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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Education (General
Provisions) Bill 2006
Queensland
Education (General Provisions) Bill 2006
Contents
Page
Chapter 1 Preliminary
Part 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Part 2 Application
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
4 Interaction with other legislation . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Part 3 Objects
5 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
6 Activities to achieve objects of chs 10 and 11 . . . . . . . . . . . . . . . 26
Part 4 Guiding principles for achieving Act's objects
7 Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 5 Interpretation
8 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
9 Meaning of compulsory school age . . . . . . . . . . . . . . . . . . . . . . . 28
10 Meaning of parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
11 Meaning of basic allocation, remaining allocation etc. . . . . . . . . . 29
Chapter 2 State educational institutions
Part 1 State education
12 Provision of State education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Part 2 Establishment and naming of State educational institutions
13 Power to establish State schools . . . . . . . . . . . . . . . . . . . . . . . . . 31
14 Power to establish institutions that provide educational
instruction to persons enrolled at State schools. . . . . . . . . . . . . . 31
15 Power to establish other educational institutions . . . . . . . . . . . . . 31
16 Naming, and changing of name, of a State educational institution 31
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Education (General Provisions) Bill 2006
Part 3 Amalgamation or closure of State schools
17 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
18 Notice of proposed closure or amalgamation. . . . . . . . . . . . . . . . 32
19 Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
20 Time to elapse before closure or amalgamation . . . . . . . . . . . . . 33
Part 4 Bases for education provided, and testing, at State
instructional institutions
21 Curriculum framework for State instructional institutions . . . . . . . 33
22 Development and revision of 112 syllabuses and preschool
guidelines ..................................... 33
23 Implementation of syllabus, course or preschool guideline at
State instructional institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
24 Direction by Minister about tests . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 5 Provisions relating to mature age students
Division 1 Preliminary
25 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
26 This part applies despite the Criminal Law (Rehabilitation of
Offenders) Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2 Obligation relating to mature age student notices
27 Obligation of mature age State school's principal . . . . . . . . . . . . 36
Division 3 Issue of mature age student notices
28 Application for mature age student notice . . . . . . . . . . . . . . . . . . 37
29 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
30 Chief executive to invite submissions from person about criminal
history ....................................... 39
31 Currency of positive notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 4 Provisions about criminal history
32 Criminal history check etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
33 Notice of change in criminal history . . . . . . . . . . . . . . . . . . . . . . . 41
34 Disclosure of change in criminal history . . . . . . . . . . . . . . . . . . . . 42
35 Requirements for disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
36 Use of criminal history information . . . . . . . . . . . . . . . . . . . . . . . . 43
37 Confidentiality of information about criminal history . . . . . . . . . . . 43
Division 5 Cancellation and replacement of positive notices
38 Wrong, incomplete or new information . . . . . . . . . . . . . . . . . . . . . 44
Division 6 Review of decisions
39 Definition for div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
40 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
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41 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
42 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 7 General provisions
43 False or misleading information or documents. . . . . . . . . . . . . . . 46
44 Time limit on new application for mature age student notice . . . . 47
Part 6 Miscellaneous provisions
45 Inspection of State educational institution's premises . . . . . . . . . 47
46 Investigation of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
47 Use of State educational institution's premises . . . . . . . . . . . . . . 48
Chapter 3 Cost of providing State education
48 Definitions for ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
49 Meaning of remote area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
50 State education to be free . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
51 Power to charge particular persons or for particular educational
services ........................................ 50
52 Fee for distance education provided by a State school . . . . . . . . 50
53 When fee for distance education is not payable . . . . . . . . . . . . . . 51
54 Waiver of fee for distance education . . . . . . . . . . . . . . . . . . . . . . 53
55 Charging for specialised educational program . . . . . . . . . . . . . . . 54
56 Voluntary financial contribution. . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Chapter 4 Allocation of State education
Part 1 Preliminary
57 Definition for ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
58 Application of chapter to student under 16 years . . . . . . . . . . . . . 55
59 Allocation of semesters for each student . . . . . . . . . . . . . . . . . . . 56
Part 2 Basic allocation and remaining allocation
60 Basic allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
61 Remaining allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
62 Principal must consider remaining allocation for certain
students ..................................... 58
63 Notice to certain students about remaining allocation . . . . . . . . . 59
64 Information to be given to repeating student . . . . . . . . . . . . . . . . 59
Part 3 Extra semesters may be granted by principals
65 Application for extra semesters if no remaining allocation . . . . . . 60
66 Principal must consider and decide application for extra
semesters ...................................... 60
67 Limitation on extra semesters granted by principals . . . . . . . . . . 61
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Education (General Provisions) Bill 2006
Part 4 Submissions against principal's decision
68 Submissions against principal's decision . . . . . . . . . . . . . . . . . . . 61
69 Dealing with submissions against principal's decision . . . . . . . . . 62
Part 5 Further semesters may be granted by chief executive
70 Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
71 Application for further semesters if no remaining allocation and
after extra semesters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
72 Chief executive must consider and decide application for
further semesters .............................. 63
73 Chief executive to give notice to principal if further semesters
granted ...................................... 64
74 Limitation on further semesters granted by chief executive . . . . . 65
Part 6 Copy of notice to be given to parent
75 Copy of notice under this chapter to be given to parent . . . . . . . . 65
Chapter 5 Instruction in a religious or other belief
76 Definitions for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
77 Giving instruction in a religious or other belief . . . . . . . . . . . . . . . 66
78 Approval of entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
79 When notice under s 77(4), (5) or (6) may not be given by parent 67
80 When instruction to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Chapter 6 School councils
Part 1 Preliminary
81 Definitions for ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Part 2 Object of chapter
82 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Part 3 Establishment, name, functions and other matters
83 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
84 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
85 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
86 School councils do not have certain powers . . . . . . . . . . . . . . . . 71
Part 4 Membership
87 Membership of a school council . . . . . . . . . . . . . . . . . . . . . . . . . . 71
88 Number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
89 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
90 Elected members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
91 Coopted student member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
92 Alternative association member . . . . . . . . . . . . . . . . . . . . . . . . . . 73
93 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
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94 Term of office for elected member or appointed member. . . . . . . 74
95 Casual vacancy in office of elected member or appointed
member ..................................... 75
96 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
97 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . 76
Part 5 Constitution
98 Constitution for school council . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
99 Amendment of school council's constitution. . . . . . . . . . . . . . . . . 78
100 Model constitutions for school councils . . . . . . . . . . . . . . . . . . . . 79
Part 6 Council business
101 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
102 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
103 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
104 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
105 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
106 Attendance by proxy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
107 Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Part 7 Application of other laws
108 Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . 82
109 Public Records Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
110 Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 83
111 Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Part 8 Starting up
112 Purpose and application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
113 Initial constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
114 Initial membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
115 First elected members and appointed members . . . . . . . . . . . . . 86
Part 9 Dissolution
116 Dissolution of a school council . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
117 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Part 10 Miscellaneous
118 School council not to establish committee or subcommittee . . . . 87
119 Expense of attending meetings . . . . . . . . . . . . . . . . . . . . . . . . . . 87
120 Minister's power to give directions in the public interest . . . . . . . . 87
121 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
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Chapter 7 Parents and citizens associations
Part 1 Formation, objectives etc. of an association
122 Formation of parents and citizens association . . . . . . . . . . . . . . . 88
123 Formation of interim parents and citizens association . . . . . . . . . 89
124 Objectives of an association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
125 Functions of an association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
126 Dissolution of an association . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Part 2 Officers of an association
127 Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
128 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Part 3 Executive committee of an association
129 Executive committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
130 Restriction on who may be a member of executive committee . . 93
131 Urgent matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Part 4 Business of an association
132 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
133 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Part 5 Subcommittees of an association
134 Subcommittees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Part 6 Constitution of an association
135 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Part 7 Financial provisions
136 Use of money received by association . . . . . . . . . . . . . . . . . . . . . 95
137 Association is statutory body under the Statutory Bodies
Financial Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . 96
138 Financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
139 Audit of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Part 8 Relevant agreements
140 Definition for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
141 Power to enter into relevant agreements . . . . . . . . . . . . . . . . . . . 97
142 President to sign relevant agreement for an association . . . . . . . 97
Part 9 General provisions
143 Regulation may provide for membership . . . . . . . . . . . . . . . . . . . 98
144 Register of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
145 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
146 Association may employ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
147 Mandatory insurance cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
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148 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
149 Notice of claim given under Personal Injuries Proceedings Act
2002, s 9(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
150 Authority of an association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
151 Disclosure of interests by members of an association . . . . . . . . . 100
152 Honorary life membership of an association . . . . . . . . . . . . . . . . 101
Part 10 Removal of members and officers of an association
153 Definitions for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
154 Removal of nominated person . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
155 Grounds for removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
156 Procedure for removal of nominated person . . . . . . . . . . . . . . . . 103
157 Submissions against removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
158 Dealing with submissions against removal. . . . . . . . . . . . . . . . . . 106
Chapter 8 Enrolment at State schools
Part 1 Applications for enrolment
Division 1 Requirements for enrolment
159 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
160 Enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Division 2 Applications relating to prospective students who are a risk
to the safety or wellbeing of certain persons
161 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
162 Not a risk to safety or wellbeing . . . . . . . . . . . . . . . . . . . . . . . . . . 108
163 Risk to safety or wellbeing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
164 Representations about show cause notice. . . . . . . . . . . . . . . . . . 109
165 Ending show cause process without further action . . . . . . . . . . . 109
166 Refusal of enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
167 Time limit on making another application for enrolment . . . . . . . . 110
Division 3 Enrolment at special schools
168 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
169 Meaning of person with a disability . . . . . . . . . . . . . . . . . . . . . . . 110
170 Requirements for enrolment satisfied. . . . . . . . . . . . . . . . . . . . . . 111
171 Requirements for enrolment not satisfied. . . . . . . . . . . . . . . . . . . 112
Part 2 Enrolment agreements
172 Requirements relating to enrolment agreements . . . . . . . . . . . . . 112
Part 3 Enrolment management plans
173 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
174 Preparation of enrolment management plan . . . . . . . . . . . . . . . . 114
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175 Applicant for enrolment--residing in catchment area. . . . . . . . . . 114
176 Applicant for enrolment--residing outside catchment area . . . . . 115
Part 4 Enrolment eligibility plans
177 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
178 Preparation of enrolment eligibility plan . . . . . . . . . . . . . . . . . . . . 116
179 Application for enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Chapter 9 Compulsory schooling
Part 1 Compulsory schooling requirement
Division 1 Parents' obligations
180 Obligation of each parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
181 What is attendance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
182 Notice to, and meeting with, parent . . . . . . . . . . . . . . . . . . . . . . . 118
183 Limits on proceedings against a parent . . . . . . . . . . . . . . . . . . . . 119
Division 2 Chief executive may obtain information from non-State
schools
184 Notice to principal of non-State school. . . . . . . . . . . . . . . . . . . . . 120
185 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Part 2 Flexible arrangements
186 Flexible arrangements--non-State school . . . . . . . . . . . . . . . . . . 121
187 Flexible arrangements--State school. . . . . . . . . . . . . . . . . . . . . . 123
Part 3 Exemption from compliance with compulsory schooling
requirement
Division 1 Preliminary
188 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Division 2 Bases for granting an exemption
189 Attendance is impossible or should not be required. . . . . . . . . . . 124
Division 3 Application process
190 Application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
191 Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
192 Temporary exemption until application is decided . . . . . . . . . . . . 125
193 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
194 Contents of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
195 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
196 Lesser period of exemption than that applied for . . . . . . . . . . . . . 126
Division 4 Cancellation of exemption
197 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
198 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
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199 Representations about show cause notice. . . . . . . . . . . . . . . . . . 127
200 Ending show cause process without further action . . . . . . . . . . . 128
201 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Part 4 Other circumstances in which compulsory schooling
requirement does not apply
202 Activities under Commonwealth law. . . . . . . . . . . . . . . . . . . . . . . 129
203 Home education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
204 Child's exclusion or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . 129
205 Child's illness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
206 Infectious or contagious disease or condition. . . . . . . . . . . . . . . . 131
207 Application for enrolment pending . . . . . . . . . . . . . . . . . . . . . . . . 131
208 Apprentice or trainee under the VETE Act . . . . . . . . . . . . . . . . . . 131
Part 5 Home education
Division 1 Preliminary
209 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
210 Who is eligible for provisional registration or registration . . . . . . . 132
Division 2 Applications for provisional registration
