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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
EDUCATION (GENERAL
PROVISIONS) AMENDMENT
BILL 1996
Queensland
EDUCATION (GENERAL PROVISIONS)
AMENDMENT BILL 1996
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Omission of ss 2427 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Insertion of new pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 3A--GOOD ORDER AND MANAGEMENT OF STATE
EDUCATIONAL INSTITUTIONS
Division 1--Behaviour management plans
30A Principal is responsible for behaviour management plans . . . . . . . . 5
Division 2--Suspension of students
30B Grounds for suspension of student . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
30C Suspension of student . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
30D Placement of certain students in alternative education program . . . 7
30E Submissions against suspensions for more than 5 school days . . . . 7
30F Dealing with submissions against suspensions . . . . . . . . . . . . . . . . . 7
Division 3--Exclusion of students
30G Grounds for exclusion of student . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
30H Suspension pending dealing with recommendation for exclusion . . 8
30I Submissions against suspension and recommendation for
exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
30J Exclusion of student . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
30K Submissions against exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
30L Dealing with submissions against exclusions . . . . . . . . . . . . . . . . . . 11
2
Education (General Provisions) Amendment
Division 4--Cancellation of enrolment of students above the age of
compulsory attendance
30M Grounds for cancelling enrolment of student more than the
age of compulsory attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
30N Cancellation of student's enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . 12
30O Submissions against cancellation of enrolment . . . . . . . . . . . . . . . . 12
30P Dealing with submissions against cancellations of enrolment . . . . . 13
Division 5-- Miscellaneous provisions about suspensions,
exclusions and cancellations
30Q Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
30R Copy of notices under this part to be given to parent etc. . . . . . . . . 14
30S Submissions about suspensions, exclusions and cancellation . . . . . 14
30T Time notices take effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 6--Offences
30U Wilful disturbance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
30V Trespass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7 Amendment of s 58 (Dispensation from compliance with
compulsory enrolment and attendance provisions) . . . . . . . . . . . . . . . . . . . . 15
8 Replacement of s 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
77A Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Insertion of new s 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
80 Transitional provision about existing delegations . . . . . . . . . . . . . . . 17
1996
A BILL
FOR
An Act to amend the Education (General Provisions) Act 1989
s1 4 s4
Education (General Provisions) Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Education (General Provisions) 3
Amendment Act 1996. 4
5
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 6
amended 7
Act
Clause 3. This Act amends the Education (General Provisions) Act 1989. 8
of s 3 (Interpretation) 9
Amendment
Clause 4.(1) Section 3(1), definitions "executive director" and "principal"-- 10
omit. 11
(2) Section 3(1)-- 12
insert-- 13
` "cancel", the enrolment at a State educational institution of a student who 14
is more than the age of compulsory attendance, means prohibit the 15
student from attending the institution, whether for a stated period or 16
permanently. 17
"exclude", a student, means prohibit the student from attending a State 18
educational institution or State educational institutions for a stated 19
period or permanently. 20
"excluded person" see section 30J. 21
"notice recommending exclusion" see section 30H(3). 22
"person under a cancellation" see section 30N. 23
"principal" means the person in charge of a State educational institution. 24
s5 5 s6
Education (General Provisions) Amendment
"reasonably satisfied" means satisfied on reasonable grounds. 1
"suspend", a student, means prohibit the student from attending a State 2
educational institution for a stated number of school days. 3
"teacher" means a person who-- 4
(a) is registered as a teacher, or who has provisional registration as a 5
teacher, under the Education (Teacher Registration) Act 1988; 6
and 7
(b) is a member of the educational staff of a State educational 8
institution.'. 9
of ss 2427 10
