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Queensland
EDUCATION (GENERAL
PROVISIONS) AMENDMENT
BILL 2003
Queensland
EDUCATION (GENERAL PROVISIONS)
AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 4 (References to student when student is a minor or
under other legal disability). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Insertion of new pt 4, div 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 1AA--Preliminary
26A Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 47 (Wilful disturbance) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 48 (Trespass) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Insertion of new pt 4, divs 710 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 7--Directions and orders about conduct or movement at, or entry
to, premises of State educational institutions
Subdivision 1--Preliminary
48A Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Subdivision 2--Powers relating to name and address
48B Person may be required to state name and address . . . . . . . . . . . . . . 8
Subdivision 3--Directions about conduct or movement at premises of State
educational institutions
48C Direction about conduct or movement. . . . . . . . . . . . . . . . . . . . . . . . 8
48D Review of direction under s 48C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Subdivision 4--Directions to leave and not re-enter premises of State
educational institutions for 24 hours
48E Direction to leave and not re-enter. . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Education (General Provisions) Amendment Bill 2003
Subdivision 5--Prohibition from entering premises of State educational
institutions for up to 60 days
48F Prohibition from entering premises . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Subdivision 6--Prohibition from entering premises of State educational
institutions for more than 60 days, but not more than 1 year
48G Prohibition from entering premises . . . . . . . . . . . . . . . . . . . . . . . . . . 12
48H Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 8--Directions and orders about conduct or movement at, or entry
to, premises of non-State schools
Subdivision 1--Preliminary
48I Definitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Subdivision 2--Powers relating to name and address
48J Person may be required to state name and address . . . . . . . . . . . . . . 13
Subdivision 3--Directions about conduct or movement at premises of
non-State schools
48K Review body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
48L Direction about conduct or movement. . . . . . . . . . . . . . . . . . . . . . . . 14
48M Review of direction under s 48L . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Subdivision 4--Directions to leave and not re-enter premises of non-State
schools for 24 hours
48N Direction to leave and not re-enter. . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision 5--Prohibition from entering premises of non-State schools
for up to 60 days
48O Prohibition from entering premises . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Subdivision 6--Prohibition from entering premises of non-State schools
for more than 60 days, but not more than 1 year
48P Prohibition from entering premises . . . . . . . . . . . . . . . . . . . . . . . . . . 18
48Q Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 9--Prohibition from entering premises of all State educational
institutions and non-State schools for up to 1 year
48R Prohibition from entering premises of all State educational
institutions and non-State schools . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
48S Prohibition from entering premises of all State educational
institutions ......................................... 19
48T Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 10--Miscellaneous
3
Education (General Provisions) Amendment Bill 2003
48U Non-application of divs 7 and 8 to particular persons . . . . . . . . . . . . 20
48V Notification of application or direction . . . . . . . . . . . . . . . . . . . . . . . 20
48W Annual report of department to include report on various matters . . 20
48X Non-state school's governing body to give particular information
to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
10 Insertion of new pt 10, div 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 1AA--Appeals against directions under section 48F or 48O
146C Definition for div 1AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
146D Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
146E Starting an appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
146F Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
146G Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
11 Amendment of pt 10, div 1 hdg (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . 24
12 Amendment of s 149 (Delegation by chief executive) . . . . . . . . . . . . . . . . . 24