211 Provisional registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Division 3 Applications for registration
212 Procedural requirements for application. . . . . . . . . . . . . . . . . . . . 133
213 Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
214 Chief executive must ensure compliance with procedural
requirements ................................. 134
215 Chief executive may require further information or documents . . 134
216 Child taken to be provisionally registered while application
decided ....................................... 135
217 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
218 Steps to be taken after application decided . . . . . . . . . . . . . . . . . 136
219 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
220 Minimum details to be recorded on certificate of registration . . . . 137
Division 4 Conditions of registration
221 Standard conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
222 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
223 Changing conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
224 Replacing certificate of registration . . . . . . . . . . . . . . . . . . . . . . . 139
Division 5 Cancellation of registration
225 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
226 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
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227 Representations about show cause notice. . . . . . . . . . . . . . . . . . 140
228 Ending show cause process without further action . . . . . . . . . . . 140
229 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
230 Return of cancelled certificate of registration to chief executive. . 141
Division 6 Surrender of provisional registration or registration
231 Surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
232 Obligation to surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Division 7 Miscellaneous
233 Simultaneous enrolment at State school or non-State school
prohibited ....................................... 142
Part 6 Employment of children
234 Employment of child who is of compulsory school age . . . . . . . . 143
Chapter 10 Compulsory participation in education or training
Part 1 Key terms
235 Compulsory participation phase. . . . . . . . . . . . . . . . . . . . . . . . . . 144
236 Eligible options and providers. . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Part 2 Participation in a program or course
237 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
238 What is participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
239 Full-time participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
240 Allowed absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
241 Suspension or exclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Part 3 Participation in an apprenticeship or traineeship
242 Participation in an apprenticeship or traineeship . . . . . . . . . . . . . 147
Part 4 Parents' obligation
243 Obligation to ensure participation. . . . . . . . . . . . . . . . . . . . . . . . . 148
244 Exceptions to obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
245 Notice to, and meeting with, parent . . . . . . . . . . . . . . . . . . . . . . . 149
246 Limits on proceedings against a parent . . . . . . . . . . . . . . . . . . . . 150
Part 5 Exemptions from compliance with compulsory
participation requirements
Division 1 Bases for granting an exemption
247 Explanation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
248 Participation is impossible or should not be required . . . . . . . . . . 151
Division 2 Application process
249 Application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
250 Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
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251 Temporary exemption until application is decided . . . . . . . . . . . . 153
252 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
253 Contents of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
254 Imposition of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
255 Lesser period of exemption than that applied for . . . . . . . . . . . . . 154
Chapter 11 Student accounts
Part 1 Preliminary
256 Explanation and purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Part 2 Opening student accounts for young persons of
compulsory school age
257 When an account must be opened. . . . . . . . . . . . . . . . . . . . . . . . 155
258 Who must open an account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
259 How an account is opened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
260 Young person's telephone number . . . . . . . . . . . . . . . . . . . . . . . . 156
Part 3 Student account phase
261 The student account phase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
262 Obligation to notify enrolment. . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
263 Obligation to open an account . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
264 Young person's telephone number . . . . . . . . . . . . . . . . . . . . . . . . 158
265 Obligation to notify other matters . . . . . . . . . . . . . . . . . . . . . . . . . 158
266 Chief executive of VETE department may give notice on behalf
of certain providers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Part 4 Use and disclosure of information
267 Use and disclosure by the QSA . . . . . . . . . . . . . . . . . . . . . . . . . . 159
268 Disclosure by chief executive to appropriate entities . . . . . . . . . . 161
Part 5 Involvement of certain non-State school entities
269 Entities to which this part applies . . . . . . . . . . . . . . . . . . . . . . . . . 162
270 Consultation about planning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
271 Consultation about proposed regulations. . . . . . . . . . . . . . . . . . . 162
272 Aggregated information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
Part 6 Miscellaneous
273 Student visa holder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
274 Closing of account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
275 Transitional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
276 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
277 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
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Chapter 12 Good order and management of State educational
institutions and non-State schools
Part 1 Preliminary
278 Definition for ch 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Part 2 Behaviour plans for State schools
279 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
280 Requirement for approved behaviour plan for a State school . . . 166
281 Principal is responsible for developing behaviour plan. . . . . . . . . 166
282 Implementation of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
283 Review of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
284 Plan to be available for inspection . . . . . . . . . . . . . . . . . . . . . . . . 167
285 Copies of plan to be given to parents and students . . . . . . . . . . . 167
286 Copy of plan to be given to applicant for enrolment . . . . . . . . . . . 168
Part 3 Detention of students enrolled at State schools
287 Detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Part 4 Suspension, exclusion and cancellation of enrolment of,
and behaviour improvement conditions for, State school
students
Division 1 Suspension of students
288 Grounds for suspension of student. . . . . . . . . . . . . . . . . . . . . . . . 169
289 Suspension of student . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
290 Continuing education during suspension . . . . . . . . . . . . . . . . . . . 171
291 Submissions against suspensions for more than 5 school days . 171
292 Dealing with submissions against suspensions . . . . . . . . . . . . . . 171
Division 2 Exclusion of students by principals' supervisors
293 Grounds for exclusion of student by principal's supervisor. . . . . . 172
294 Suspension pending dealing with recommendation for exclusion 172
295 Continuing education during suspension . . . . . . . . . . . . . . . . . . . 174
296 Submissions against suspension and recommendation for
exclusion ........................................ 174
297 Exclusion of student by principal's supervisor . . . . . . . . . . . . . . . 175
298 Decision not to exclude student . . . . . . . . . . . . . . . . . . . . . . . . . . 176
299 Meeting with excluded student's parent . . . . . . . . . . . . . . . . . . . . 177
300 Effect of exclusion on enrolment . . . . . . . . . . . . . . . . . . . . . . . . . 177
Division 3 Exclusion of students by chief executive
301 Chief executive's power to exclude student . . . . . . . . . . . . . . . . . 178
302 Grounds for exclusion of student by chief executive. . . . . . . . . . . 178
303 Grounds for exclusion of mature age student by chief executive . 178
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304 Suspension pending final decision about exclusion . . . . . . . . . . . 179
305 Submissions against proposed exclusion. . . . . . . . . . . . . . . . . . . 180
306 Exclusion of student by chief executive . . . . . . . . . . . . . . . . . . . . 181
307 Effect of exclusion on enrolment . . . . . . . . . . . . . . . . . . . . . . . . . 182
308 Continuing education of certain excluded student . . . . . . . . . . . . 182
Division 4 Exclusion of prospective students by chief executive
309 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
310 Risk to safety or wellbeing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
311 Representations about show cause notice. . . . . . . . . . . . . . . . . . 183
312 Ending show cause process without further action . . . . . . . . . . . 184
313 Exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
314 Continuing education of certain excluded student . . . . . . . . . . . . 185
Division 5 Review of particular exclusion decisions
315 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
316 Submission against exclusion decision . . . . . . . . . . . . . . . . . . . . 186
317 Dealing with submissions against exclusions. . . . . . . . . . . . . . . . 186
Division 6 Periodic review of certain decisions to exclude permanently
318 Periodic review of decision to exclude permanently on ground
mentioned in s 293 or 302--person under 17 years . . . . . . . . . . 188
319 Periodic review of decision to exclude permanently on ground
mentioned in s 293 or 302--person aged from 17 to 24 years . . 190
Division 7 Cancellation of enrolment of students above compulsory
school age
320 Ground for cancelling enrolment of student more than
compulsory school age. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
321 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
322 Representations about show cause notice. . . . . . . . . . . . . . . . . . 193
323 Ending show cause process without further action . . . . . . . . . . . 193
324 Cancellation of student's enrolment . . . . . . . . . . . . . . . . . . . . . . . 193
325 Submission against cancellation of enrolment . . . . . . . . . . . . . . . 194
326 Dealing with submission against cancellation of enrolment . . . . . 195
Division 8 Behaviour improvement conditions
327 Definitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
328 Imposition of behaviour improvement condition by principal . . . . 196
329 Review of decision about imposition of behaviour improvement
condition ..................................... 197
330 Removal of behaviour improvement condition . . . . . . . . . . . . . . . 198
331 Change of behaviour improvement condition . . . . . . . . . . . . . . . . 198
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Division 9 Other provisions
332 Definitions for div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
333 No entitlement to enrolment at another State school during
suspension ..................................... 200
334 Copy of notices under this part to be given to parent . . . . . . . . . . 200
335 Submissions, representations or applications about suspensions
etc. ............................................ 200
336 When decisions take effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
Part 5 Wilful disturbance and trespass at State educational
institutions
337 Wilful disturbance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
338 Trespass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Part 6 Directions and orders about conduct or movement at, or
entry to, premises of State instructional institutions
Division 1 Preliminary
339 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Division 2 Powers relating to name and address
340 Person may be required to state name and address . . . . . . . . . . 202
Division 3 Directions about conduct or movement at premises of State
instructional institutions
341 Direction about conduct or movement . . . . . . . . . . . . . . . . . . . . . 203
342 Review of direction under s 341 . . . . . . . . . . . . . . . . . . . . . . . . . . 204
Division 4 Directions to leave and not re-enter premises of State
instructional institutions for 24 hours
343 Direction to leave and not re-enter . . . . . . . . . . . . . . . . . . . . . . . . 205
Division 5 Prohibition from entering premises of State instructional
institutions for up to 60 days
344 Prohibition from entering premises. . . . . . . . . . . . . . . . . . . . . . . . 206
Division 6 Prohibition from entering premises of State instructional
institutions for more than 60 days, but not more than 1 year
345 Prohibition from entering premises. . . . . . . . . . . . . . . . . . . . . . . . 208
346 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Part 7 Directions and orders about conduct or movement at, or
entry to, premises of non-State schools
Division 1 Preliminary
347 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
Division 2 Powers relating to name and address
348 Person may be required to state name and address . . . . . . . . . . 209
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Division 3 Directions about conduct or movement at premises of
non-State schools
349 Review body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
350 Direction about conduct or movement . . . . . . . . . . . . . . . . . . . . . 210
351 Review of direction under s 350 . . . . . . . . . . . . . . . . . . . . . . . . . . 211
Division 4 Directions to leave and not re-enter premises of non-State
schools for 24 hours
352 Direction to leave and not re-enter . . . . . . . . . . . . . . . . . . . . . . . . 212
Division 5 Prohibition from entering premises of non-State schools for
up to 60 days
353 Prohibition from entering premises. . . . . . . . . . . . . . . . . . . . . . . . 213
Division 6 Prohibition from entering premises of non-State schools for
more than 60 days, but not more than 1 year
354 Prohibition from entering premises. . . . . . . . . . . . . . . . . . . . . . . . 214
355 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
Part 8 Prohibition from entering premises of all State instructional
institutions and non-State schools for up to 1 year
356 Prohibition from entering premises of all State instructional
institutions and non-State schools . . . . . . . . . . . . . . . . . . . . . . . . 215
357 Prohibition from entering premises of all State instructional
institutions ...................................... 215
358 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
Part 9 Provisions relating to parts 6 to 8
359 Non-application of pts 6 and 7 to particular persons . . . . . . . . . . 216
360 Notification of application or direction. . . . . . . . . . . . . . . . . . . . . . 216
361 Noncompliance with court order. . . . . . . . . . . . . . . . . . . . . . . . . . 217
362 Annual report of department to include report on various matters 217
363 Non-State school's governing body to give particular
information to Minister .............................. 218
Part 10 Dress code
364 Development of dress code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
365 Guidelines for dress code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
366 Noncompliance with dress code. . . . . . . . . . . . . . . . . . . . . . . . . . 220
367 Dress code to be available for inspection . . . . . . . . . . . . . . . . . . . 221
Part 11 Reporting of sexual abuse
368 Definition for pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
369 Obligation to report sexual abuse of student under 18 years
attending State school . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
370 Obligation to report sexual abuse of student under 18 years
attending non-State school. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
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Chapter 13 Schools in receipt of subsidy
Part 1 Preliminary
371 Definitions for ch 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
Part 2 Scholarships and allowances
372 Provision of scholarships and payment of allowances . . . . . . . . . 224
373 Minister's policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
Part 3 Financial data
374 Requirement to give financial data . . . . . . . . . . . . . . . . . . . . . . . . 226
375 Further information or documents relating to financial data . . . . . 227
376 False or misleading information or documents. . . . . . . . . . . . . . . 227
377 Confidentiality of financial data. . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Part 4 Giving of allowance acquittal details
378 Allowance acquittal details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
379 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
380 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
381 Representations about show cause notice. . . . . . . . . . . . . . . . . . 229
382 Ending show cause process without further action . . . . . . . . . . . 230
383 Recommendation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
384 Decision of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
385 Minister's discretion not limited. . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Part 5 Other provisions
386 False or misleading statement . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Chapter 14 Transfer notes
Part 1 Preliminary
387 Definition for ch 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
388 Meaning of transfer note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
389 Purpose of giving transfer note . . . . . . . . . . . . . . . . . . . . . . . . . . 232
Part 2 Request for transfer notes
390 Cessation of enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
391 Application for enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
392 Transfer of records between State schools . . . . . . . . . . . . . . . . . 236
Part 3 Protection from liability
393 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
Chapter 15 Reviews and appeals
Part 1 Reviews of decisions by chief executive
394 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
395 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
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396 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Part 2 Appeal against review decisions
397 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
398 Appeal to Magistrates Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
399 Conduct of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
Part 3 Appeals against directions under s 344 or 353
400 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
401 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
402 Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
403 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
