EDUCATION ACT 1990 - SCHEDULE 3

EDUCATION ACT 1990 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

(Section 134)

Part 1 - Preliminary

1 Definition

In this Schedule--


"former Act" means the Education and Public Instruction Act 1987 .

2 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--

Education Reform Act 1990

Education Reform Amendment (School Discipline) Act 1995

Education Reform Amendment Act 1997

Education Reform Amendment (Board Inspectors) Act 1997

Education Amendment (Special Courses of Study) Act 1999

Education Amendment (Non-Government Schools Registration) Act 2004

Education Amendment (Financial Assistance to Non-Government Schools) Act 2006

Education Legislation Amendment Act 2006

Education Amendment Act 2008

Education Amendment Act 2009

Education Amendment (Publication of School Results) Act 2009

Education Amendment (School Attendance) Act 2009

Education Amendment (Record of School Achievement) Act 2012

any other Act that amends this Act

(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or

(b) to impose a liability on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.

Part 2 - Provisions consequent on enactment of this Act

3 Dissolution of Board of Secondary Education

(1) The Board of Secondary Education constituted under the former Act is dissolved.

(2) A person who, immediately before the dissolution of that Board, held office as a member of that Board--

(a) ceases to hold that office, and

(b) is not entitled to any remuneration or compensation because of the loss of that office, and

(c) is eligible (if otherwise qualified) to be appointed as a member of the Board of Studies constituted under this Act.

(3) The assets, rights, liabilities and obligations of the Board of Secondary Education become, on its dissolution, the assets, rights, liabilities and obligations of the Board of Studies constituted under this Act.

4 Associations and councils

(1) A parents and citizens association or kindred association established (or deemed to be established) under the former Act, or a district council so established, that was in existence immediately before the repeal of the former Act, is to be taken to be a parents and citizens association or kindred association, or a district council, constituted under this Act.

(2) Rules made by any such association or council and in force immediately before the repeal of the former Act continue in force and are to be taken to have been made under this Act.

5 Construction of superseded references

In any other Act, in any instrument made under any Act or in a document of any kind--

(a) a reference to a public school or State school is to be read as a reference to a government school under this Act, and

(b) a reference to a certified school under the Public Instruction (Amendment) Act 1916 or a school registered under the Bursary Endowment Act 1912 or a school registered under the former Act is to be read as a reference to a registered non-government school under this Act, and

(c) a reference to the Secondary Schools Board or the Board of Senior School Studies or the Board of Secondary Education is to be read as a reference to the Board of Studies under this Act, and

(d) a reference to the school leaving age is to be read as a reference to the age of 15 years.

6 Continuation of existing exemptions from attendance at school

A certificate of exemption under section 6 of the former Act and in force on the repeal of that Act is to be taken to be a certificate of exemption under section 25 of this Act.

7 Vesting of land in Minister

The repeal of section 45A of the Education and Public Instruction Act 1987 does not affect the vesting of land under that section.

Part 3 - Provisions consequent on enactment of Education Reform Amendment (School Discipline) Act 1995

8 Application of amended registration requirements

The amendment made to section 47 of this Act by the Education Reform Amendment (School Discipline) Act 1995 extends to any school registered before the commencement of that amendment.

Part 4 - Provisions consequent on enactment of Education Reform Amendment Act 1997

9 Regulations relating to basic skills testing

Regulations made under section 18 and in force immediately before its amendment by the Education Reform Amendment Act 1997 are taken to have been made under section 18A.

10 Existing members of Board

(1) The amendment made by Schedule 2 [6[#93] to the Education Reform Amendment Act 1997 does not affect the term of office being served by a person holding office as a member of the Board immediately before the commencement of that amendment.

(2) A person holding office as President immediately before the commencement of this clause is taken to have been appointed under section 101 as President on a full-time basis for the balance of the term for which he or she was originally appointed as President.