2003
A BILL
FOR
An Act to amend the Education (General Provisions) Act 1989
s1 6 s6
Education (General Provisions) Amendment Bill 2003
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Education (General Provisions) 3
Amendment Act 2003. 4
2 Commencement
Clause 5
This Act commences on a day to be fixed by proclamation. 6
3 Act amended
Clause 7
This Act amends the Education (General Provisions) Act 1989. 8
4 Amendment of s 2 (Interpretation)
Clause 9
Section 2(1)-- 10
insert-- 11
` "appellant" see section 146D. 12
"at", in relation to premises, includes in or on the premises. 13
"original direction" see section 146D. 14
"premises" includes a building together with surrounding land.'. 15
5 Amendment of s 4 (References to student when student is a minor
Clause 16
or under other legal disability) 17
Section 4(1), `10'-- 18
omit, insert-- 19
`part 10, division 1'. 20
6 Insertion of new pt 4, div 1AA
Clause 21
Part 4, before division 1-- 22
insert-- 23
s7 7 s9
Education (General Provisions) Amendment Bill 2003
`Division 1AA--Preliminary 1
`26A Definition for pt 4 2
`In this part-- 3
"court" means-- 4
(a) for an application or appeal relating to a child--the Childrens 5
Court; or 6
(b) otherwise--a Magistrates Court.'. 7
7 Amendment of s 47 (Wilful disturbance)
Clause 8
Section 47, penalty, `10 penalty units'-- 9
omit, insert-- 10
`20 penalty units'. 11
8 Amendment of s 48 (Trespass)
Clause 12
Section 48, penalty, `10 penalty units'-- 13
omit, insert-- 14
`20 penalty units'. 15
9 Insertion of new pt 4, divs 710
Clause 16
After section 48-- 17
insert-- 18
`Division 7--Directions and orders about conduct or movement at, or 19
entry to, premises of State educational institutions 20
`Subdivision 1--Preliminary 21
`48A Definitions for div 7 22
`In this division-- 23
"employee", of the department, means-- 24
s9 8 s9
Education (General Provisions) Amendment Bill 2003
(a) an employee of, or a contractor for, the department; or 1
(b) an employee, or subcontractor, of a contractor mentioned in 2
paragraph (a). 3
"exempt person", for a State educational institution, means-- 4
(a) a student of the institution; or 5
(b) an employee of the department engaged to perform work at the 6
institution's premises. 7
`Subdivision 2--Powers relating to name and address 8
`48B Person may be required to state name and address 9
`(1) If a State educational institution's principal proposes to give a 10
direction under section 48C or 48E to a person at the institution's premises, 11
the principal may require the person to state the person's name and 12
residential address. 13
`(2) When making the requirement under subsection (1), the principal 14
must warn the person it is an offence to fail to state the person's name or 15
residential address, unless the person has a reasonable excuse. 16
`(3) The principal may require the person to give evidence of the 17
correctness of the person's stated name or residential address if the 18
principal reasonably suspects the stated name or address is false. 19
`(4) A person must comply with a requirement made of the person under 20
subsection (1) or (3), unless the person has a reasonable excuse. 21
Maximum penalty for subsection (4)--10 penalty units. 22
`Subdivision 3--Directions about conduct or movement at premises of 23
State educational institutions 24
`48C Direction about conduct or movement 25
`(1) A State educational institution's principal may give a person (the 26
"directed person") a written direction about the directed person's conduct 27
or movement at the institution's premises for up to 30 days after the day on 28
which the direction is given if the principal is reasonably satisfied it is 29
necessary to give the direction-- 30
s9 9 s9
Education (General Provisions) Amendment Bill 2003
(a) to ensure the safety or wellbeing of other persons lawfully at the 1
premises; or 2
(b) to prevent or minimise damage to the premises or to property at 3
the premises; or 4
(c) to maintain good order at the premises; or 5
(d) for the proper management of the institution. 6
`(2) A direction under subsection (1) may not be given to an exempt 7
person for the institution. 8
`(3) The direction must state-- 9
(a) the terms of the direction; and 10
(b) the ground for the direction; and 11
(c) an outline of the facts and circumstances forming the basis for 12
the ground; and 13
(d) the time the direction is to remain in force; and 14
(e) that the directed person may apply to have the direction reviewed 15
by the principal's supervisor-- 16
(i) within 7 days after the directed person is given the direction; 17
or 18
(ii) if the direction is for less than 7 days--before the direction 19
ends; and 20
(f) the title, name and address of the principal's supervisor; and 21
(g) how the directed person may apply to have the direction 22
reviewed. 23