404 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
Part 4 Appeal against decision under s 69, 72, 158, 306(4) or 313(6)
405 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
406 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
Chapter 16 Legal proceedings
Part 1 Evidence
407 Application of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
408 Definition for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
409 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
410 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
411 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
Part 2 Offence proceedings
412 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . 245
413 Statement of complainant's knowledge . . . . . . . . . . . . . . . . . . . . 245
414 Evidence of chief executive's consent . . . . . . . . . . . . . . . . . . . . . 245
Chapter 17 Minister's powers
415 Power of Minister to be member of entity . . . . . . . . . . . . . . . . . . . 245
416 Establishment of advisory committees . . . . . . . . . . . . . . . . . . . . . 246
417 Forming or establishing entities for furthering education . . . . . . . 246
Chapter 18 International educational institutions
418 Definitions for ch 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
419 Limitation on operation of international educational institution. . . 247
420 Recommendation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
421 Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
422 Criminal history reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
423 Payment of allowances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
18
Education (General Provisions) Bill 2006
Chapter 19 Miscellaneous
424 Special education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
425 Transportation assistance for certain students . . . . . . . . . . . . . . . 250
426 Grants to entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
427 Annual reporting by State school's principal or non-State
school's governing body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
428 Parent and teacher discussions . . . . . . . . . . . . . . . . . . . . . . . . . . 251
429 Student reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
430 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
431 Homework guidelines for State schools . . . . . . . . . . . . . . . . . . . . 254
432 Collection of demographic information . . . . . . . . . . . . . . . . . . . . . 255
433 Chief executive's directions about State school records and
reports ...................................... 255
434 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
435 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
436 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
437 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
438 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
Chapter 20 Repeal, validations and transitional provisions
Part 1 Repeal of Acts
439 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
Part 2 Validations
440 Validation of fee waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
Part 3 Transitional provisions
441 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
442 References to repealed Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
443 Dissolution of corporation sole . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
444 Vesting of assets, rights and liabilities of corporation sole . . . . . . 258
445 Legal proceedings involving the corporation sole. . . . . . . . . . . . . 259
446 References to corporation sole . . . . . . . . . . . . . . . . . . . . . . . . . . 259
447 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
448 Power of Minister to be member of committees etc.. . . . . . . . . . . 259
449 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
450 State educational institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
451 Curriculum framework and directions . . . . . . . . . . . . . . . . . . . . . . 260
452 Chief executive's directions about State school records and
reports ....................................... 261
453 Instruction in a religious or other belief. . . . . . . . . . . . . . . . . . . . . 261
19
Education (General Provisions) Bill 2006
454 Application for mature age student notices . . . . . . . . . . . . . . . . . 262
455 Currency of positive notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
456 Review of decision to issue negative notice . . . . . . . . . . . . . . . . . 262
457 Behaviour plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
458 Time limit on new application for mature age student notice . . . . 263
459 Suspension of student . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
460 Submission against suspension for more than 5 days . . . . . . . . . 263
461 Dealing with submissions against suspension for more than 5
days ......................................... 263
462 Recommendation to principal's supervisor of exclusion of
student ....................................... 264
463 Suspension pending dealing with recommendation for exclusion 264
464 Submissions against suspension and recommendation for
exclusion ...................................... 264
465 Exclusion of student by principal's supervisor . . . . . . . . . . . . . . . 264
466 Suspension pending final decision about exclusion . . . . . . . . . . . 264
467 Submissions against proposed exclusion. . . . . . . . . . . . . . . . . . . 265
468 Exclusion of student by chief executive . . . . . . . . . . . . . . . . . . . . 265
469 Submission against exclusion decision . . . . . . . . . . . . . . . . . . . . 265
470 Dealing with submissions against exclusions. . . . . . . . . . . . . . . . 265
471 Periodic review of decision to exclude . . . . . . . . . . . . . . . . . . . . . 265
472 Dealing with submissions about whether exclusion should be
revoked ....................................... 266
473 Cancellation of student's enrolment . . . . . . . . . . . . . . . . . . . . . . . 266
474 Submission against cancellation of enrolment . . . . . . . . . . . . . . . 266
475 Dealing with submissions against cancellation of enrolment . . . . 266
476 Submissions about suspensions, exclusions or cancellations . . . 267
477 Directions about conduct or movement at premises of State
instructional institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
478 Directions to leave and not re-enter premises of State
instructional institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
479 Prohibition from entering premises of State instructional
institutions .................................... 268
480 Directions about conduct or movement at premises of non-State
schools ....................................... 269
481 Directions to leave and not re-enter premises of non-State
schools ....................................... 269
482 Prohibition from entering premises of non-State schools. . . . . . . 270
483 Prohibition from entering premises of all State instructional
institutions and non-State schools . . . . . . . . . . . . . . . . . . . . . . . . 270
20
Education (General Provisions) Bill 2006
484 Prohibition from entering premises of all State instructional
institutions .................................... 270
485 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
486 Department's annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
487 Non-State school's governing body to give particular information
to Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
488 Provisions about school councils . . . . . . . . . . . . . . . . . . . . . . . . . 271
489 Provisions about parents and citizens associations . . . . . . . . . . . 272
490 Provisions about enrolment at State schools . . . . . . . . . . . . . . . . 274
491 Transitional provision for compulsory education. . . . . . . . . . . . . . 275
492 Exemption from compliance with compulsory enrolment and
attendance provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
493 Application for exemption from compliance with compulsory
enrolment and attendance provisions . . . . . . . . . . . . . . . . . . . . . 276
494 Particular dispensation from compliance with compulsory
enrolment and attendance provisions . . . . . . . . . . . . . . . . . . . . . 276
495 Particular application for exemption from compliance with
compulsory enrolment and attendance provisions . . . . . . . . . . . . 276
496 Dispensation from requirement to participate in an eligible
option ....................................... 277
497 Home schooling dispensation from requirement to participate in
an eligible option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
498 Application for exemption from requirement to participate in an
eligible option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
499 Application for home schooling exemption from requirement to
participate in an eligible option . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
500 Flexible arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
501 Principal's decision about student's remaining allocation. . . . . . . 278
502 Notice about student's remaining allocation . . . . . . . . . . . . . . . . . 278
503 Application for extra semesters if no remaining allocation . . . . . . 279
504 Notice about student's extra semesters . . . . . . . . . . . . . . . . . . . . 279
505 Submissions against decisions about allocation of semesters or
application for extra semesters. . . . . . . . . . . . . . . . . . . . . . . . . . . 279
506 Dealing with submissions against decisions about allocation of
semesters or application for extra semesters . . . . . . . . . . . . . . . . 279
507 Notice about decisions about allocation of semesters or
application for extra semesters. . . . . . . . . . . . . . . . . . . . . . . . . . . 280
508 Application for further semesters if no remaining allocation and
after extra semesters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
509 Notice about student's further semesters . . . . . . . . . . . . . . . . . . . 280
510 Financial data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
21
Education (General Provisions) Bill 2006
511 Finalising show cause process relating to allowances paid for
non-State schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
512 International educational institutions . . . . . . . . . . . . . . . . . . . . . . 282
513 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
514 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 282
Chapter 21 Amendment of Acts
515 Consequential and other amendments of Acts . . . . . . . . . . . . . . 283
Schedule 1 Consequential and other amendments of Acts . . . . . . . . . . . 284
Agricultural College Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
Anti-Discrimination Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
Associations Incorporation Act 1981 . . . . . . . . . . . . . . . . . . . . . . 284
Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
Charitable and Non-Profit Gaming Act 1999 . . . . . . . . . . . . . . . . 285
Child Care Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
Child Employment Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
Child Protection Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288
Collections Act 1966. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288
Commission for Children and Young People and Child Guardian
Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . 290
Criminal Offence Victims Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . 291
Drugs Misuse Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
Duties Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
Education (Accreditation of Non-State Schools) Act 2001 . . . . . . 292
Education (Capital Assistance) Act 1993 . . . . . . . . . . . . . . . . . . . 293
Education (Overseas Students) Act 1996 . . . . . . . . . . . . . . . . . . 293
Education (Queensland College of Teachers) Act 2005. . . . . . . . 294
Education (Queensland Studies Authority) Act 2002 . . . . . . . . . . 294
Education (Work Experience) Act 1996 . . . . . . . . . . . . . . . . . . . . 296
Food Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 298
Grammar Schools Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
Petroleum and Gas (Production & Safety) Act 2004 . . . . . . . . . . 300
Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
22
Education (General Provisions) Bill 2006
Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
Public Service Act 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . 302
Vocational Education, Training and Employment Act 2000 . . . . . 302
Weapons Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
Whistleblowers Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 304
Schedule 2 Amendments commencing on 1 January 2007 . . . . . . . . . . . 306
Child Care Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
Education (Accreditation of Non-State Schools) Act 2001 . . . . . . 307
Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . 317
Education (Queensland College of Teachers) Act 2005. . . . . . . . 320
Education (Queensland Studies Authority) Act 2002 . . . . . . . . . . 321
Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
Schedule 3 Amendments commencing on 1 January 2008 . . . . . . . . . . . 324
Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . 324
Schedule 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
2006
A Bill
for
An Act about the education of children and the participation of
young people in education and training, and for other purposes
s1 24 s4
Education (General Provisions) Bill 2006
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Part 1 Introduction 3
1 Short title 4
This Act may be cited as the Education (General Provisions) 5
Act 2006. 6
2 Commencement 7
(1) Section 515(2) and schedule 2 commence on 1 January 2007. 8
(2) Section 515(3) and schedule 3 commence on 1 January 2008. 9
(3) Subject to subsections (1) and (2), this Act commences on a 10
day to be fixed by proclamation. 11
Part 2 Application 12
3 Act binds all persons 13
(1) This Act binds all persons including the State and, as far as 14
the legislative power of the Parliament permits, the 15
Commonwealth and the other States. 16
(2) Subsection (1) does not make the State, the Commonwealth or 17
another State liable to be prosecuted for an offence. 18
4 Interaction with other legislation 19
(1) This Act includes-- 20
s5 25 s5
Education (General Provisions) Bill 2006
(a) provisions requiring young people to continue their 1
schooling until they are 16 years or have completed year 2
10, whichever happens first; and 3
(b) provisions requiring young people to continue in 4
education and training for a further period for the 5
purpose of achieving a senior certificate, certificate III 6
or certificate IV. 7
(2) The VETE Act includes provisions about some of the eligible 8
options available to young people during this further period of 9
learning. 10
(3) The QSA Act includes provisions about keeping student 11
accounts for young people to record their participation in 12
education and training. 13
Part 3 Objects 14
5 Objects of Act 15
(1) The objects of this Act are-- 16
(a) to make available to each Queensland child or young 17
person a high-quality education that will-- 18
(i) help maximise his or her educational potential; and 19
(ii) enable him or her to become an effective and 20
informed member of the community; and 21
(b) to provide universal access to high quality State 22
education; and 23
(c) for chapters 10 and 111-- 24
(i) to implement initiatives to ensure young people 25
participate in a period of education or training after 26
they turn 16 years or complete year 10; and 27
1 Chapters 10 (Compulsory participation in education or training) and 11 (Student
accounts)
s6 26 s6
Education (General Provisions) Bill 2006
(ii) to outline a range of education and training options 1
for them during this period; and 2
(iii) to provide for their participation and learning 3
achievements during this period to be recorded. 4
(2) The objects are to be achieved mainly by-- 5
(a) placing responsibilities on parents and the State in 6
relation to the education of children and young people; 7
and 8
(b) providing for the establishment of State educational 9
institutions, and facilitating their operation as safe and 10
supportive learning environments; and 11
(c) ensuring education programs are responsive to the 12
individual needs of children and young people; and 13
(d) encouraging a parent's involvement in his or her child's 14
education; and 15
(e) encouraging parental and community involvement in the 16
operation of State educational institutions by enabling-- 17
(i) the establishment of school councils for State 18
schools; and 19
(ii) the formation of parents and citizens associations 20
for State instructional institutions. 21
6 Activities to achieve objects of chs 10 and 11 22
To achieve the objects mentioned in section 5(1)(c), the chief 23
executive may-- 24
(a) carry on the following activities (planning activities)-- 25
(i) monitoring the operation and effectiveness of 26
chapters 10 and 11; 27
(ii) carrying out planning relating to the matters dealt 28
with under chapters 10 and 11; 29
(iii) developing strategies to better achieve the objects 30
of chapters 10 and 11; and 31
(b) carry on the following activities (re-engagement 32
activities)-- 33
s7 27 s7
Education (General Provisions) Bill 2006
(i) identifying young persons in the compulsory 1
participation phase who are not participating 2
full-time in an eligible option; 3
(ii) giving them information about the options 4
available to them; 5
(iii) encouraging them to participate in a way that 6
achieves the best learning outcomes for them; 7
(iv) encouraging and helping their parents to play a role 8
in the matters stated in subparagraphs (i) to (iii). 9
Part 4 Guiding principles for 10
achieving Act's objects 11
7 Guiding principles 12
The principles intended to guide the achievement of this Act's 13
objects are the following-- 14
(a) parents have the responsibility of choosing a suitable 15
education environment for their children; 16
(b) education should be provided to a child or young person 17
in a way that-- 18
(i) provides positive learning experiences; and 19
(ii) promotes a safe and supportive learning 20
environment; and 21
(iii) recognises his or her educational needs; 22
(c) children and young people should be actively involved 23
in decisions affecting them to the extent that is 24
appropriate having regard to their age and ability to 25
understand; 26
(d) the State, parents, teachers, school communities and 27
non-government entities should work collaboratively to 28
foster a commitment to achieving the best educational 29
outcomes for children and young people; 30
(e) for chapters 10 and 11-- 31
s8 28 s9
Education (General Provisions) Bill 2006
(i) the State should develop practical ways to improve 1
the social, educational and employment outcomes 2
of young people, including, in particular, those 3
who are at risk of disengaging from education and 4
training; and 5
(ii) the State should foster a community commitment 6
to young people by involving members of the 7
community and community organisations in-- 8
(A) developing education and training 9
opportunities for young people; and 10
(B) re-engaging young people in education and 11
training; and 12
(C) developing ways to improve the social 13
outcomes of young people; and 14
(iii) the State should work with parents to achieve the 15
best outcomes for young people; and 16
(iv) the State should work in consultation with 17