Part 5 - Provisions consequent on enactment of Education Amendment (Special Courses of Study) Act 1999

11 School Certificates

(1) A document issued by the Board as a School Certificate before the commencement of this clause is taken to be a School Certificate validly granted at the time of issue and to be valid on and from the time of issue if the Board was satisfied at the time of issue as to the matters referred to in section 95A (1) (a), (b) and (c).

(2) Subclause (1) does not affect any School Certificate validly granted by the Board before the commencement of this clause.

Part 6 - Provisions consequent on enactment of Education Amendment (Non-Government Schools Registration) Act 2004

12 Registration of non-government schools

Sections 8, 10 and 47, as in force immediately before the commencement of Schedule 1 [4[#93], [5[#93], [6[#93], [7[#93] and [9[#93] to the Education Amendment (Non-Government Schools Registration) Act 2004 , continue to apply to and in respect of a non-government school that was a registered non-government school at that commencement for a period of 1 year after the commencement, or for the balance of its current registration (whichever is the shorter).

13 Certificates of registration or accreditation

An amendment made by Schedule 1 [12[#93], [16[#93], [22[#93] or [23[#93] to the Education Amendment (Non-Government Schools Registration) Act 2004 does not apply to or in respect of a certificate of registration or accreditation in force immediately before the commencement of the amendment.

Part 7 - Provision consequent on enactment of Education Amendment (Financial Assistance to Non-Government Schools) Act 2006

14 Application of section 21A

Section 21A, as inserted by the Education Amendment (Financial Assistance to Non-Government Schools) Act 2006 , applies--

(a) in relation to any school that, immediately before the commencement of that section, was a registered non-government school--as from 1 January 2007, and

(b) in relation to any school that is registered as a non-government school after the commencement of that section--as from the date on which it is registered.

Part 8 - Provisions consequent on enactment of Education Amendment Act 2008

15 Payments by overseas students

The imposition by the Director-General of any fee or other charge that has been paid for or in relation to instruction provided in a government school to an overseas student before the commencement of section 31A (as inserted by the Education Amendment Act 2008 ) is taken to have been lawfully imposed for all purposes.

16 District councils

A district council for an area established and in existence immediately before the amendment of section 115 of this Act by the Education Amendment Act 2008 is taken to be a district council for that area established in accordance with section 115 as amended by that Act.

Part 9 - Provisions consequent on enactment of Education Amendment Act 2009

17 Application of compulsory school-age amendments and requirement to continue school, work or approved education or training until the age of 17 years

(1) The amendments made by the Education Amendment Act 2009 do not apply to a child who attained the age of 15 years before 1 January 2010, unless--

(a) the child completed Year 10 of secondary education (as referred to in section 21B) during the 2009 school year, or

(b) the child was enrolled at a government or registered non-government school at the end of the 2009 school year or was registered for home schooling at the end of 2009.

(2) The regulations may make provision for the purpose of determining whether a child was enrolled at a school at the end of the 2009 school year.

Part 10 - Provisions consequent on enactment of Education Amendment (Publication of School Results) Act 2009

18 Definition and application

(1) In this Part--


"amending Act" means the Education Amendment (Publication of School Results) Act 2009 .

(2) This Part has effect despite any other Act or law or the decision of any tribunal.

19 Application of amending Act to previous school results

Section 18A (as substituted by the amending Act) extends to school results for testing, examinations and assessments held before the commencement of the amending Act.

20 FOI exemption--transitional arrangement

Until the repeal of the Freedom of Information Act 1989 , clause 12 of Schedule 1 to that Act applies to a breach of the confidentiality provisions of section 18A of this Act in the same way as it applies to an offence against an Act.

21 Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2009

On and from the commencement of the amending Act, clauses 13.2, 13.3 and 36.1.2 of the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2009 cease to have effect.