Omission
Clause 5. Sections 24 to 27-- 11
omit. 12
of new pt 3A 13
Insertion
Clause 6. After section 30-- 14
insert-- 15
ART 3A--GOOD ORDER AND MANAGEMENT OF 16
`P
STATE EDUCATIONAL INSTITUTIONS 17
1--Behaviour management plans 18
`Division
is responsible for behaviour management plans 19
`Principal
`30A.(1) The principal of each State educational institution must ensure a 20
process is put in place for developing a behaviour management plan for the 21
institution. 22
`(2) The plan for an institution must-- 23
(a) promote a supportive environment at the institution so all 24
members of the institution's community may work together in 25
developing acceptable standards of behaviour to create a caring, 26
s6 6 s6
Education (General Provisions) Amendment
productive and safe environment for learning; and 1
(b) promote an effective teaching and learning environment at the 2
institution, that allows positive aspirations, relationships and 3
values to develop; and 4
(c) foster mutual respect among all individuals at the institution; and 5
(d) encourage all students attending the institution to take increasing 6
responsibility for their own behaviour and the consequences of 7
their actions. 8
`(3) The principal of an institution must take all reasonable steps to 9
ensure the institution's behaviour management plan is implemented 10
consistently, fairly and reasonably. 11
`(4) Also, the principal must ensure the plan is reviewed from time to 12
time. 13
`Division 2--Suspension of students 14
rounds for suspension of student 15
`G
`30B. Each of the following is a ground for suspending a student from a 16
State educational institution-- 17
(a) disobedience by the student; 18
(b) misconduct of the student; 19
(c) other conduct of the student that is prejudicial to the good order 20
and management of the State educational institution or State 21
educational institutions. 22
uspension of student 23
`S
`30C.(1) This section applies if the principal of a State educational 24
institution is reasonably satisfied grounds exist to suspend a student from 25
the institution. 26
`(2) The principal may suspend the student from the institution-- 27
(a) for not more than 5 school days; or 28
s6 7 s6
Education (General Provisions) Amendment
(b) if the principal is satisfied the behaviour was so serious that the 1
suspension should be for longer than 5 school days--for not 2
more than 20 school days. 3
`(3) The principal must give the student a written notice stating-- 4
(a) the student is suspended and the reason for the suspension; and 5
(b) the period of the suspension. 6
`(4) If the suspension is for more than 5 school days, the notice must 7
also state-- 8
(a) the student may make a submission against the suspension to the 9
principal's supervisor; and 10
(b) the title, name and address of the principal's supervisor; and 11
(c) the way in which the submission may be made. 12
of certain students in alternative education program 13
`Placement
`30D. If a student is suspended for more than 5 school days, the 14
principal must coordinate arrangements for placing the student in an 15
alternative education program that allows the student to continue with the 16
student's education. 17
against suspensions for more than 5 school days 18
`Submissions
`30E.(1) A student suspended for more than 5 school days may make a 19
submission against the suspension. 20
`(2) The submission must be made to the principal's supervisor and state 21
fully the grounds for the submission and the facts relied on. 22
with submissions against suspensions 23
`Dealing
`30F.(1) If a submission is made to a principal's supervisor, the 24
supervisor must promptly consider the decision and the submission and-- 25
(a) affirm the decision; or 26
(b) vary the decision; or 27
(c) set aside the decision and make a new decision in substitution of 28
s6 8 s6
Education (General Provisions) Amendment
the decision to suspend. 1
`(2) After the supervisor has decided to affirm, vary or set aside the 2
principal's decision to suspend, the supervisor must-- 3
(a) promptly tell the student and principal about the decision; and 4
(b) within 7 days after telling the student about the decision--give the 5
student and the principal written notice of the decision and the 6
reasons. 7
`Division 3--Exclusion of students 8
for exclusion of student 9
`Grounds
`30G. The grounds for excluding a student from a State educational 10
institution or State educational institutions are-- 11
(a) any of the following-- 12
(i) disobedience by the student; 13
(ii) misconduct of the student; 14
(iii) other conduct of the student that is prejudicial to the good 15
order and management of the State educational institution or 16
State educational institutions; and 17