`(4) The direction has no effect until the principal gives it to the directed 24
person. 25
`(5) The directed person must comply with the direction, unless the 26
directed person has a reasonable excuse. 27
Maximum penalty for subsection (5)--20 penalty units. 28
`48D Review of direction under s 48C 29
`(1) This section applies if a person is given a direction under 30
section 48C by a State educational institution's principal. 31
s9 10 s9
Education (General Provisions) Amendment Bill 2003
`(2) The person may apply in writing to the principal's supervisor for a 1
review of the direction, but only-- 2
(a) within 7 days after the person is given the direction; or 3
(b) if the direction is for less than 7 days--before the direction ends. 4
`(3) The application must-- 5
(a) state in detail the grounds on which the person wants the 6
direction to be reviewed; and 7
(b) state the person's residential address. 8
`(4) After considering the grounds, the principal's supervisor must make 9
a decision (the "review decision") to-- 10
(a) confirm the direction; or 11
(b) cancel the direction. 12
`(5) The principal's supervisor must immediately give the person and the 13
institution's principal written notice of the review decision. 14
`(6) If the principal's supervisor does not give the notice within 5 days 15
after the application is made, the review decision is taken to be that the 16
direction is cancelled. 17
`Subdivision 4--Directions to leave and not re-enter premises of State 18
educational institutions for 24 hours 19
`48E Direction to leave and not re-enter 20
`(1) A State educational institution's principal may give a person (the 21
"prohibited person") a written direction requiring the prohibited person to 22
immediately leave and not re-enter the institution's premises for 24 hours 23
after the time of the direction if the principal reasonably suspects the 24
prohibited person-- 25
(a) has committed, or is about to commit, an offence at the premises; 26
or 27
(b) has used, or is about to use, threatening, abusive or insulting 28
language towards another person at the premises; or 29
(c) has engaged, or is about to engage, in threatening or violent 30
behaviour towards another person at the premises; or 31
s9 11 s9
Education (General Provisions) Amendment Bill 2003
(d) has otherwise disrupted, or is about to disrupt, good order at the 1
premises; or 2
(e) does not have a good and lawful reason to be at the premises. 3
`(2) A direction under subsection (1) may not be given to an exempt 4
person for the institution. 5
`(3) The direction must state-- 6
(a) the terms of the direction; and 7
(b) the ground for the direction; and 8
(c) an outline of the facts and circumstances forming the basis for 9
the ground; and 10
(d) the time during which the prohibited person may not re-enter the 11
premises. 12
`(4) The direction has no effect until the principal gives it to the 13
prohibited person. 14
`(5) The prohibited person must comply with the direction, unless the 15
prohibited person has a reasonable excuse. 16
Maximum penalty for subsection (5)--20 penalty units. 17
`Subdivision 5--Prohibition from entering premises of State educational 18
institutions for up to 60 days 19
`48F Prohibition from entering premises 20
`(1) The chief executive may give a person (the "prohibited person") a 21
direction requiring the prohibited person not to enter the premises of a 22
State educational institution for up to 60 days after the day on which the 23
direction is given if the chief executive is reasonably satisfied that, unless 24
the direction is given, the prohibited person is likely-- 25
(a) to cause physical harm to, or apprehension or fear of physical 26
harm in, another person when the other person is at the premises; 27
or 28
(b) to damage the premises or property at the premises; or 29
(c) to disrupt the good order or management of the institution. 30
s9 12 s9
Education (General Provisions) Amendment Bill 2003
`(2) A direction under subsection (1) may not be given to an exempt 1
person for the institution. 2
`(3) The direction must state-- 3
(a) the terms of the direction; and 4
(b) the ground for the direction; and 5
(c) an outline of the facts and circumstances forming the basis for 6
the ground; and 7
(d) the time the direction is to remain in force; and 8
(e) that the prohibited person may appeal against the direction, under 9
section 146D, within 10 days; and 10
(f) how the prohibited person may appeal against the direction. 11
`(4) The direction has no effect until the chief executive gives it to the 12
prohibited person. 13
`(5) The prohibited person must comply with the direction, unless the 14
prohibited person has a reasonable excuse. 15
Maximum penalty for subsection (5)--30 penalty units. 16
`Subdivision 6--Prohibition from entering premises of State educational 17
institutions for more than 60 days, but not more than 1 year 18