Part 11 - Provisions consequent on enactment of Education Amendment (Record of School Achievement) Act 2012

22 Application of amendments to students in Year 11 or Year 12

The amendments made by the Education Amendment (Record of School Achievement) Act 2012 do not apply in relation to Year 11 or Year 12 students in 2012 or Year 12 students in 2013.

23 Continuation of accreditation of non-government schools

The amendments made to Division 1 of Part 8 of this Act by the Education Amendment (Record of School Achievement) Act 2012 do not affect any accreditation in force immediately before the commencement of those amendments. Any such accreditation for the purposes of presenting candidates for the School Certificate is taken to be an accreditation for the purposes of presenting candidates for the Record of School Achievement.

24 Continuation of curriculum for School Certificate candidates

The amendment made to section 11 of this Act by the Education Amendment (Record of School Achievement) Act 2012 does not affect the curriculum during Year 7 to Year 10 for students who are candidates for the School Certificate that is in force immediately before the commencement of that amendment. Any such curriculum is (until duly changed) the curriculum during Year 7 to Year 10 for students who are candidates for the Record of School Achievement.

Part 12 - Provisions consequent on enactment of Education Amendment (School Providers for Overseas Students) Act 2013

25 Definition

In this Part--


"repealed Regulation" means the Vocational Education and Training (Commonwealth Powers) (Transitional) Regulation 2011 .

26 Pending applications

Any application made under the repealed Regulation, but not finally determined, immediately before the repeal of that Regulation is taken to have been made under Part 7A of this Act.

27 Approvals in force under repealed Regulation

Any approval in force under the repealed Regulation immediately before the repeal of that Regulation is taken to have been granted under Part 7A of this Act.

Part 13 - Provisions consequent on enactment of Board of Studies, Teaching and Educational Standards Act 2013

28 Registration requirements for non-government schools

The amendments made to section 47 by Schedule 3 to the Board of Studies, Teaching and Educational Standards Act 2013 extend to an application under Division 3 or 4 of Part 7 of this Act that was made (but not determined) before the commencement of those amendments.

Part 14 - Provisions consequent on enactment of Education Amendment (Not-for-profit Non-Government School Funding) Act 2014

29 Definition of "amending Act"

In this Part--


"amending Act" means the Education Amendment (Not-for-profit Non-Government School Funding) Act 2014 .

30 Meaning of "operate for profit" in relation to period before commencement of amending Act and during transition period

For the purposes of this Act, the determination of whether a non-government school operated for profit during any period before the commencement of the amending Act, and during the period of 3 months after that commencement, is to be determined in accordance with section 21A, as in force immediately before the repeal of that section by the amending Act.

31 Investigations and directions in relation to any period before the commencement of amending Act

(1) An investigation may be carried out by the Minister under section 83H (as inserted by the amending Act) in relation to a period (and any conduct occurring in a period) before the commencement of the amending Act.

(2) A direction may be given by the Minister under section 83I in relation to a period (and any conduct occurring in a period) before the commencement of the amending Act.

32 Recovery of payments made before the commencement of amending Act

The Minister may recover under section 83J an amount of financial assistance paid to or for the benefit of a non-government school before the commencement of the amending Act.

33 Declaration that particular non-government school operating for profit

(1) On the commencement of the amending Act, a for profit declaration is taken to have been made under section 83D (as inserted by the amending Act) that the Malek Fahd Islamic School at 405 Waterloo Road, Greenacre, operated for profit from 1 January 2010 until 31 July 2012.

(2) The Minister may revoke any such declaration in the same way that the Minister may revoke a for profit declaration under section 83D.

Part 15 - Provisions consequent on repeal of West Scholarships Act 1930 by Regulatory Reform and Other Legislative Repeals Act 2015

34 Definitions

In this Part--


"assets" means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.


"dissolution day" means the day on which the Trust is dissolved by clause 35.


"instrument" means an instrument (other than this Act or an instrument made under this Act) or any other document that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order, process or other instrument issued by a court or tribunal.


"liabilities" means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).