(b) the student's disobedience, misconduct or other conduct is so 18
serious that suspension of the student is inadequate to deal with 19
the behaviour. 20
pending dealing with recommendation for exclusion 21
`Suspension
`30H.(1) This section applies if the principal of a State educational 22
institution is reasonably satisfied grounds exist to exclude a student from 23
the institution or State educational institutions. 24
`(2) The principal may-- 25
(a) recommend to the principal's supervisor that the student be 26
excluded from the institution or stated State educational 27
institutions; and 28
s6 9 s6
Education (General Provisions) Amendment
(b) suspend the student from the institution pending the supervisor's 1
decision about the recommendation. 2
`(3) The principal must give the student a written notice (the "notice 3
recommending exclusion") stating-- 4
(a) the principal has recommended to the principal's supervisor that 5
the student be excluded from the institution and the reason for the 6
recommendation; and 7
(b) the student is suspended pending the supervisor's decision about 8
the recommendation; and 9
(c) the student may make a submission to the principal's supervisor 10
against the suspension and recommendation for exclusion no later 11
than 5 school days after the day the notice is given to the student 12
or the longer period allowed by the supervisor under 13
section 30I(3); and 14
(d) the title, name and address of the principal's supervisor; and 15
(e) the way in which the submission may be made. 16
`(4) The principal must promptly give a copy of the notice to the 17
principal's supervisor. 18
against suspension and recommendation for exclusion 19
`Submissions
`30I.(1) A student given a notice recommending exclusion may make a 20
submission against the suspension and recommendation for exclusion. 21
`(2) The submission must-- 22
(a) be made to the principal's supervisor no later than 5 school days 23
after the day the notice is given to the student; and 24
(b) state fully the grounds for the submission and the facts relied on. 25
`(3) If, no later than 5 school days after the day the notice is given to the 26
student, the supervisor is contacted by a person who may make a 27
submission in relation to the notice asking for a longer period within which 28
to make the submission, the supervisor may, by written notice, state a 29
longer period allowed for submissions. 30
s6 10 s6
Education (General Provisions) Amendment
of student 1
`Exclusion
`30J.(1) If-- 2
(a) a principal of a State educational institution, under section 30H(2), 3
recommended to the principal's supervisor that a student at the 4
institution be excluded from the institution or State educational 5
institutions for a period or permanently and gave the student a 6
notice recommending exclusion; and 7
(b) 5 school days after the day the student was given the notice, or the 8
longer period allowed by the supervisor under section 30I(3), 9
have expired and the supervisor-- 10
(i) has not, before the expiry, received a submission against the 11
suspension and recommendation for exclusion; or 12
(ii) has received a submission before the expiry and considered 13
the submission; and 14
(c) the supervisor is reasonably satisfied grounds exist to exclude the 15
student from the institution or State educational institutions; 16
the supervisor may, no later than 20 school days after the day the notice was 17
given to the student, exclude the student (the "excluded person") from the 18
institution or State educational institutions for a period or permanently. 19
`(2) Also, even though a principal of a State educational institution did 20
not recommend to the principal's supervisor that a student at the institution 21
be excluded from the institution or State educational institutions, the 22
supervisor may exclude the student (also the "excluded person") from the 23
institution or State educational institutions for a period or permanently, if the 24
supervisor is reasonably satisfied grounds exist to exclude the student from 25
the institution or State educational institutions. 26
`(3) A supervisor must give an excluded person a written notice 27
stating-- 28
(a) the person is excluded from the stated institution or institutions 29
and the reason for the exclusion; and 30
(b) the period of the exclusion; and 31
(c) the person may make a submission to the chief executive against 32
the exclusion; and 33
s6 11 s6
Education (General Provisions) Amendment
(d) the title, name and address of the chief executive; and 1
(e) the way in which the submission may be made. 2
against exclusions 3
`Submissions
`30K.(1) The excluded person may make a submission against the 4
exclusion. 5
`(2) The submission must be made to the chief executive and state fully 6
