE 1
           SCHEDULE 1A
           Schedule 2 (Repealed)
           SCHEDULE 3