"rights" means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).


"Trust" means the trust administered by the West Scholarships Trustees.


"trust assets" means--

(a) any assets vested (whether absolutely or contingently) in, or otherwise held by, the West Scholarships Trustees on behalf of the Trust immediately before the dissolution day, and

(b) any assets purportedly vested (whether absolutely or contingently), or otherwise held, in the name of the Trust instead of the West Scholarships Trustees immediately before the dissolution day.

35 Dissolution of Trust

(1) The Trust is dissolved on the repeal of the West Scholarships Act 1930 by the Regulatory Reform and Other Legislative Repeals Act 2015 .

(2) On the dissolution day, any trust assets, trust rights and trust liabilities are transferred to the Crown.

(3) On and from the dissolution day, the following provisions have effect in relation to the transfer of trust assets, trust rights and trust liabilities to the Crown--

(a) the transferred assets vest in the Crown by virtue of this clause--

(i) without the need for any further conveyance, transfer, assignment or assurance, and

(ii) free of any equitable estates, interests, rights or obligations that attached to the assets immediately before the dissolution day by reason of the Trust,

(b) the transferred rights and liabilities become, by virtue of this clause, the rights and liabilities of the Crown,

(c) all proceedings relating to the transferred assets, rights or liabilities commenced before the dissolution day by or against the West Scholarships Trustees or any predecessors of those trustees pending immediately before the dissolution day are taken to be proceedings pending by or against the Crown,

(d) any act, matter or thing done or omitted to be done in relation to the transferred assets, rights or liabilities before the dissolution day by, to or in respect of the Trust is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Crown,

(e) the Crown has all the entitlements and obligations of the Trust and West Scholarships Trustees in relation to the transferred assets, rights and liabilities that the Trust or West Scholarships Trustees would have had but for the dissolution of the Trust, whether or not those entitlements and obligations were actual or potential at the time the dissolution took effect.

(4) Any money transferred to the Crown by the operation of this clause is not required to be paid into the Consolidated Fund and may be--

(a) held in any account operated by the West Scholarships Trustees immediately before the dissolution day, or

(b) paid into another account operated by the Minister.

(5) The Minister may arrange for any money transferred to the Crown by the operation of this clause to be provided to schools or bodies that the Minister is satisfied will apply the money for the purpose of awards, on the basis of academic achievement, to final year primary school students.

(6) A person who, immediately before the dissolution of the Trust, held office as a trustee for the purposes of the West Scholarships Act 1930 ceases to hold that office on the dissolution day.

(7) Subject to the regulations, a reference in any other Act or instrument made under any other Act or in any instrument of any kind to the Trust or the West Scholarships Trustees is (to the extent that it relates to the assets, rights and liabilities transferred to the Crown) to be read on and from the dissolution day as being a reference to the Crown.

(8) No compensation is payable to any person or body in connection with the transfer of any asset, right or liability, or the loss of any office, by operation of this clause.

(9) The operation of this clause is not to be regarded as--

(a) a breach of contract, trust or confidence or otherwise as a civil wrong, or

(b) a breach of any contract or other instrument (including, without limitation, any provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities), or

(c) an event of default under any contract or other instrument, or

(d) giving rise to any remedy by a party to a contract or other instrument, or as causing or permitting the termination of, or exercise of rights under, any contract or other instrument.

Part 16 - Provisions consequent on enactment of Education and Teaching Legislation Amendment Act 2016

36 Registration requirements for non-government schools

The amendments made to Subdivisions 2 and 3 of Division 2 of Part 7 of this Act by Schedule 2 to the Education and Teaching Legislation Amendment Act 2016 extend to an application under those Subdivisions that was made (but not determined) before the commencement of those amendments.

37 Conditions of registration of non-government schools

Section 53A, as inserted by Schedule 2 to the Education and Teaching Legislation Amendment Act 2016 , extends to any non-government school registered before the commencement of that section.