`48G Prohibition from entering premises 19
`(1) The chief executive may apply to a court for an order prohibiting a 20
person from entering the premises of a State educational institution for 21
more than 60 days, but not more than 1 year. 22
`(2) An application under subsection (1) may not be made in relation to 23
an exempt person for the institution. 24
`(3) The court may make the order if the court is satisfied, on the balance 25
of probabilities, that unless the order is made the person is likely-- 26
(a) to cause physical harm to, or apprehension or fear of physical 27
harm in, another person when the other person is at the premises; 28
or 29
(b) to damage the premises or property at the premises; or 30
(c) to disrupt the good order or management of the institution. 31
s9 13 s9
Education (General Provisions) Amendment Bill 2003
`48H Appeal to District Court 1
`An appeal lies to the District Court from a decision of a court under 2
section 48G, but only on a question of law. 3
`Division 8--Directions and orders about conduct or movement at, or 4
entry to, premises of non-State schools 5
`Subdivision 1--Preliminary 6
`48I Definitions for div 8 7
`In this division-- 8
"employee", of a non-State school's governing body, means-- 9
(a) an employee of, or a contractor for, the governing body; or 10
(b) an employee, or subcontractor, of a contractor mentioned in 11
paragraph (a). 12
"exempt person", for a non-State school, means-- 13
(a) a student of the school; or 14
(b) an employee of the school's governing body engaged to perform 15
work at the school's premises. 16
`Subdivision 2--Powers relating to name and address 17
`48J Person may be required to state name and address 18
`(1) If a non-State school's principal proposes to give a direction under 19
section 48L or 48N to a person at the institution's premises, the principal 20
may require the person to state the person's name and residential address. 21
`(2) When making the requirement under subsection (1), the principal 22
must warn the person it is an offence to fail to state the person's name or 23
residential address, unless the person has a reasonable excuse. 24
`(3) The principal may require the person to give evidence of the 25
correctness of the person's stated name or residential address if the 26
principal reasonably suspects the stated name or address is false. 27
s9 14 s9
Education (General Provisions) Amendment Bill 2003
`(4) A person must comply with a requirement made of the person under 1
subsection (1) or (3), unless the person has a reasonable excuse. 2
Maximum penalty for subsection (4)--10 penalty units. 3
`Subdivision 3--Directions about conduct or movement at premises of 4
non-State schools 5
`48K Review body 6
`(1) In this subdivision, "review body", of a non-State school, means-- 7
(a) if the school's governing body has nominated a person to conduct 8
a review under section 48M--the nominee; or 9
(b) otherwise--the school's governing body. 10
`(2) For subsection (1)(a), a nominee of a non-State school's governing 11
body must not be the school's principal. 12
`48L Direction about conduct or movement 13
`(1) A non-State school's principal may give a person (the "directed 14
person") a written direction about the directed person's conduct or 15
movement at the school's premises for up to 30 days after the day on which 16
the direction is given if the principal is reasonably satisfied it is necessary 17
to give the direction-- 18
(a) to ensure the safety or wellbeing of other persons lawfully at the 19
premises; or 20
(b) to prevent or minimise damage to the premises or to property at 21
the premises; or 22
(c) to maintain good order at the premises; or 23
(d) for the proper management of the school. 24
`(2) A direction under subsection (1) may not be given to an exempt 25
person for the school. 26
`(3) The direction must state-- 27
(a) the terms of the direction; and 28
(b) the ground for the direction; and 29
s9 15 s9
Education (General Provisions) Amendment Bill 2003
(c) an outline of the facts and circumstances forming the basis for 1
the ground; and 2
(d) the time the direction is to remain in force; and 3
(e) that the directed person may apply to have the direction reviewed 4
by the school's review body-- 5
(i) within 7 days after the directed person is given the direction; 6
or 7
(ii) if the direction is for less than 7 days--before the direction 8
ends; and 9
(f) the name and address of the school's review body; and 10
(g) how the directed person may apply to have the direction 11
reviewed. 12
`(4) The direction has no effect until the principal gives it to the directed 13
person. 14
`(5) The directed person must comply with the direction, unless the 15
directed person has a reasonable excuse. 16
Maximum penalty for subsection (5)--20 penalty units. 17
`48M Review of direction under s 48L 18