non-government entities to achieve the objects of 18
chapters 10 and 11. 19
Part 5 Interpretation 20
8 Definitions 21
The dictionary in schedule 4 defines particular words used in 22
this Act. 23
9 Meaning of compulsory school age 24
(1) A child is of compulsory school age if the child is at least 6 25
years and less than 16 years. 26
(2) However, a child is no longer of compulsory school age if the 27
child has completed year 10. 28
s 10 29 s 11
Education (General Provisions) Bill 2006
10 Meaning of parent 1
(1) A parent, of a child, is any of the following persons-- 2
(a) the child's mother; 3
(b) the child's father; 4
(c) a person who exercises parental responsibility for the 5
child. 6
(2) However, a person standing in the place of a parent of a child 7
on a temporary basis is not a parent of the child. 8
(3) A parent of an Aboriginal child includes a person who, under 9
Aboriginal tradition, is regarded as a parent of the child. 10
(4) A parent of a Torres Strait Islander child includes a person 11
who, under Island custom, is regarded as a parent of the child. 12
(5) Despite subsections (1), (3) and (4), if-- 13
(a) a person is granted guardianship of a child under the 14
Child Protection Act 1999; or 15
(b) a person otherwise exercises parental responsibility for a 16
child under a decision or order of a federal court or a 17
court of a State; 18
then a reference in this Act to a parent of a child is a reference 19
only to a person mentioned in paragraph (a) or (b). 20
11 Meaning of basic allocation, remaining allocation etc. 21
(1) Basic allocation is the allocation of 24 semesters of State 22
education. 23
(2) Some students do not have the basic allocation but another 24
number of semesters of State education is allocated to the 25
student by a State school's principal. 26
(3) Remaining allocation, for a student, is-- 27
(a) if the student was a student with a basic allocation--the 28
basic allocation less the number of semesters of State 29
education provided to the student; or 30
(b) if the student did not have a basic allocation--the 31
number of semesters allocated to the student under 32
s 12 30 s 12
Education (General Provisions) Bill 2006
section 61 less the number of semesters of State 1
education provided to the student. 2
(4) Neither basic allocation nor remaining allocation includes an 3
extra semester granted under chapter 4, part 3 or further 4
semester granted under chapter 4, part 5. 5
Chapter 2 State educational 6
institutions 7
Part 1 State education 8
12 Provision of State education 9
(1) For each student attending a State instructional institution, 10
there must be provided an educational program approved by 11
the Minister that-- 12
(a) has regard to-- 13
(i) the age, ability, aptitude and development of the 14
student; and 15
(ii) whether enrolment in the educational program is 16
compulsory or non-compulsory; and 17
(b) is an integral element within the total range of 18
educational services offered with the prior approval of 19
the Minister; and 20
(c) takes account, and promotes continuity, of the student's 21
learning experiences; and 22
(d) recognises, and takes account of, the nature of 23
knowledge. 24
(2) The duration of the educational program must be based on the 25
basic allocation for a student. 26
s 13 31 s 16
Education (General Provisions) Bill 2006
Part 2 Establishment and naming of 1
State educational institutions 2
13 Power to establish State schools 3
The Minister may establish schools at which the State 4
provides primary, secondary or special education. 5
14 Power to establish institutions that provide educational 6
instruction to persons enrolled at State schools 7
The Minister may establish institutions at which the State 8
provides educational instruction to persons enrolled at State 9
schools as an adjunct to the educational programs provided to 10
the persons at the State schools, including, for example-- 11
(a) environmental education centres; and 12
(b) outdoor education centres. 13
15 Power to establish other educational institutions 14
If the Minister considers it necessary or convenient for the 15
purposes of this Act, the Minister may establish educational 16
institutions other than State instructional institutions, 17
including, for example-- 18
(a) centres for the support and development of teachers and 19
officers of the department; and 20
(b) student hostels or student residential colleges. 21
16 Naming, and changing of name, of a State educational 22
institution 23
The Minister may name, and change the name of, a State 24
educational institution. 25
s 17 32 s 19
Education (General Provisions) Bill 2006
Part 3 Amalgamation or closure of 1
State schools 2
17 Definition for pt 3 3
In this part-- 4
closure, of a State school, does not include the following-- 5
(a) the temporary closure of the school; 6
(b) the permanent closure of the school if the Minister is 7
reasonably satisfied exceptional circumstances exist that 8
justify the closure. 9
18 Notice of proposed closure or amalgamation 10
If the Minister proposes closing a State school or 11
amalgamating 2 or more State schools, the Minister must 12
publish a notice about the proposal in the gazette. 13
19 Consultation 14
(1) Before closing a State school, there must be adequate 15
consultation by the Minister with each of the following-- 16
(a) the school community; 17
(b) if there is a school council for the school--the school 18
council; 19
(c) if there is an association formed for the school--the 20
association. 21
(2) Before amalgamating 2 or more State schools, there must be 22
adequate consultation by the Minister with each of the 23
following-- 24
(a) the school communities; 25
(b) if there is a school council established for any of the 26
schools--the school council; 27
(c) if there is an association formed for any of the 28
schools--the association. 29
s 20 33 s 22
Education (General Provisions) Bill 2006
20 Time to elapse before closure or amalgamation 1
If notice about a proposed closure of a State school or 2
amalgamation of 2 or more State schools is published under 3
section 18, the closure or amalgamation must not happen 4
earlier than 6 months after the publication. 5
Part 4 Bases for education provided, 6
and testing, at State 7
instructional institutions 8
21 Curriculum framework for State instructional institutions 9
(1) The Minister may decide on a curriculum framework that is to 10
apply to a State instructional institution. 11
(2) In this section-- 12
curriculum framework means the framework under which the 13
institution's principal may decide the range of learning 14
experiences to be offered to students attending the institution. 15
22 Development and revision of 112 syllabuses and 16
preschool guidelines 17
(1) The Minister may develop and revise 112 syllabuses and 18
preschool guidelines. 19
(2) In this section-- 20
112 syllabuses means syllabuses for areas of learning in 1 or 21
more of the years 1 to 12 years of schooling. 22
area of learning includes-- 23
(a) a subject; and 24
(b) a vocational education program. 25
preschool guidelines means guidelines for the preschool year 26
of schooling. 27
s 23 34 s 23
Education (General Provisions) Bill 2006
23 Implementation of syllabus, course or preschool 1
guideline at State instructional institutions 2
(1) In providing education in an area of learning, a State 3
instructional institution may only implement-- 4
(a) an approved syllabus or accredited syllabus for the area 5
of learning; or 6
(b) for an institution that is a registered training 7
organisation--an accredited course. 8
(2) The Minister may direct the principal of a State instructional 9
institution to ensure the institution provides education in a 10
stated area of learning. 11
(3) The Minister may direct the principal of a State instructional 12
institution that, in providing education in an area of learning, 13
the institution must implement-- 14
(a) a stated approved syllabus or accredited syllabus for the 15
area of learning; or 16
(b) for an institution that is a registered training 17
organisation--a stated accredited course. 18
(4) The Minister may direct the principal of a State instructional 19
institution that, in providing education in the preschool year 20
of schooling, the institution must implement a stated approved 21
preschool guideline or accredited preschool guideline. 22
(5) In this section-- 23
accredited course means a course accredited under the VETE 24
Act. 25
accredited preschool guideline means a preschool guideline, 26
accredited by the QSA under the QSA Act, for the preschool 27
year of schooling. 28
accredited syllabus, for an area of learning, means a 112 29
syllabus accredited by the QSA under the QSA Act for the 30
area of learning. 31
approved preschool guideline means a preschool guideline 32
developed or revised, and approved, by the QSA under the 33
QSA Act for the preschool year of schooling. 34
s 24 35 s 25
Education (General Provisions) Bill 2006
approved syllabus, for an area of learning, means a 112 1
syllabus developed or revised, and approved, by the QSA 2
under the QSA Act for the area of learning. 3
area of learning includes-- 4
(a) a subject; and 5
(b) a vocational education program. 6
24 Direction by Minister about tests 7
(1) The Minister may direct the principal of a State instructional 8
institution, providing education to students in the year of 9
schooling to which an approved test or common national test 10
relates, to administer the test at the institution. 11
(2) In this section-- 12
approved test means a test, relating to a year of schooling, 13
developed or revised by the QSA under the QSA Act. 14
common national test means a common national test stated in 15
the regulations made under the Schools Assistance (Learning 16
Together--Achievement Through Choice and Opportunity) 17
Act 2004 (Cwlth), section 19(4).2 18
Part 5 Provisions relating to mature 19
age students 20
Division 1 Preliminary 21
25 Definitions for pt 5 22
In this part-- 23
2 Schools Assistance (Learning Together--Achievement Through Choice and
Opportunity) Act 2004 (Cwlth), section 19 (Specific condition--educational
accountability)
s 26 36 s 27
Education (General Provisions) Bill 2006
charge, for an offence, in relation to a charge made outside 1
Queensland, means any allegation of an offence made in a 2
way that is the same as, or substantially the same as, a charge 3
under the law of the State. 4
criminal history, of a person, means-- 5
(a) every conviction of the person for an offence, in 6
Queensland or elsewhere, at any time and whether 7
before or after the commencement of this part; and 8
(b) every charge made against the person for an offence, in 9
Queensland or elsewhere, at any time and whether 10
before or after the commencement of this part and 11
whatever the outcome of the charge. 12
mature age State school means a State school other than-- 13
(a) a school of distance education; or 14
(b) a special school. 15
mature age student, in relation to a mature age State school, 16
means an adult enrolled with the school. 17
mature age student notice means a mature age student notice 18
issued under section 29. 19
negative notice see section 29(1)(b). 20
positive notice see section 29(1)(a). 21
26 This part applies despite the Criminal Law (Rehabilitation 22
of Offenders) Act 1986 23
This part applies to a person despite anything in the Criminal 24
Law (Rehabilitation of Offenders) Act 1986. 25
Division 2 Obligation relating to mature age 26
student notices 27
27 Obligation of mature age State school's principal 28
(1) A mature age State school's principal must not enrol a person 29
as a mature age student with the school unless the person has a 30
current positive notice for the enrolment. 31
s 28 37 s 28
Education (General Provisions) Bill 2006
(2) Subsection (1) does not apply if-- 1
(a) the person has previously been enrolled with a non-State 2
school or State educational institution (the previous 3
school or institution) and on the day of enrolment was a 4
child; and 5
(b) the period commencing on the last day of attendance of 6
the person at the previous school or institution and 7
ending on the day before the proposed first day of 8
attendance of the person at the mature age State school 9
is not more than 12 months. 10
(3) Also, subsection (1) does not apply to a student visa holder. 11
Division 3 Issue of mature age student notices 12
28 Application for mature age student notice 13
(1) A person, other than a student visa holder, who wishes to be a 14
mature age student of a particular mature age State school 15
may apply to the chief executive for a mature age student 16
notice stating whether the person is a suitable person to be a 17
mature age student of the school. 18
(2) The application must be-- 19
(a) in the approved form; and 20
(b) signed by the person; and 21
(c) accompanied by the fee prescribed under a regulation. 22
(3) The approved form must include provision for identifying 23
information about the person. 24
(4) The person may give the chief executive notice of the 25
withdrawal of the application at any time before it is decided. 26
(5) On receiving the application, the chief executive may ask the 27
person, orally or in writing, for further information that the 28
chief executive reasonably needs to establish the person's 29
identity. 30
(6) The person is taken to have withdrawn the application if-- 31
(a) the chief executive gives the person a notice-- 32
s 29 38 s 29
Education (General Provisions) Bill 2006
(i) asking the person to provide, within a reasonable 1
stated time, stated information that the chief 2
executive reasonably needs to establish the 3
person's identity; and 4
(ii) warning the person that, if the person does not 5
comply with the request, the person's application 6
will be taken to have been withdrawn; and 7
(b) the person does not comply with the request within the 8
stated time; and 9
(c) the chief executive can not establish with certainty the 10
person's identity; and 11
(d) the chief executive gives the person a notice stating that 12
the person is taken to have withdrawn the application. 13
29 Decision on application 14
(1) The chief executive must decide the application, as soon as 15
practicable after receiving it, by issuing-- 16
(a) a mature age student notice declaring the person to be a 17
suitable person to be a mature age student of the school 18
(a positive notice); or 19
(b) a mature age student notice declaring the person to be an 20
unsuitable person to be a mature age student of the 21
school (a negative notice). 22
(2) If the chief executive is not aware of any convictions or 23
charges of the person for any offence, the chief executive must 24
issue a positive notice. 25
(3) Subsection (4) applies if the chief executive is aware of-- 26
(a) a conviction of the person for an offence, other than a 27
serious offence; or 28
(b) a charge of the person for an offence. 29
(4) The chief executive must issue a positive notice unless the 30
chief executive is satisfied it is an exceptional case in which it 31
would not be in the best interests of children for the chief 32
executive to issue a positive notice. 33
s 30 39 s 30
Education (General Provisions) Bill 2006
(5) If the chief executive is aware of a conviction of the person for 1
a serious offence, the chief executive must issue a negative 2
notice unless the chief executive is satisfied it is an 3
exceptional case in which it would not harm the best interests 4
of children for the chief executive to issue a positive notice. 5
(6) If the chief executive is aware of a conviction or charge of the 6
person for an offence, the chief executive must decide the 7
application having regard to the following matters relating to 8
the commission, or alleged commission, of the offence by the 9
person-- 10
(a) whether it is a conviction or a charge; 11
(b) whether the offence is a serious offence; 12
(c) when the offence was committed or is alleged to have 13
been committed; 14
(d) the nature of the offence and its relevance to the person 15
being a mature age student of the school; 16
(e) anything else the chief executive reasonably considers to 17
be relevant to the assessment of the person. 18
(7) On deciding the application, the chief executive must-- 19
(a) issue the mature age student notice to the person; and 20
(b) give a copy of the notice to the school's principal. 21
(8) A negative notice issued to the person must be accompanied 22
by a notice stating-- 23
(a) the reasons for the chief executive's decision on the 24
application; and 25
(b) that, within 40 days after receiving the notices, the 26
person may apply to the chief executive to have the 27
decision reviewed; and 28
(c) how the person may apply for the review. 29
30 Chief executive to invite submissions from person about 30
criminal history 31
(1) If the chief executive proposes to decide the application by 32
issuing a negative notice, the chief executive must give the 33
person a notice-- 34
s 31 40 s 32
Education (General Provisions) Bill 2006
(a) stating information about the person's criminal history 1
of which the chief executive is aware; and 2
(b) inviting the person to give the chief executive, within a 3
stated time, an oral or written submission about the 4
information or about the person's suitability to be a 5
mature age student of the school. 6
(2) The stated time must be reasonable and, in any case, at least 7 7
days after the chief executive gives the notice to the person. 8
(3) Before deciding the application, the chief executive must 9
consider any submission received from the person within the 10
stated time. 11
31 Currency of positive notice 12
A positive notice remains current for a period of 6 months 13
after it is issued. 14
Division 4 Provisions about criminal history 15
32 Criminal history check etc. 16
(1) This section applies to a person if-- 17
(a) the chief executive has received an application for a 18
mature age student notice about the person and the 19
application has not been withdrawn; or 20
(b) the person has a current positive notice for a particular 21
mature age State school, but has not become a mature 22
age student of the school; or 23
(c) the person-- 24
(i) is a mature age student of a mature age State 25
school; and 26
(ii) was 18 years or more on the day of enrolment with 27
the school. 28
(2) The chief executive may ask the commissioner of the police 29
service to give the chief executive a written report about the 30
criminal history of the person. 31
s 33 41 s 33
Education (General Provisions) Bill 2006
(3) Also, the chief executive may ask the commissioner of the 1
police service to give the chief executive a brief description of 2
the circumstances of a conviction or charge, for an offence, 3
mentioned in the person's criminal history. 4
(4) Subject to subsection (5), the commissioner of the police 5
service must comply with a request under subsection (2) or 6
(3). 7
(5) The duty imposed on the commissioner of the police service 8
to comply with the request applies only to information in the 9
possession of the commissioner or to which the commissioner 10
has access. 11
33 Notice of change in criminal history 12
(1) If the commissioner of the police service reasonably suspects 13
that a person who is charged with an offence is a person 14
mentioned in section 32(1)(a) to (c), the commissioner may 15
notify the chief executive about the change in the person's 16
criminal history. 17
(2) The notice must state the following-- 18
(a) the person's name and address; 19