the grounds for the submission and the facts relied on. 7
with submissions against exclusions 8
`Dealing
`30L.(1) If a submission is made to the chief executive, the chief 9
executive must promptly consider the decision and the submission and-- 10
(a) affirm the decision; or 11
(b) vary the decision; or 12
(c) set aside the decision and make a new decision in substitution of 13
the decision to exclude. 14
`(2) After the chief executive has decided to affirm, vary or set aside the 15
decision, the chief executive must-- 16
(a) promptly tell the excluded person of the chief executive's 17
decision; and 18
(b) within 7 days after telling the excluded person about the 19
decision--give written notice to the excluded person, and the 20
relevant principal and supervisor, about the chief executive's 21
decision and the reasons for the decision. 22
4--Cancellation of enrolment of students above the age of 23
`Division
compulsory attendance 24
for cancelling enrolment of student more than the age of 25
`Grounds
compulsory attendance 26
`30M.(1) The grounds for cancelling the enrolment at a State educational 27
s6 12 s6
Education (General Provisions) Amendment
institution of a student who is more than the age of compulsory attendance 1
are-- 2
(a) the student's persistently disruptive behaviour is adversely 3
affecting the education of other students at the institution; or 4
(b) the student's behaviour amounts to a refusal to participate in the 5
program of instruction provided at the institution. 6
`(2) The enrolment of a student of the age of compulsory attendance may 7
not be cancelled under this division. 8
of student's enrolment 9
`Cancellation
`30N.(1) This section applies if the principal of a State educational 10
institution is reasonably satisfied grounds exist to cancel the enrolment at 11
the institution of a student who is more than the age of compulsory 12
attendance. 13
`(2) The principal may cancel the enrolment at the institution of the 14
student (the "person under a cancellation") for a period or permanently. 15
`(3) The principal must give the person under the cancellation a written 16
notice stating-- 17
(a) the person's enrolment at the institution is cancelled and the 18
reason for the cancellation; and 19
(b) the period of the cancellation; and 20
(c) the person may make a submission against the cancellation to the 21
principal's supervisor; and 22
(d) the title, name and address of the principal's supervisor; and 23
(e) the way in which the submission may be made. 24
`(4) The principal must also give a copy of the notice to the principal's 25
supervisor. 26
against cancellation of enrolment 27
`Submissions
`30O.(1) The person under the cancellation may make a submission 28
against the cancellation. 29
s6 13 s6
Education (General Provisions) Amendment
`(2) The submission must be made to the principal's supervisor and state 1
fully the grounds for the submission and the facts relied on. 2
with submissions against cancellations of enrolment 3
`Dealing
`30P.(1) If a submission is made to a principal's supervisor, the 4
supervisor must promptly consider the decision and the submission and-- 5
(a) affirm the decision; or 6
(b) vary the decision; or 7
(c) set aside the decision and make a new decision in substitution of 8
the decision to cancel the student's enrolment. 9
`(2) After the supervisor has decided to affirm, vary or set aside the 10
decision, the supervisor must-- 11
(a) promptly tell the person under the cancellation of the decision; 12
and 13
(b) within 7 days after telling the person about the decision--give 14
written notice to the person, and the principal who cancelled the 15
person's enrolment, about the decision and the reasons for the 16
decision. 17
`Division 5-- Miscellaneous provisions about suspensions, exclusions 18
and cancellations 19
for division 20
`Definition
`30Q. In this division-- 21
"student" means-- 22
(a) a student, including a suspended student; or 23
(b) an excluded person; or 24
(c) a person under a cancellation. 25
s6 14 s6
Education (General Provisions) Amendment
of notices under this part to be given to parent etc. 1
`Copy
`30R.(1) If a person is required, under this part, to give a notice to a 2
student and the student is under 18, the person must promptly give a copy 3
of the notice to-- 4
(a) if a parent has care and control of the student--the parent; or 5
(b) if another adult has care and control of the student--the adult. 6
`(2) In deciding to whom a notice must be given under subsection (1), 7
the person required to give the notice may rely on the relevant State 8
educational institution's records about-- 9
(a) if a parent, or another adult, has care and control of the student; 10
and 11