`(1) This section applies if a person is given a direction under 19
section 48L by a non-State school's principal. 20
`(2) The person may apply in writing to the school's review body for a 21
review of the direction, but only-- 22
(a) within 7 days after the person is given the direction; or 23
(b) if the direction is for less than 7 days--before the direction ends. 24
`(3) The application must-- 25
(a) state in detail the grounds on which the person wants the 26
direction to be reviewed; and 27
(b) state the person's residential address. 28
`(4) After considering the grounds, the review body must make a 29
decision (the "review decision") to-- 30
(a) confirm the direction; or 31
s9 16 s9
Education (General Provisions) Amendment Bill 2003
(b) cancel the direction. 1
`(5) The review body must immediately give the person and the school's 2
principal written notice of the review decision. 3
`(6) If the review body does not give the notice within 5 days after the 4
application is made, the review decision is taken to be that the direction is 5
cancelled. 6
`Subdivision 4--Directions to leave and not re-enter premises of 7
non-State schools for 24 hours 8
`48N Direction to leave and not re-enter 9
`(1) A non-State school's principal may give a person (the "prohibited 10
person") a written direction requiring the prohibited person to 11
immediately leave and not re-enter the school's premises for 24 hours after 12
the time of the direction if the principal reasonably suspects the prohibited 13
person-- 14
(a) has committed, or is about to commit, an offence at the premises; 15
or 16
(b) has used, or is about to use, threatening, abusive or insulting 17
language towards another person at the premises; or 18
(c) has engaged, or is about to engage, in threatening or violent 19
behaviour towards another person at the premises; or 20
(d) has otherwise disrupted, or is about to disrupt, good order at the 21
premises; or 22
(e) does not have a good and lawful reason to be at the premises. 23
`(2) A direction under subsection (1) may not be given to an exempt 24
person for the school. 25
`(3) The direction must state-- 26
(a) the terms of the direction; and 27
(b) the ground for the direction; and 28
(c) an outline of the facts and circumstances forming the basis for 29
the ground; and 30
(d) the time during which the prohibited person may not re-enter the 31
premises. 32
s9 17 s9
Education (General Provisions) Amendment Bill 2003
`(4) The direction has no effect until the principal gives it to the 1
prohibited person. 2
`(5) The prohibited person must comply with the direction, unless the 3
prohibited person has a reasonable excuse. 4
Maximum penalty for subsection (5)--20 penalty units. 5
`Subdivision 5--Prohibition from entering premises of non-State schools 6
for up to 60 days 7
`48O Prohibition from entering premises 8
`(1) A non-State school's governing body, or its nominee for this 9
subsection, may give a person (the "prohibited person") a direction 10
requiring the prohibited person not to enter the school's premises for up to 11
60 days after the day on which the direction is given if the governing body 12
or nominee is reasonably satisfied that, unless the direction is given, the 13
prohibited person is likely-- 14
(a) to cause physical harm to, or apprehension or fear of physical 15
harm in, another person when the other person is at the premises; 16
or 17
(b) to damage the premises or property at the premises; or 18
(c) to disrupt the good order or management of the school. 19
`(2) A direction under subsection (1) may not be given to an exempt 20
person for the school. 21
`(3) The direction must state-- 22
(a) the terms of the direction; and 23
(b) the ground for the direction; and 24
(c) an outline of the facts and circumstances forming the basis for 25
the ground; and 26
(d) the time the direction is to remain in force; and 27
(e) that the prohibited person may appeal against the direction, under 28
section 146D, within 10 days; and 29
(f) how the prohibited person may appeal against the direction. 30
s9 18 s9
Education (General Provisions) Amendment Bill 2003
`(4) The direction has no effect until the governing body or nominee 1
gives it to the prohibited person. 2
`(5) The prohibited person must comply with the direction, unless the 3
prohibited person has a reasonable excuse. 4
Maximum penalty--30 penalty units. 5
`(6) For subsection (1), a nominee of a non-State school's governing 6
body must not be the school's principal. 7
`Subdivision 6--Prohibition from entering premises of non-State schools 8
for more than 60 days, but not more than 1 year 9
`48P Prohibition from entering premises 10
`(1) A non-State school's governing body, or its nominee for this 11
subsection, may apply to a court for an order prohibiting a person (the 12