(b) the person's date of birth; 20
(c) the offence the person was charged with; 21
(d) particulars of the offence; 22
(e) the date of the charge. 23
(3) The chief executive may confirm the suspicions of the 24
commissioner of the police service under subsection (1). 25
(4) If the person is a person to whom section 34(2) applies, the 26
chief executive, on receiving notice under subsection (1), may 27
write to the person to inform the person of the person's 28
obligations under section 34(2). 29
(5) For this section, the chief executive may give the 30
commissioner of the police service-- 31
(a) information about whether the person is a person 32
mentioned in section 32(1)(a) to (c); and 33
s 34 42 s 35
Education (General Provisions) Bill 2006
(b) if the person is a person mentioned in section 32(1)(a) to 1
(c), the name of the person and other identifying 2
information about the person, including the person's 3
date and place of birth and any alias. 4
(6) Information given to the commissioner of the police service 5
under subsection (5) must be used only for this part. 6
34 Disclosure of change in criminal history 7
(1) Subsection (2) applies to a person who-- 8
(a) is a mature age student of a mature age State school; and 9
(b) was 18 years or more on the day of enrolment with the 10
school. 11
(2) If there is a change in the person's criminal history, the person 12
must immediately disclose to the chief executive the details of 13
the change. 14
Maximum penalty--20 penalty units. 15
(3) For a person who does not have a criminal history, there is 16
taken to be a change in the person's criminal history if the 17
person acquires a criminal history. 18
35 Requirements for disclosure 19
(1) To comply with section 34(2), a person must give the chief 20
executive a disclosure in the approved form. 21
(2) The information disclosed by a person about a conviction or 22
charge for an offence in the person's criminal history must 23
include-- 24
(a) the existence of the conviction or charge; and 25
(b) when the offence was committed or alleged to have been 26
committed; and 27
(c) enough details to identify the offence or alleged offence; 28
and 29
(d) for a conviction, whether or not a conviction was 30
recorded and the sentence imposed on the person. 31
s 36 43 s 37
Education (General Provisions) Bill 2006
36 Use of criminal history information 1
The chief executive must not use information obtained under 2
this part about a person's criminal history other than for this 3
part or chapter 12, part 4, division 3.3 4
37 Confidentiality of information about criminal history 5
(1) This section applies to a person who-- 6
(a) is, or has been, an officer of the department; and 7
(b) in that capacity acquired information, or gained access 8
to a document, under this part about someone else's 9
criminal history. 10
(2) The person must not disclose the information, or give access 11
to the document, to anyone else. 12
Maximum penalty--20 penalty units. 13
(3) Subsection (2) does not apply to the disclosure of information, 14
or giving of access to a document, about a person-- 15
(a) to the chief executive for the purpose of the chief 16
executive deciding whether to-- 17
(i) issue a mature age student notice to the person; or 18
(ii) cancel a positive notice issued to the person; or 19
(iii) exclude the person from a State school under 20
chapter 12, part 4, division 3; or 21
(b) with the person's consent; or 22
(c) if the disclosure or giving of access is permitted or 23
required under an Act or other law. 24
3 Chapter 12 (Good order and management of State educational institutions and
non-State schools), part 4 (Suspension, exclusion and cancellation of enrolment of,
and behaviour improvement conditions for, State school students), division 3
(Exclusion of students by chief executive)
s 38 44 s 38
Education (General Provisions) Bill 2006
Division 5 Cancellation and replacement of 1
positive notices 2
38 Wrong, incomplete or new information 3
(1) This section applies to a person who has a current positive 4
notice for a mature age State school, but has not become a 5
mature age student of the school. 6
(2) The chief executive may cancel the positive notice (the first 7
notice) and substitute a negative notice (the new notice) if the 8
chief executive is satisfied-- 9
(a) the decision on the application for the first notice was 10
based on wrong or incomplete information; and 11
(b) based on the correct or complete information, the chief 12
executive should issue the new notice. 13
(3) Also, the chief executive may cancel a positive notice about 14
the person and substitute a negative notice (also the new 15
notice), having regard to information about the person 16
received by the chief executive under section 33(1).4 17
(4) However, if the chief executive proposes to substitute a 18
negative notice, the chief executive must first comply with 19
section 30,5 as if-- 20
(a) the reference in section 30(1) to deciding the application 21
by issuing a negative notice were a reference to 22
substituting a negative notice for a positive notice; and 23
(b) the reference in section 30(3) to deciding the application 24
were a reference to substituting a negative notice for a 25
positive notice. 26
(5) The chief executive must-- 27
(a) issue the new notice to the person; and 28
(b) give a copy of the new notice to the school's principal. 29
4 Section 33 (Notice of change in criminal history)
5 Section 30 (Chief executive to invite submissions from person about criminal
history)
s 39 45 s 42
Education (General Provisions) Bill 2006
(6) A new notice issued to the person under subsection (5) must 1
be accompanied by a notice stating-- 2
(a) the reasons for the chief executive's decision to issue the 3
new notice; and 4
(b) that, within 40 days after receiving the notices, the 5
person may apply to the chief executive to have the 6
decision reviewed; and 7
(c) how the person may apply for the review. 8
Division 6 Review of decisions 9
39 Definition for div 6 10
In this division-- 11
original decision see section 40. 12
40 Who may apply for review 13
A person may apply to the chief executive for a review of a 14
decision (the original decision) of the chief executive to issue 15
the person with a negative notice for a mature age State 16
school. 17
41 Applying for review 18
(1) The application must be made within 40 days after the person 19
is given notice of the original decision. 20
(2) The chief executive may, at any time, extend the time for 21
applying for the review. 22
(3) The application for review must be in writing and state fully 23
the grounds of the application. 24
42 Review decision 25
(1) The chief executive must conduct the review on-- 26
(a) the material that led to the original decision; and 27
(b) the reasons for the original decision; and 28
s 43 46 s 43
Education (General Provisions) Bill 2006
(c) any other relevant material the chief executive allows 1
(the allowed material). 2
(2) For the review, the chief executive must give the applicant a 3
reasonable opportunity to make written representations to the 4
chief executive. 5
(3) Without limiting subsection (2), if the allowed material affects 6
the chief executive's decision, the chief executive must give 7
the applicant a reasonable opportunity to make written 8
representations to the chief executive on the material. 9
(4) After reviewing the original decision, the chief executive must 10
make a further decision (the review decision) to-- 11
(a) confirm the original decision; or 12
(b) cancel the negative notice and substitute a positive 13
notice. 14
(5) The chief executive must, as soon as practicable, give the 15
applicant notice (the review notice) of the review decision. 16
(6) If the review decision is to confirm the original decision, the 17
review notice must also state the reasons for the review 18
decision. 19
(7) If the review decision is to cancel the negative notice and 20
substitute a positive notice, the chief executive must-- 21
(a) issue the positive notice to the person; and 22
(b) give a copy of the positive notice to the school's 23
principal. 24
Division 7 General provisions 25
43 False or misleading information or documents 26
(1) A person must not under this part give information to the chief 27
executive the person knows is false or misleading in a 28
material particular. 29
Maximum penalty--20 penalty units. 30
s 44 47 s 45
Education (General Provisions) Bill 2006
(2) A person must not under this part give the chief executive a 1
document containing information the person knows is false or 2
misleading in a material particular. 3
Maximum penalty--20 penalty units. 4
(3) Subsection (2) does not apply to a person if the person, when 5
giving the document-- 6
(a) tells the chief executive, to the best of the person's 7
ability, how it is false or misleading; and 8
(b) if the person has, or can reasonably obtain, the correct 9
information--gives the correct information. 10
44 Time limit on new application for mature age student 11
notice 12
(1) This section applies if-- 13
(a) a person makes an application for a mature age student 14
notice (the first application) in relation to a particular 15
mature age State school; and 16
(b) the chief executive decides the application by issuing the 17
person with a negative notice. 18
(2) The person may not make another application for a mature 19
age student notice in relation to the school within 1 year after 20
the person is notified of the decision on the first application. 21
Part 6 Miscellaneous provisions 22
45 Inspection of State educational institution's premises 23
The Minister may arrange for a State educational institution's 24
premises to be inspected at a time and in the way the Minister 25
believes appropriate. 26
s 46 48 s 49
Education (General Provisions) Bill 2006
46 Investigation of complaint 1
The chief executive must, as soon as practicable, investigate 2
any complaint about the administration, management or 3
operation of a State educational institution that, in the chief 4
executive's opinion, is not a frivolous or vexatious complaint. 5
47 Use of State educational institution's premises 6
(1) The Minister may permit a person to use a State educational 7
institution's premises located on reserve land for any purpose, 8
including a purpose not connected with education. 9
(2) Permission may be given under subsection (1) on reasonable 10
conditions the Minister considers appropriate. 11
(3) In this section-- 12
reserve land means land dedicated as a reserve under the 13
Land Act 1994, section 31 for educational purposes. 14
Chapter 3 Cost of providing State 15
education 16
48 Definitions for ch 3 17
In this chapter-- 18
chief executive (transport) means the chief executive of the 19
department in which the Transport Operations (Passenger 20
Transport) Act 1994 is administered. 21
nearest applicable school, for a person, means the nearest 22
State school with the required year level for the person. 23
permanent resident means the holder of a permanent visa as 24
defined by the Migration Act 1958 (Cwlth), section 30(1). 25
49 Meaning of remote area 26
A person lives in a remote area if-- 27
s 50 49 s 50
Education (General Provisions) Bill 2006
(a) the person's principal place of residence-- 1
(i) is at least 16km from the nearest applicable school; 2
and 3
(ii) is at least 4.5km from a school transport service 4
approved by the chief executive (transport) or a 5
public transport service to the nearest applicable 6
school; or 7
(b) the person's principal place of residence-- 8
(i) is at least 16km from the nearest applicable school; 9
and 10
(ii) is at least 4.5km from a school transport service 11
approved by the chief executive (transport) or a 12
public transport service to the nearest applicable 13
school; and 14
(iii) is-- 15
(A) at least 56km from the nearest applicable 16
school using the route travelled by the 17
transport service; or 18
(B) at least 3 hours travelling time a day from the 19
nearest applicable school using the transport 20
service. 21
50 State education to be free 22
(1) Subsection (2) applies to a person enrolled at a State school 23
who is-- 24
(a) an Australian citizen or permanent resident; or 25
(b) a child of an Australian citizen or permanent resident. 26
(2) The cost of providing instruction, administration and facilities 27
for the education of the person at the school must be met by 28
the State. 29
(3) This section applies subject to sections 51, 52 and 55. 30
(4) In this section-- 31
person enrolled at a State school does not include a person 32
who is also enrolled at a non-State school unless the person's 33
s 51 50 s 52
Education (General Provisions) Bill 2006
enrolment at the State school preceded the person's enrolment 1
at the non-State school. 2
51 Power to charge particular persons or for particular 3
educational services 4
(1) Subsection (3) applies to a person enrolled at a State school 5
who is not-- 6
(a) an Australian citizen or permanent resident; or 7
(b) a child of an Australian citizen or permanent resident. 8
(2) Subsection (3) also applies to a person enrolled at both a State 9
school and non-State school if the person's enrolment at the 10
non-State school preceded the person's enrolment at the State 11
school. 12
(3) The chief executive may charge the person a fee for the 13
education of the person at the State school. 14
(4) Also, the chief executive may charge a person mentioned in 15
section 50(1)-- 16
(a) a fee for providing an educational service to the person 17
not met by the State under section 50(2); or 18
(b) a fee for the provision of an educational service by an 19
entity to the person if the State school at which the 20
person is enrolled has been charged by the entity for the 21
provision of the educational service. 22
(5) In addition, the chief executive may charge a person not 23
enrolled at a State school a fee for the education of the person 24
at the school. 25
(6) The chief executive's power to charge a person a fee under 26
this section includes a power to-- 27
(a) exempt any person or matter from payment of the fee; or 28
(b) waive payment of the fee for any person or matter; or 29
(c) refund a fee paid under this section. 30
52 Fee for distance education provided by a State school 31
(1) This section applies to-- 32
s 53 51 s 53
Education (General Provisions) Bill 2006
(a) a person enrolled in a program of distance education at a 1
State school; or 2
(b) a person, other than a non-State school student or a State 3
school student, who is-- 4
(i) not enrolled in a program of distance education at a 5
State school; and 6
(ii) undertaking a component of the program at the 7
school. 8
(2) The fee prescribed under a regulation must be paid for the 9
provision of distance education to the person under subsection 10
(1). 11
(3) In this section-- 12
non-State school student means a person enrolled at a 13
non-State school. 14
State school student means a person enrolled at a State 15
school. 16
53 When fee for distance education is not payable 17
(1) Despite section 52(2), the fee is not payable if the person is a 18
person mentioned in section 52(1)(a) and-- 19
(a) the person lives in a remote area; or 20
(b) the person-- 21
(i) can not attend a State school, other than a school of 22
distance education, for more than 80 consecutive 23
school days because of the person's state of health; 24
and 25
(ii) gives the chief executive a medical certificate 26
stating that fact; or 27
(c) the person has an itinerant lifestyle; or 28
(d) the person-- 29
s 53 52 s 53
Education (General Provisions) Bill 2006
(i) is excluded from 1 or more, but not all, State 1
schools, other than schools of distance education, 2
under section 297 or 306;6 and 3
(ii) would live in a remote area if the school, or 4
schools, from which the person is excluded were 5
taken not to be a nearest applicable school for the 6
definition remote area; or 7
(e) the person is excluded from all State schools, other than 8
schools of distance education, under section 306; or 9
(f) the person can not attend a State school, other than a 10
school of distance education, because the person is 11
caring for the person's child or a child for whom the 12
person has or exercises parental responsibility; or 13
(g) the person-- 14
(i) can not attend a State school, other than a school of 15
distance education, because the person is caring for 16
someone, other than a child mentioned in 17
paragraph (f), on a regular basis; and 18
(ii) gives the chief executive a medical certificate 19
stating that fact; or 20
(h) the person can not be a mature age student of a mature 21
age State school because the person has been issued 22
with a negative notice under section 29; or 23
(i) the person is in the custody of the chief executive 24
(corrective services) at a corrective services facility 25
under the Corrective Services Act 2000. 26
(2) For subsection (1)(c), a person has an itinerant lifestyle if-- 27
(a) because of the nature of the occupation in which the 28
person or a parent of the person is engaged-- 29
(i) the person's principal place of residence changes at 30
least twice in the relevant school year or at least 5 31
times in the period consisting of the relevant 32
school year and the school year immediately 33
before or after the relevant school year; or 34
6 Section 297 (Exclusion of student by principal's supervisor) or 306 (Exclusion of
student by chief executive)
s 54 53 s 54
Education (General Provisions) Bill 2006
(ii) the person spends at least 60 school days of the 1
relevant school year (consisting of periods of 5 2
consecutive school days or more) away from the 3
person's principal place of residence; or 4
(iii) the person's principal place of residence is a 5
caravan and the location of the caravan changes at 6
least twice in the relevant school year or at least 5 7
times in the period consisting of the relevant 8
school year and the school year immediately 9
before or after the relevant school year; or 10
(iv) the place where the person lives changes at least 11
twice in the relevant school year and the person 12
does not have a principal place of residence; and 13
14
Examples of an occupation for paragraph (a)--
15
carnival worker, contract harvester or shearer
(b) the person spends at least 120 school days of the 16
relevant school year in the State. 17
(3) In this section-- 18
caravan means a caravan under the Residential Tenancies Act 19
1994. 20
medical certificate means a certificate signed by a registrant 21
under the Psychologists Registration Act 2001 or a medical 22
practitioner. 23
relevant school year means the school year in relation to 24
which the person is enrolled in a program of distance 25
education at a State school. 26
54 Waiver of fee for distance education 27
(1) The chief executive may waive, entirely or partly, payment of 28
the fee mentioned in section 52(2) for a person if-- 29
(a) the chief executive is satisfied-- 30
(i) the person is or has been enrolled in, or 31
undertaking a component of, a program of distance 32
education and would suffer a significant 33
educational disadvantage if the person were not 34
able to continue in the program; and 35
s 55 54 s 55
Education (General Provisions) Bill 2006
(ii) payment of the fee would cause financial hardship 1
to the person liable to pay it; or 2
3
Example for paragraph (a)--
4
A parent of a child enrolled in a program of distance education
5
for 1 year may be unable to pay the fee for the following year
6
because of temporary financial hardship.