(b) the current residential address of the parent or adult. 12
about suspensions, exclusions and cancellation 13
`Submissions
`30S. If, under this part, a student may make a submission in relation to 14
a suspension, suspension and recommendation for exclusion, exclusion or 15
cancellation and the student is under 18, a submission may also be made by 16
a parent, or an adult who has the care and control, of the student. 17
notices take effect 18
`Time
`30T. A notice given to a student under this part takes effect on the day 19
the notice is given to the student or a later day stated in the notice. 20
6--Offences 21
`Division
disturbance 22
`Wilful
`30U.(1) A person must not wilfully disturb the good order or 23
management of a State educational institution. 24
Maximum penalty--10 penalty units. 25
`(2) A person must not insult an officer of a State educational institution 26
in the presence or hearing of a student of the institution, who is, at the time 27
s7 15 s7
Education (General Provisions) Amendment
in question-- 1
(a) in or about the institution; or 2
(b) assembled with others for educational purposes at or in any place. 3
Maximum penalty--10 penalty units. 4
`(3) A person must not be convicted of an offence against this section if 5
the person was, at the time in question, a student at the State educational 6
institution. 7
`(4) In subsection (2)-- 8
"insult" includes abuse. 9
"officer of a State educational institution" includes a teacher, teacher on 10
probation, teacher in training, staff member or person employed in any 11
capacity at the institution. 12
13
`Trespass
`30V. A person must not be on the premises of a State educational 14
institution unless the person has lawful authority or a reasonable excuse for 15
being on the premises. 16
Maximum penalty--10 penalty units.'. 17
of s 58 (Dispensation from compliance with compulsory 18
Amendment
enrolment and attendance provisions) 19
Clause 7.(1) Section 58(2)(d)-- 20
omit, insert-- 21
`(d) that the child's home is not less than 16 km from the nearest State 22
educational institution with the required year level for the child 23
and-- 24
(i) is not less than 4.5 km from a school transport service to a 25
State educational institution with the required year level for 26
the child; or 27
(ii) is less than 4.5 km from a school transport service to a State 28
educational institution with the required year level for the 29
s8 16 s8
Education (General Provisions) Amendment
child but-- 1
(A) is not less than 56 km from the institution using the 2
route travelled by the school transport service; or 3
(B) is not less than 3 hours travelling time per day using the 4
school transport service;'. 5
(2) Section 58-- 6
insert-- 7
`(5) Distance from a child's home to the nearest State educational 8
institution with the required year level for the child must be measured-- 9
(a) if there is no school transport service to the institution--by the 10
shortest practicable route; or 11
(b) if there is a school transport service to the institution--by the total 12
of the distance from the child's home to the school transport 13
access point and the distance travelled by the school transport 14
service from that point to the institution. 15
`(6) In this section-- 16
"school transport service" means-- 17
(a) a school transport service approved by the chief executive of the 18
department that deals with matters arising under the Transport 19
Operations (Passenger Transport) Act 1994; or 20
(b) a public transport service.'. 21
of s 77A 22
Replacement
Clause 8.(1) Section 77A-- 23
omit, insert-- 24
by chief executive 25
`Delegation
`77A.(1) The chief executive may delegate the chief executive's powers 26
under this Act, other than part 3A,1 to an appropriately qualified officer of 27
the department. 28
1 Part 3A (Good order and management of State educational institutions)
s9 17 s9
Education (General Provisions) Amendment
`(2) In this section-- 1
"appropriately qualified" includes having the qualifications, experience or 2
standing appropriate to exercise the power. 3
4
Example of `standing'--
5
A person's classification level in the department.'.
of new s 80 6
Insertion
Clause 9. After section 79-- 7
insert-- 8
provision about existing delegations 9
`Transitional
`80.(1) This section applies to a delegation-- 10
(a) made under section 77A2 before the commencement of this 11
section; and 12
(b) in force immediately before the commencement. 13
`(2) The delegation continues to have effect for 1 year after the 14
commencement, unless it is revoked before the year ends. 15
`(3) This section expires 1 year after the commencement.'. 16
17
© State of Queensland 1996
2 Section 77A (Delegation by chief executive)
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