"prohibited person") from entering the school's premises for more than 13
60 days, but not more than 1 year. 14
`(2) An application under subsection (1) may not be made in relation to 15
an exempt person for the school. 16
`(3) The court may make the order if the court is satisfied, on the balance 17
of probabilities, that unless the order is made the prohibited person is 18
likely-- 19
(a) to cause physical harm to, or apprehension or fear of physical 20
harm in, another person when the other person is at the premises; 21
or 22
(b) to damage the premises or property at the premises; or 23
(c) to disrupt the good order or management of the school. 24
`(4) For subsection (1), a nominee of a non-State school's governing 25
body must not be the school's principal. 26
`48Q Appeal to District Court 27
`An appeal lies to the District Court from a decision of a court under 28
section 48P, but only on a question of law. 29
s9 19 s9
Education (General Provisions) Amendment Bill 2003
`Division 9--Prohibition from entering premises of all State educational 1
institutions and non-State schools for up to 1 year 2
`48R Prohibition from entering premises of all State educational 3
institutions and non-State schools 4
`(1) The chief executive may apply to a court for an order prohibiting a 5
person from entering the premises of all State educational institutions and 6
non-State schools for up to 1 year. 7
`(2) An application under subsection (1) may not be made in relation to a 8
person who is a student of a State educational institution or non-State 9
school. 10
`(3) The court may make the order if the court is satisfied, on the balance 11
of probabilities, that the person poses an unacceptable risk to the safety or 12
wellbeing of members of school communities in general. 13
`48S Prohibition from entering premises of all State educational 14
institutions 15
`(1) The chief executive may apply to a court for an order prohibiting a 16
person from entering the premises of all State educational institutions for 17
up to 1 year. 18
`(2) An application under subsection (1) may not be made in relation to a 19
person who is a student of a State educational institution. 20
`(3) The court may make the order if the court is satisfied, on the balance 21
of probabilities, that the person poses an unacceptable risk to the safety or 22
wellbeing of members of school communities of the institutions in general. 23
`48T Appeal to District Court 24
`An appeal lies to the District Court from a decision of a court under 25
section 48R or 48S, but only on a question of law. 26
s9 20 s9
Education (General Provisions) Amendment Bill 2003
`Division 10--Miscellaneous 1
`48U Non-application of divs 7 and 8 to particular persons 2
`Divisions 7 and 81 do not apply to a person in relation to the exercise by 3
the person of the person's powers under an Act at the premises of a State 4
educational institution or non-State school. 5
`48V Notification of application or direction 6
`(1) Subsection (2) applies if an application is made under section 48G, 7
48P, 48R or 48S in relation to a child. 8
`(2) The applicant must, as soon as practicable after making the 9
application, give a parent of the child written notice of the application, 10
unless a parent can not be found after reasonable inquiry. 11
`(3) Subsection (4) applies if a direction is given under section 48F or 12
48O to a child. 13
`(4) The person who gives the direction must, as soon as practicable after 14
giving the direction, give a parent of the child written notice of the 15
direction, unless a parent can not be found after reasonable inquiry. 16
`(5) In this section-- 17
"parent", of a child, includes someone who is apparently a parent of the 18
child. 19
`48W Annual report of department to include report on various 20
matters 21
`(1) In the department's annual report for a financial year under the 22
Financial Administration and Audit Act 1977, the chief executive must 23
include details of-- 24
(a) the number of directions given during the financial year under 25
section 48C, including the number given to children; and 26
(b) the number of directions given during the financial year under 27
section 48E, including the number given to children; and 28
1 Divisions 7 (Directions and orders about conduct or movement at, or entry to,
premises of State educational institutions) and 8 (Directions and orders about
conduct or movement at, or entry to, premises of non-State schools)
s9 21 s9
Education (General Provisions) Amendment Bill 2003
(c) the number of directions given during the financial year under 1
section 48F, including the number given to children; and 2
(d) the number of orders made during the financial year under 3
section 48G, including the number made in relation to children; 4
and 5
(e) the number of orders made during the financial year under 6
section 48R, including the number made in relation to children; 7