(b) for a person enrolled in a program of distance 7
education--the chief executive is satisfied the waiver is 8
appropriate and reasonable because exceptional 9
circumstances exist in relation to the person. 10
(2) In making a decision under subsection (1)(b) about waiving 11
payment of the fee for a person, the chief executive may have 12
regard to any relevant matter of which the chief executive is 13
aware, including, for example-- 14
(a) whether the person would suffer a significant 15
educational disadvantage if the person were not able to 16
enrol in a program of distance education; or 17
(b) whether a program of distance education is the most 18
appropriate educational program for the person. 19
55 Charging for specialised educational program 20
(1) This section applies to a State school prescribed under a 21
regulation that offers a specialised educational program 22
prescribed under a regulation. 23
(2) The charge, for the program, prescribed under a regulation 24
must be paid for the undertaking of the program. 25
(3) For subsection (2)-- 26
(a) if a child is undertaking the program--a parent of the 27
child must pay the charge; or 28
(b) if an adult is undertaking the program--that person 29
must pay the charge. 30
(4) However, the chief executive may waive, entirely or partly, 31
payment of the fee if the chief executive is satisfied-- 32
(a) payment of the fee would cause financial hardship to the 33
person liable to pay it; and 34
s 56 55 s 58
Education (General Provisions) Bill 2006
(b) the person wishing to undertake the program would 1
suffer a significant educational disadvantage if the 2
person can not undertake the program. 3
(5) In this section-- 4
specialised educational program means an educational 5
program not usually offered by a State school. 6
56 Voluntary financial contribution 7
(1) Despite section 50, a State school's principal may ask the 8
parents of a student of the school to make a voluntary 9
financial contribution towards the cost of providing 10
instruction, administration and facilities for the education of 11
the student at the school. 12
(2) The student must still be provided the education even if the 13
parents do not make the financial contribution. 14
(3) If the student is an adult, subsections (1) and (2) apply as if 15
the reference in the subsections to the student's parents were a 16
reference to the student. 17
Chapter 4 Allocation of State 18
education 19
Part 1 Preliminary 20
57 Definition for ch 4 21
In this chapter-- 22
student includes a person who is not enrolled at a State 23
school. 24
58 Application of chapter to student under 16 years 25
A student who is under 16 years at the time of starting a 26
semester in a school year at a State school, but who does not 27
s 59 56 s 61
Education (General Provisions) Bill 2006
have any remaining allocation, may attend the State school for 1
all of the semester without making an application under part 3 2
or 5.7 3
59 Allocation of semesters for each student 4
(1) The purpose of this chapter is to ensure each student who 5
enrols at a State school has an allocation of State education. 6
(2) If a student begins schooling in year 1 at a State school before 7
the student turns 7 years, the student has the basic allocation. 8
(3) For a student not mentioned in subsection (2), a State school's 9
principal must calculate the remaining allocation for the 10
student under section 61. 11
(4) Under certain circumstances, an allocation may be 12
increased-- 13
(a) by a State school's principal under part 3; or 14
(b) by the chief executive under part 5. 15
Part 2 Basic allocation and remaining 16
allocation 17
60 Basic allocation 18
If a student begins schooling in year 1 at a State school before 19
the student turns 7 years, the student has the basic allocation 20
from the start of the semester in the school year in which the 21
student begins schooling. 22
61 Remaining allocation 23
(1) This section applies to the following students-- 24
(a) a student who received-- 25
7 Part 3 (Extra semesters may be granted by principals) or 5 (Further semesters may
be granted by chief executive)
s 61 57 s 61
Education (General Provisions) Bill 2006
(i) schooling at a non-State school; or 1
(ii) home education under chapter 9, part 5; 2
(b) a student who received schooling outside Queensland; 3
(c) a student who, at any time before the end of semester 2 4
in 1997, was enrolled at a State school, other than a 5
student enrolled in a year level mentioned in column 1 6
of subsection (3) at the end of semester 2 in 1997; 7
(d) a student beginning schooling who is-- 8
(i) beginning schooling in year 2 or later; or 9
(ii) 7 years or more. 10
(2) If an application is made under section 159 to enrol the 11
student at a State school, the State school's principal must 12
decide the student's remaining allocation. 13
(3) Subject to subsection (4), if a student, other than a student 14
mentioned in subsection (1), was enrolled at a State school in 15
a year level mentioned in column 1 at the end of semester 2 in 16
1997, the State school's principal is taken to have decided that 17
the student has a remaining allocation mentioned opposite in 18
column 2. 19
Column 1 Column 2
1 22
2 20
3 18
4 16
5 14
6 12
7 10
8 8
9 6
10 4
11 2
12 0
(4) However, if a State school's principal decides that the 20
application of subsection (3) to a student mentioned in that 21
s 62 58 s 62
Education (General Provisions) Bill 2006
subsection is inappropriate, the principal must decide the 1
student's remaining allocation. 2
(5) The principal's decision that it is inappropriate for subsection 3
(3) to apply to the student is, for section 62(2), a decision 4
about the student's remaining allocation. 5
(6) If the student has been the subject of an exemption under 6
chapter 9, part 38 and did not undertake an educational 7
program for all or part of the period of the exemption (the 8
excused period), the excused period must not be included in 9
calculating the student's remaining allocation. 10
62 Principal must consider remaining allocation for certain 11
students 12
(1) This section applies to a decision, under section 61, by a State 13
school's principal. 14
(2) The principal's decision about a student's remaining 15
allocation must be made in the way the principal considers 16
appropriate after considering all relevant matters, including, 17
for example-- 18
(a) the age, ability, aptitude and development of the student; 19
and 20
(b) the need to take account and promote continuity of the 21
student's learning experiences; and 22
(c) whether the enrolment is compulsory or 23
non-compulsory; and 24
(d) if the student's enrolment is non-compulsory--the 25
student's commitment to complete a course of study. 26
(3) The principal must make the decision within a reasonable 27
time after the application was made to enrol the student at the 28
school. 29
(4) After making the decision, the principal must-- 30
(a) immediately advise the student of the decision; and 31
8 Chapter 9 (Compulsory schooling), part 3 (Exemption from compliance with
compulsory schooling requirement)
s 63 59 s 64
Education (General Provisions) Bill 2006
(b) within 7 days after advising the student of the decision, 1
give notice to the student about the student's remaining 2
allocation. 3
(5) The notice must state-- 4
(a) the principal's decision; and 5
(b) the reasons for the decision; and 6
(c) that if the student is not satisfied with the principal's 7
decision, the student may make a submission to the 8
principal's supervisor against the decision within 14 9
days after notice of the decision is given to the student 10
or the later time allowed by the supervisor; and 11
(d) the title, name and address of the supervisor; and 12
(e) the way in which the submission may be made. 13
63 Notice to certain students about remaining allocation 14
(1) This section applies to a student-- 15
(a) who is enrolled in semester 2 in a year at a State school; 16
and 17
(b) whose remaining allocation will be not more than 4 18
semesters at the end of the year. 19
(2) By the end of the year, the principal of the State school must 20
give notice to the student about the student's remaining 21
allocation after the end of semester 2 of the year. 22
(3) The notice may be included with another report or document 23
given to the student. 24
64 Information to be given to repeating student 25
(1) This section applies to a student who has been approved by a 26
State school's principal to repeat, at the school, a year of 27
schooling for which the student has already been enrolled at 28
the school. 29
(2) The principal must, as soon as practicable after the approval, 30
give the student written information about the allocation of 31
State education under this chapter. 32
s 65 60 s 66
Education (General Provisions) Bill 2006
Part 3 Extra semesters may be 1
granted by principals 2
65 Application for extra semesters if no remaining allocation 3
(1) This section applies to a student who does not have any 4
remaining allocation. 5
(2) The student may apply, in the approved form, to a State 6
school's principal for the granting, in a school year, of not 7
more than 2 extra semesters of State education at the State 8
school. 9
(3) The application must be given to the principal-- 10
(a) more than 12 weeks before the start of the semester, or 11
the first of the semesters, to which the application 12
relates; or 13
(b) if the principal allows a later time for giving the 14
application--before the later time. 15
66 Principal must consider and decide application for extra 16
semesters 17
(1) The principal must consider the application and decide it in 18
the way the principal considers appropriate after considering 19
all relevant matters, including, for example-- 20
(a) whether the student is of compulsory school age; and 21
(b) the likely educational outcome of the student attending 22
the school for the extra semester or semesters; and 23
(c) the likely impact on the resources of the State school of 24
the student attending the State school for the extra 25
semester or semesters. 26
(2) However, the principal must make the decision within a 27
reasonable time after the making of the application, allowing 28
for the need to collect and analyse the results of any 29
assessment of the student undertaken during the semester 30
immediately before the semester, or the earlier of the 31
semesters, to which the application relates. 32
(3) After making the decision, the principal must-- 33
s 67 61 s 68
Education (General Provisions) Bill 2006
(a) immediately advise the student of the decision; and 1
(b) within 7 days after advising the student of the decision, 2
give notice to the student of the decision and the reasons 3
for the decision. 4
(4) However, if the principal does not grant the application for the 5
semester, or for both semesters, as applied for by the student, 6
the notice must also state-- 7
(a) that if the student is not satisfied with the principal's 8
decision, the student may make a submission to the 9
principal's supervisor against the decision within 14 10
days after notice of the decision is given to the student 11
or the later time allowed by the supervisor; and 12
(b) the title, name and address of the supervisor; and 13
(c) the way in which the submission may be made. 14
67 Limitation on extra semesters granted by principals 15
No more than 2 extra semesters may be granted to a student 16
under this part. 17
Part 4 Submissions against 18
principal's decision 19
68 Submissions against principal's decision 20
(1) This section applies to a decision of a State school's principal 21
about-- 22
(a) the allocation of semesters to a student under section 23
61(2) or (4); or 24
(b) an application for an extra semester or semesters under 25
part 3. 26
(2) The student may make a submission against the principal's 27
decision to the principal's supervisor. 28
s 69 62 s 69
Education (General Provisions) Bill 2006
(3) The submission must-- 1
(a) be in writing; and 2
(b) state fully the grounds for the submission and the facts 3
relied on. 4
(4) The submission must be given to the principal's supervisor-- 5
(a) within 14 days after notice of the decision is given to the 6
student; or 7
(b) if the principal's supervisor allows a later time for 8
giving the submission--by the later time. 9
69 Dealing with submissions against principal's decision 10
(1) If a submission is made to the principal's supervisor under 11
section 68, the supervisor must immediately consider the 12
decision and the submission and-- 13
(a) affirm the decision; or 14
(b) vary the decision; or 15
(c) set aside the decision and make a new decision in 16
substitution of the decision. 17
(2) After the supervisor has decided to affirm, vary or set aside 18
the decision, the supervisor must-- 19
(a) immediately advise the student about the supervisor's 20
decision; and 21
(b) within 7 days after advising the student of the 22
supervisor's decision, give notice to the student about-- 23
(i) the supervisor's decision; and 24
(ii) the reasons for the supervisor's decision; and 25
(iii) the student's right to appeal, under section 406, 26
against the supervisor's decision, including the 27
time within which the student may appeal. 28
(3) Also, as soon as practicable after making a decision under this 29
section, the supervisor must give notice of the supervisor's 30
decision to the principal. 31
s 70 63 s 72
Education (General Provisions) Bill 2006
Part 5 Further semesters may be 1
granted by chief executive 2
70 Definition for pt 5 3
In this part-- 4
stated State school see section 71(2). 5
71 Application for further semesters if no remaining 6
allocation and after extra semesters 7
(1) This section applies to a student who does not have any 8
remaining allocation and who has been granted 2 extra 9
semesters under part 3. 10
(2) The student may apply, in the approved form, to the chief 11
executive for the granting of not more than 2 further semesters 12
of State education at a State school stated in the application 13
(the stated State school). 14
(3) The application must be made to the chief executive-- 15
(a) more than 12 weeks before the start of the semester, or 16
the first of the semesters, to which the application 17
relates; or 18
(b) if the chief executive allows a later time for making the 19
application--before the later time. 20
72 Chief executive must consider and decide application for 21
further semesters 22
(1) The chief executive must consider the application and decide 23
the application in the way the chief executive considers 24
appropriate after considering all relevant matters, including, 25
for example-- 26
(a) whether the student is of compulsory school age; and 27
(b) the likely educational outcome of the student attending 28
the stated State school for the further semester or 29
semesters; and 30
s 73 64 s 73
Education (General Provisions) Bill 2006
(c) the likely impact on the resources of the stated State 1
school of the student attending the stated State school 2
for the further semester or semesters. 3
(2) However, the chief executive must make the decision within a 4
reasonable time after the making of the application, allowing 5
for the need to collect and analyse the results of any 6
assessment of the student undertaken during the semester 7
immediately before the semester, or the earlier of the 8
semesters, to which the application relates. 9
(3) After the chief executive decides the application, the chief 10
executive must-- 11
(a) immediately advise the student of the decision; and 12
(b) within 7 days after advising the student of the 13
decision-- 14
(i) if the student has not previously been granted 2 15
further semesters under this part--give the student 16
an information notice about the decision; or 17
(ii) if the student has previously been granted 2 further 18
semesters under this part--give the student a 19
notice about-- 20
(A) the decision; and 21
(B) the reasons for the decision; and 22
(C) the student's right to appeal, under section 23
406, against the decision, including the time 24
within which the student may appeal. 25
73 Chief executive to give notice to principal if further 26
semesters granted 27
(1) If the chief executive decides to grant the application, the 28
chief executive must give notice of the decision to the stated 29
State school's principal. 30
(2) The notice must state-- 31
(a) the student's name; and 32
(b) the student's educational level; and 33
(c) the period of the extension; and 34
s 74 65 s 75
Education (General Provisions) Bill 2006
(d) any other information the chief executive is reasonably 1
satisfied the principal should be aware of in relation to 2
the decision. 3
74 Limitation on further semesters granted by chief 4
executive 5
No more than 4 further semesters may be granted to a student 6
under this part. 7
Part 6 Copy of notice to be given to 8
parent 9
75 Copy of notice under this chapter to be given to parent 10
(1) If a person is required, under this chapter, to give a notice to a 11
student and the student is a child, the person must as soon as 12
practicable give a copy of the notice to a parent of the child. 13
(2) For giving the copy to a parent, the person may rely on the 14
relevant State school's records about the child's parents and 15
their current residential address. 16
(3) Subsection (1) does not apply if the person is satisfied it 17
would be inappropriate in the circumstances to give the copy 18
to the parent. 19
20
Example--
21
It may be inappropriate to give the parent a copy of the notice if the
22
student is living independently of his or her parents.