and 8
(f) the number of orders made during the financial year under 9
section 48S, including the number made in relation to children; 10
and 11
(g) the number of applications made during the financial year under 12
section 48D, including the number made by children; and 13
(h) the number of directions confirmed during the financial year 14
under section 48D, including the number of the directions that 15
had been given to children; and 16
(i) the number of directions cancelled during the financial year 17
under section 48D, including the number of the directions that 18
had been given to children.2 19
`(2) Also, in the annual report, the chief executive must include the 20
information obtained by the Minister under section 48X for the financial 21
year. 22
`48X Non-state school's governing body to give particular information 23
to Minister 24
`A non-State school's governing body must, within 2 months after the 25
end of a financial year, give the following information to the Minister-- 26
(a) the number of directions, relating to the school, given during the 27
financial year under section 48L, including the number given to 28
children; 29
2 Sections 48C (Direction about conduct or movement), 48D (Review of direction
under s 48C), 48E (Direction to leave and not re-enter), 48F (Prohibition from
entering premises), 48G (Prohibition from entering premises), 48R (Prohibition
from entering premises of all State educational institutions and non-State schools)
and 48S (Prohibition from entering premises of all State educational institutions)
s 10 22 s 10
Education (General Provisions) Amendment Bill 2003
(b) the number of directions, relating to the school, given during the 1
financial year under section 48N, including the number given to 2
children; 3
(c) the number of directions, relating to the school, given during the 4
financial year under section 48O, including the number given to 5
children; 6
(d) the number of orders, relating to the school, made during the 7
financial year under section 48P, including the number made in 8
relation to children; 9
(e) the number of applications, relating to the school, made during 10
the financial year under section 48M, including the number made 11
by children; 12
(f) the number of directions, relating to the school, confirmed during 13
the financial year under section 48M, including the number of the 14
directions that had been given to children; 15
(g) the number of directions, relating to the school, cancelled during 16
the financial year under section 48M, including the number of the 17
directions that had been given to children.3'. 18
10 Insertion of new pt 10, div 1AA
Clause 19
Part 10, before division 1-- 20
insert-- 21
`Division 1AA--Appeals against directions under section 48F or 48O 22
`146C Definition for div 1AA 23
`In this division-- 24
"court" means-- 25
(a) for an appeal relating to a child--the Childrens Court; or 26
(b) otherwise--a Magistrates Court. 27
3 Sections 48L (Direction about conduct or movement), 48M (Review of direction
under s 48L), 48N (Direction to leave and not re-enter), 48O (Prohibition from
entering premises) and 48P (Prohibition from entering premises)
s 10 23 s 10
Education (General Provisions) Amendment Bill 2003
`146D Who may appeal 1
`A person (the "appellant") who is given a direction under section 48F 2
or 48O4 (the "original direction") may appeal against the original 3
direction to a court.5 4
`146E Starting an appeal 5
`The notice of appeal under the Uniform Civil Procedure Rules 1999 6
must be filed with the registrar of the court within 10 days after the 7
appellant is given the original direction. 8
`146F Hearing procedures 9
`(1) In deciding the appeal, the court-- 10
(a) has the same powers as the person who gave the original 11
direction; and 12
(b) is not bound by the rules of evidence; and 13
(c) must comply with natural justice; and 14
(d) must allow a child to be represented by an associated adult; and 15
(e) may not make an order for costs, other than for filing fees. 16
`(2) To remove any doubt, it is declared that the Childrens Court Act 17
1992, section 206 applies if the appeal is heard by the Childrens Court. 18
`(3) The appeal is by way of rehearing, unaffected by the original 19
direction, on the material before the person who gave the original direction 20
and any further evidence allowed by the court. 21
`(4) The respondent to the appeal may be represented by a lawyer at the 22
hearing of the appeal only if the appellant is also represented by a lawyer. 23
`(5) In this section-- 24
"associated adult", for a child, means an adult who-- 25
(a) is the child's parent, step-parent or guardian; or 26
4 Section 48F (Prohibition from entering premises) or 48O (Prohibition from entering
premises)
5 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to a
Magistrates Court.
6 Childrens Court Act 1992, section 20 (Who may be present at a proceeding)
s 11 24 s 12
Education (General Provisions) Amendment Bill 2003
(b) is the child's spouse; or 1
(c) has parental rights and duties for the child; or 2
(d) might reasonably be expected to have authority over the child's 3
conduct. 4
`146G Powers of court on appeal 5
`(1) In deciding the appeal, the court may-- 6
(a) confirm the original direction; or 7
(b) amend the original direction; or 8
(c) substitute another direction for the original direction; or 9
(d) set aside the original direction and return the issue to the person 10
who gave the original direction with the directions the court 11
considers appropriate. 12
`(2) If the court amends the original direction or substitutes another 13
direction for the original direction, the amended or substituted direction is, 14
for this Act (other than this division), taken to be the direction of the person 15
who gave the original direction.'. 16
11 Amendment of pt 10, div 1 hdg (Appeals)
Clause 17
Part 10, division 1, heading, `Appeals'-- 18
omit, insert-- 19
`Appeals against decisions under section 113, 130 or 132'. 20
12 Amendment of s 149 (Delegation by chief executive)
Clause 21
Section 149(1), after `part 4,'-- 22
insert-- 23
`divisions 1 to 6,'. 24
© State of Queensland 2003
AMENDMENTS TO BILL
1
Education (General Provisions) Amendment Bill 2003
EDUCATION (GENERAL PROVISIONS)
AMENDMENT BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 2--
At page 6, line 6, after `Act'--
insert--
`, other than sections 9A and 13,'.
2 Clause 9--
At page 11, line 22, before `direction'--
insert--
`written'.
3 Clause 9--
At page 17, line 10, before `direction'--
insert--
`written'.
4 After clause 9--
At page 22, after line 18--
insert--
`9A Amendment of s 115 (Dispensation from compliance with
compulsory enrolment and attendance provisions)
`Section 115--
insert--
2
Education (General Provisions) Amendment Bill 2003
`(2A) The guidelines approved under subsection (2)(a)(i) may, for an
application for a dispensation for the reason mentioned in that
subparagraph, provide for each of the following--
(a) notifying the applicant of the decision on the application;
(b) if it is decided not to grant the application--the internal review of
the decision.'.'.
5 After clause 12--
At page 24, after line 24--
insert--
`13 Insertion of new pt 13
`After section 167--
insert--
`PART 13--VALIDATION PROVISIONS FOR HOME
SCHOOLING DISPENSATION
`168 Definitions for pt 13
`In this part--
"commencement" means commencement of this section.
"guidelines" means the guidelines, approved under this Act, stated in the
order in council published in the gazette on 5 August 1989 at
page 2 993.
`169 Validation of guidelines
`(1) The guidelines are, and always have been, valid.
`(2) Without limiting subsection (1), an amount charged and collected
under section 5(c)(ii) of the guidelines before the commencement is taken
to have been validly charged and collected.
`170 Amendment of guidelines
`(1) The guidelines are amended by--
3
Education (General Provisions) Amendment Bill 2003
(a) in section 5(c)(ii) of the guidelines, omitting all words from `and
submit' to `Art'; and
(b) omitting section 6 of the guidelines; and
(c) in section 7 of the guidelines, omitting the words `and the
Regional Director'.
`(2) Without limiting subsection (1)(a), an amount payable under
section 5(c)(ii) of the guidelines, but not paid before the commencement, is
no longer payable.
`(3) The amendment of the guidelines in this section does not affect the
power of the Governor in Council to approve a further amendment, or
revoke the Governor in Council's approval, of the guidelines.'.'.
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