(4) In this section-- 23
parent, of a child, includes a person standing in the place of a 24
parent of the child on a temporary basis. 25
s 76 66 s 77
Education (General Provisions) Bill 2006
Chapter 5 Instruction in a religious or 1
other belief 2
76 Definitions for ch 5 3
In this chapter-- 4
approved entity means an entity approved under section 78. 5
belief does not include a political belief. 6
State school does not include a State preschool centre. 7
77 Giving instruction in a religious or other belief 8
(1) A student of a State school may be given instruction at the 9
school in a religious or other belief only by an approved 10
entity. 11
(2) For subsection (1), the instruction may be given by an 12
approved entity on behalf of 2 or more approved entities. 13
(3) Subsection (1) applies subject to subsections (4) to (6). 14
(4) A student of a State school may be given instruction at the 15
school in a religious or other belief if a parent of the student 16
gives the school's principal a notice stating that the student 17
holds the religious or other belief. 18
(5) However, even if a parent of a student of a State school does 19
not give a notice under subsection (4) for the student, the 20
student may be given instruction in a religious or other belief 21
at the school if the parent gives the school's principal a notice 22
stating that the parent consents to the student being given the 23
instruction. 24
(6) Also, despite a parent of a student of a State school giving the 25
school's principal a notice under subsection (4) for the 26
student, the student may be given instruction at the school in a 27
religious or other belief not covered by the notice if the parent 28
gives the school's principal a notice stating that the parent 29
consents to the student being given the instruction. 30
(7) Despite a parent of a student of a State school giving the 31
school's principal a notice under subsection (4), (5) or (6), the 32
student may not be given instruction at the school in a 33
s 78 67 s 79
Education (General Provisions) Bill 2006
religious or other belief covered by the notice if a parent of the 1
student later gives the principal a notice stating that the parent 2
does not wish the student to be given instruction at the school 3
in the religious or other belief. 4
(8) A student of a State preschool centre must not be given 5
instruction in a religious or other belief-- 6
(a) at the centre; or 7
(b) at the primary school of which the centre is a part. 8
78 Approval of entity 9
(1) The chief executive may approve, as prescribed under a 10
regulation, an entity to give instruction in a religious or other 11
belief to students of a State school. 12
(2) Subject to section 80, an approval under this section-- 13
(a) entitles the entity to give instruction in a religious or 14
other belief at a State school; and 15
(b) applies to each State school. 16
(3) An approved entity may give instruction in a religious or other 17
belief through a representative of the entity. 18
79 When notice under s 77(4), (5) or (6) may not be given by 19
parent 20
If a State school's principal is satisfied it would be 21
inappropriate in the circumstances for a parent of a student of 22
the school to give a notice under section 77(4), (5) or (6) to the 23
principal-- 24
(a) a parent of the student may not give the notice; and 25
(b) the notice may be given by the student in place of a 26
parent of the student. 27
28
Example--
29
It may be inappropriate for a parent of a student of a State school to give
30
a notice under section 77(4), (5) or (6) to the school's principal if the
31
student is living independently of his or her parents.
s 80 68 s 81
Education (General Provisions) Bill 2006
80 When instruction to be given 1
(1) A State school's principal must allow time during school 2
hours for an approved entity to give instruction at the school 3
in a religious or other belief to students of the school if-- 4
(a) the approved entity is available to give the instruction; 5
and 6
(b) a parent of each student who is to be given the 7
instruction has given a notice to the school's principal 8
under section 77(4), (5) or (6) in relation to the 9
instruction; and 10
(c) section 77(7) does not apply to the student. 11
(2) The time allowed under subsection (1)-- 12
(a) must be on the days and at the times approved by the 13
principal; and 14
(b) must not be more than 40 hours in each school year. 15
Chapter 6 School councils 16
Part 1 Preliminary 17
81 Definitions for ch 6 18
In this chapter-- 19
alternative association member see section 92(1). 20
appointed member, of a school council, means a member of 21
the council appointed, under the council's constitution, by the 22
council. 23
chairperson, of a school council, means a person elected as 24
chairperson of the council under section 93. 25
coopted student member, of a school council established for a 26
State school that does not offer secondary education, means a 27
year 7 student of the school who is coopted as a member of 28
the council under the council's constitution. 29
s 82 69 s 82
Education (General Provisions) Bill 2006
elected member, of a school council, means a person who is 1
an elected member of the council under section 90. 2
elected parent member, of a school council, means a parent of 3
a child attending the school for which the council is 4
established who is elected-- 5
(a) if there is an association formed for the school and the 6
association's constitution provides for the election of 7
parent members to the school's council--under the 8
association's constitution; or 9
(b) otherwise--by a secret ballot under the council's 10
constitution. 11
elected staff member, of a school council, means a member of 12
the staff of the school for which the council is established who 13
is elected by a secret ballot, held under the council's 14
constitution, of all the persons who are-- 15
(a) employed by the department and assigned to the school; 16
or 17
(b) otherwise employed full-time or part-time at the school. 18
elected student member, of a school council established for a 19
State school offering secondary education for year 10, 11 or 20
12, means a student in year 10, 11 or 12 at the school who is 21
elected by a poll, held under the council's constitution, in 22
which only those students at the school in year 10, 11 or 12 23
may vote. 24
official member, of a school council, means a person who is 25
an official member of the council under section 89. 26
Part 2 Object of chapter 27
82 Object 28
(1) The object of this chapter is to improve student learning 29
outcomes by providing for the establishment and operation of 30
school councils. 31
s 83 70 s 85
Education (General Provisions) Bill 2006
(2) A school council has particular functions for guiding the 1
broad strategic direction of the State school for which it is 2
established. 3
Part 3 Establishment, name, functions 4
and other matters 5
83 Establishment 6
(1) Subject to section 113(6) and (7),9 the chief executive may, by 7
notice in the gazette, establish a school council for a State 8
school. 9
(2) A school council established under subsection (1) may have 10
functions only about the school for which the council is 11
established. 12
84 Name 13
The school council established for a State school is named as 14
follows-- 15
(a) if the name of the school ends with `school'--the 16
council is called `. . . (insert name of school) Council'; 17
(b) otherwise--the council is called `. . . (insert name of 18
school) School Council'. 19
85 Functions 20
(1) A school council for a State school has the following 21
functions-- 22
(a) monitoring the school's strategic direction; 23
(b) approving-- 24
(i) plans and policies of the school of a strategic 25
nature; or 26
9 Section 113 (Initial constitution)
s 86 71 s 87
Education (General Provisions) Bill 2006
(ii) other documents affecting strategic matters, 1
including the annual estimate of revenue and 2
expenditure for the school; 3
(c) monitoring the implementation of the plans, policies and 4
other documents mentioned in paragraph (b); 5
(d) advising the school's principal about strategic matters. 6
(2) The council must perform its functions in a way that achieves 7
the best learning outcomes for the school's students. 8
(3) Despite subsections (1) and (2), a school council may not-- 9
(a) interfere with the management by the school's principal 10
of the day-to-day operations of the school and its 11
curriculum; or 12
(b) make operational decisions about the use of teaching or 13
learning resources at the school; or 14
(c) make decisions about the individual teaching style used, 15
or to be used, at the school; or 16
(d) make a decision that is contrary to law or a written 17
policy of the department. 18
86 School councils do not have certain powers 19
A school council may not-- 20
(a) have control of funds; or 21
(b) enter into contracts; or 22
(c) acquire, hold, dispose of or deal with property; or 23
(d) sue or be sued. 24
Part 4 Membership 25
87 Membership of a school council 26
(1) A school council consists of official members, elected 27
members and appointed members. 28
s 88 72 s 90
Education (General Provisions) Bill 2006
(2) Also, if the State school for which the council is established 1
does not offer secondary education, a school council may also 2
include a coopted student member. 3
88 Number 4
(1) The number of members of a school council must be at least 6 5
and not more than 15. 6
(2) A school council must include at least-- 7
(a) 1 elected parent member; and 8
(b) 1 elected staff member. 9
(3) The number of elected parent members and elected staff 10
members of a school council must be equal. 11
(4) A school council must include not more than 2 elected student 12
members and 2 appointed members. 13
(5) If the State school for which a school council is established 14
provides secondary education for year 10, 11 or 12, the 15
council must include at least 1 elected student member. 16
89 Official members 17
(1) The official members of a school council for a State school 18
are-- 19
(a) the school's principal; and 20
(b) if there is an association formed for the school--the 21
association's president. 22
(2) An official member of a school council is not eligible to be an 23
elected member, or appointed member, of the council. 24
90 Elected members 25
(1) The elected members of a school council are-- 26
(a) the elected parent members; and 27
(b) the elected staff members; and 28
s 91 73 s 92
Education (General Provisions) Bill 2006
(c) if the school for which the council is established offers 1
secondary education for year 10, 11 or 12--the elected 2
student members. 3
(2) A poll for the election of an elected student member of a 4
school council may take place at the same time as, or be 5
combined with, other elections at the State school for which 6
the council is established involving students, including, for 7
example, the election of the school's captain and vice-captain. 8
(3) Subsection (4) applies if, at the time of closure of nominations 9
for the elected members of a school council, the number of 10
nominations is less than the number of elected members 11
required to be elected. 12
(4) The person who, under the council's constitution, is 13
responsible for conducting the election for the elected 14
members must declare the persons who are properly 15
nominated under the constitution to have been elected. 16
91 Coopted student member 17
A coopted student member of a school council-- 18
(a) does not have the power to vote on a matter before the 19
council despite section 105(1), (2) and (3); and 20
(b) may not be elected as the council's chairperson under 21
section 93 or be chosen to preside at a council meeting 22
under section 104(2). 23
92 Alternative association member 24
(1) The president of an association formed for a State school may, 25
under the association's constitution, appoint another 26
association member (the alternative association member) to 27
attend meetings of a school council for the school in the place 28
of the president when the president can not attend the 29
meetings. 30
(2) When attending a meeting of the council under subsection (1), 31
the alternative association member has the same rights and 32
duties as the president. 33
s 93 74 s 94
Education (General Provisions) Bill 2006
(3) An elected member, or appointed member, of the council is 1
ineligible for appointment by the president as the alternative 2
association member. 3
93 Chairperson 4
(1) A school council for a State school must elect one of the 5
council's members as chairperson of the council. 6
(2) The school's principal may not be elected as chairperson of 7
the council. 8
(3) A school council's chairperson holds office for the term 9
decided by the council (the chairperson's term), unless the 10
person's term of office as a member of the council ends 11
sooner than the chairperson's term. 12
(4) Subsection (5) applies if-- 13
(a) an association has been formed for the school for which 14
a school council is established; and 15
(b) the president of the association is the chairperson of the 16
council; and 17
(c) an alternative association member is attending a 18
meeting of the council in place of the president. 19
(5) Despite section 92(2), the alternative association member may 20
not preside at the meeting, unless the alternative association 21
member is chosen to preside under section 104(2). 22
94 Term of office for elected member or appointed member 23
(1) Each elected member, or appointed member, of a school 24
council holds office for the term, not longer than 2 years, 25
stated in the council's constitution. 26
(2) However, subject to section 88, the council's constitution may 27
provide for up to the following number of the council's first 28
elected members to hold office for a term of not longer than 3 29
years-- 30
(a) if one-half of the number of the first elected members is 31
an even number--one-half of the number of the first 32
elected members; 33
s 95 75 s 96
Education (General Provisions) Bill 2006
(b) if one-half of the number of the first elected members is 1
an odd number--the whole number next higher than 2
one-half of the number of the first elected members. 3
95 Casual vacancy in office of elected member or appointed 4
member 5
(1) If a vacancy occurs in the office of an elected member, or 6
appointed member, of a school council (the vacating 7
member) during the currency of the member's term of office, 8
another person (the new member) must be elected or 9
appointed under this part to fill the vacancy. 10
(2) The new member holds office for the remainder of the 11
vacating member's term of office or until the new member 12
sooner vacates the office. 13
(3) If a vacancy occurs in the office of an elected member, the 14
new member must be of the same type of elected member, 15
under section 90, as the vacating member. 16
96 Vacation of office 17
(1) The office of an elected member, or appointed member, of a 18
school council for a State school becomes vacant if the 19
member-- 20
(a) dies; or 21
(b) resigns the member's office by signed notice of 22
resignation-- 23
(i) for the council's chairperson--given to the school 24
principal's supervisor; or 25
(ii) for another council member--given to the 26
council's chairperson; or 27
(c) is absent from 3 consecutive meetings of the council, of 28
which the member has been given notice under the 29
council's constitution, without the council's leave and 30
without reasonable excuse; or 31
(d) stops being eligible, under this Act or the council's 32
constitution, for election or appointment to the office. 33
s 97 76 s 97
Education (General Provisions) Bill 2006
(2) A notice of resignation mentioned in subsection (1)(b) takes 1
effect when the notice is given under that paragraph or, if a 2
later time is stated in the notice, the later time. 3
(3) If the office of an elected member, or appointed member, of a 4
school council is vacant and, because of the vacancy, the 5
membership does not comply with section 88, the council is 6
taken to be validly constituted until the earlier of the 7
following happens-- 8
(a) the day the vacancy is filled; 9
(b) the expiry of 3 months after the day the vacancy arose. 10
(4) In this section-- 11
meeting, of the council, means-- 12
(a) if the relevant member does not attend--a meeting of 13
the council with a quorum for the council present; or 14
(b) if the relevant member attends--a meeting of the 15
council with or without a quorum for the council 16
present. 17
97 Disqualification from membership 18
(1) A person can not become, or continue as, an elected parent 19
member, elected staff member, or appointed member, of a 20
school council if the person has been convicted of an 21
indictable offence, unless the Minister gives an approval 22
under this section. 23
(2) If the Minister considers it would be reasonable, having 24
regard to the circumstances of the indictable offence of which 25
a person has been convicted, the Minister may-- 26
(a) if the person was a member when convicted--give 27
notice to the council's chairperson and the person that 28
the person is restored as a member, and may be later 29
re-elected or reappointed, despite the conviction; or 30
(b) otherwise--give written approval for the person to be 31
elected or appointed as a council member despite the 32
conviction. 33
(3) On the day the council's chairperson receives a notice under 34
subsection (2)(a)-- 35
s 98 77 s 98
Education (General Provisions) Bill 2006
(a) the person is restored as a council member; and 1
(b) if another person has been elected or appointed to fill the 2
vacancy--the other person's appointment ends. 3
(4) If a person is restored as a council member under subsection 4
(3), the person's term of office as a council member ends 5
when it would have ended if the person had not been 6
convicted of the offence. 7
Part 5 Constitution 8
98 Constitution for school council 9
(1) A school council must have a constitution. 10
(2) The council's constitution must provide for the following-- 11
(a) membership of the council, including-- 12
(i) eligibility for election as, or to vote for, an elected 13
member of the council; and 14
(ii) eligibility for appointment as an appointed member 15
of the council; and 16
(iii) procedures for election or appointment; and 17
(iv) when the term of office of an elected member, or 18
appointed member, of the council starts and ends; 19
and 20
(v) if there is an association formed for the school for 21
which the council is established--the way in which 22
the association's president must give notice to the 23
council's chairperson about the appointment of an 24
alternative association member; 25
(b) election of, and other matters relating to, the council's 26
chairperson; 27
(c) conduct of council business; 28
(d) the way the council performs its functions. 29
s 99 78 s 99
Education (General Provisions) Bill 2006
(3) The constitution may also provide for other matters the 1
council considers appropriate for inclusion in it. 2
(4) However, the provisions of a council's constitution about 3
membership of the council-- 4
(a) must comply with part 4; and 5
(b) if there is an association formed for the school for which 6
the council is established--are subject to the provisions 7
of the association's constitution about the election of an 8
elected parent member of the council. 9
99 Amendment of school council's constitution 10
(1) A school council for a State school may prepare and adopt an 11
amendment of its constitution. 12
(2) In preparing a proposed amendment, the council must have 13
regard to the model constitutions. 14
(3) An amendment has no effect unless it is approved by the chief 15
executive. 16
(4) The chief executive must not approve an amendment unless 17
the chief executive is satisfied-- 18
(a) notice of the proposed amendment was given, at least 30 19
days before the council meeting that considered the 20
amendment, to the following-- 21
(i) the council members; 22
(ii) if there is an association formed for the 23
school--the association; 24
(iii) the school's staff (including, for example, by 25
displaying the proposed amendment in a staff 26
room); 27
(iv) the school's students (including, for example, by 28
publishing the proposed amendment in the school's 29
newsletter); and 30
(b) the amendment was adopted by at least the number of 31
members constituting a quorum for the council; and 32
(c) the amended constitution is consistent with this Act and 33
otherwise lawful. 34
s 100 79 s 102
Education (General Provisions) Bill 2006
(5) In deciding whether to approve an amendment, the chief 1
executive must also have regard to the following matters 2
about the amended constitution-- 3
(a) whether it provides for a membership that-- 4
(i) allows adequate representation by parents, staff, 5
students and other members of the school 6
community; and 7
(ii) takes into account the demographics of the school 8
community; 9
(b) whether it provides for the council to perform its 10
functions in an effective and fair way; 11
(c) whether its provisions are otherwise adequate, clear and 12
appropriate. 13
100 Model constitutions for school councils 14
The chief executive may prepare model constitutions for 15
school councils (the model constitutions). 16
Part 6 Council business 17
101 Conduct of business 18
(1) Subject to its constitution and this part, a school council may 19
conduct its business, including its meetings, in the way it 20
considers appropriate. 21
(2) However, a school council may only make decisions about 22
how it will carry out its functions if it does so at a council 23
meeting at which a quorum for the council is present. 24
102 Time and place of meetings 25
(1) School council meetings must be held at the times and places 26
the council decides. 27
(2) However, a school council's chairperson-- 28
s 103 80 s 105
Education (General Provisions) Bill 2006
(a) may call a meeting at any time; and 1
(b) must call a meeting if asked, in writing, to do so by the 2
Minister, the chief executive or at least the number of its 3
members required to form a quorum for the council. 4
(3) A school council must meet at least twice in each semester. 5
103 Quorum 6
A quorum for a school council is the number equal to 7
two-thirds of the number of its members or, if two-thirds is 8
not a whole number, the next highest whole number. 9
104 Presiding at meetings 10
(1) The school council's chairperson must preside at all council 11
meetings at which the chairperson is present. 12
(2) If the chairperson is absent from a council meeting, another 13
council member chosen by the council members present must 14
preside. 15
105 Conduct of meetings 16
(1) A question at a school council meeting, other than a question 17
about an amendment of the council's constitution, must be 18
decided by a majority of the votes of the council members 19
present. 20
(2) Each member present at a council meeting has a vote on each 21
question to be decided and, if the votes are equal, the member 22
presiding has a casting vote. 23
(3) A member present at a council meeting who abstains from 24
voting is taken to have voted for the negative. 25
(4) A school council may hold meetings, or allow its members to 26
take part in its meetings, by telephone, video link or another 27
form of communication that allows reasonably 28
contemporaneous and continuous communication between the 29
members taking part in the meeting. 30
(5) A school council member who takes part in a council meeting 31
under subsection (4) is taken to be present at the meeting. 32
s 106 81 s 107
Education (General Provisions) Bill 2006
106 Attendance by proxy 1
(1) A member of a school council for a State school may not 2
attend a meeting of the council by proxy. 3
(2) However, the school's principal may attend up to 2 meetings 4
in each year by proxy. 5
(3) In this section-- 6
proxy does not include an alternative association member for 7
the president of an association formed for the school. 8
107 Disclosure of interest 9
(1) This section applies to a member of a school council (the 10
interested member) if-- 11
(a) the interested member has a direct or indirect financial 12
interest in an issue being considered, or about to be 13
considered, by the council; and 14
(b) the interest could conflict with the proper performance 15
of the interested member's duties when considering the 16
issue. 17
(2) As soon as practicable after the relevant facts come to the 18
interested member's knowledge, the interested member must 19
disclose the nature of the interest to a meeting of the council. 20
(3) Unless the council otherwise directs, the interested member 21
must not-- 22
(a) be present when the council considers the issue; or 23
(b) take part in a decision of the council about the issue. 24
(4) The interested member must not be present when the council 25
is considering whether to give a direction under subsection 26
(3). 27
(5) If there is another member who must, under subsection (2), 28
also disclose an interest in the issue, the other member must 29
not-- 30
(a) be present when the council is considering whether to 31
give a direction under subsection (3); or 32
(b) take part in making the decision about giving the 33
direction. 34
s 108 82 s 109
Education (General Provisions) Bill 2006
(6) If-- 1
(a) because of this section, a member is not present at a 2
council meeting for considering or deciding an issue, or 3
for considering or deciding whether to give a direction 4
under subsection (3); and 5
(b) there would be a quorum for the council if the member 6
were present; 7
the remaining members present are a quorum for the council 8
for considering or deciding the issue, or for considering or 9
deciding whether to give the direction, at the meeting. 10
(7) A disclosure under subsection (2) must be recorded in the 11
council's minutes. 12
Part 7 Application of other laws 13
108 Criminal Law (Rehabilitation of Offenders) Act 1986 14
(1) For the application of the Criminal Law (Rehabilitation of 15
Offenders) Act 1986, section 9A, to the office of an elected 16
member, or appointed member, of a school council, a person 17
is taken to apply for the office if the person-- 18
(a) consents to be appointed as an appointed member 19
(whether or not the council has decided to appoint the 20
person); or 21
(b) stands for election as an elected member. 22
(2) This section does not apply to an elected student member of 23
the council. 24
109 Public Records Act 2002 25
A school council is a public authority under the Public 26
Records Act 2002. 27
s 110 83 s 111
Education (General Provisions) Bill 2006
110 Freedom of Information Act 1992 1
(1) For the application of the Freedom of Information Act 1992, a 2
school council is taken to form part of the department. 3
(2) To remove doubt, it is declared that the Freedom of 4
Information Act 1992, part 2,10 does not apply to a school 5
council. 6
111 Public Sector Ethics Act 1994 7
(1) This section is about the application of the Public Sector 8
Ethics Act 1994 (the Act) to a school council. 9
(2) For the application of the Act-- 10
(a) a school council is a public sector entity; and 11
(b) a member of the council is a public official of the entity; 12
and 13
(c) the chief executive is the chief executive officer of the 14
entity. 15
(3) For section 15 of the Act, the chief executive must ensure a 16
code of conduct is prepared that, after approval under section 17
17 of the Act, applies to a school council. 18
(4) For section 20(4) of the Act, a reference to the entity's head 19
office or regional office is a reference to the department's 20
head office or other departmental office. 21
(5) For section 23 of the Act, a reference to the entity's annual 22
report is a reference to the department's annual report. 23
10 Freedom of Information Act 1992, part 2 (Publication of certain documents and
information)
s 112 84 s 113
Education (General Provisions) Bill 2006
Part 8 Starting up 1
112 Purpose and application 2
(1) This part is about the establishment and initial operation of a 3
school council. 4
(2) If there is an inconsistency between this part and another 5
provision of this chapter, this part prevails to the extent of the 6
inconsistency. 7
113 Initial constitution 8
(1) A State school's principal must prepare a draft constitution for 9
a proposed school council for the school. 10
(2) Section 99(1) to (3) and (5)11 apply to the preparation as if a 11
reference to a school council amending its constitution were a 12
reference to the school's principal preparing the proposed 13
council's draft constitution. 14
(3) In preparing the draft constitution, the principal-- 15
(a) must consult with-- 16
(i) the parents of children attending the school; and 17
(ii) the school's staff and students; and 18
(b) may consult with other appropriate entities. 19
(4) If there is an association formed for the school, the president 20
of the association must, under the association's constitution, 21
call a special meeting of the association (the association 22
meeting) for approving the draft constitution. 23
(5) The principal must call the following meetings for approving 24
the draft constitution-- 25
(a) if there is no association formed for the school--a 26
meeting of the parents of children attending the school 27
(the parent meeting); 28
(b) a meeting of the school's staff (the staff meeting). 29
11 Section 99 (Amendment of school council's constitution)
s 113 85 s 113
Education (General Provisions) Bill 2006
(6) The chief executive may not establish a school council for the 1
school unless the association meeting or parent meeting, and 2
the staff meeting, are called and the draft constitution is 3
approved as follows-- 4
(a) if there is an association formed for the school--by 5
secret ballot by a majority of the association's members 6
attending the association meeting; 7
(b) if there is no association formed for the school--by 8
secret ballot by a majority of the parents attending the 9
parent meeting; 10
(c) by secret ballot by a majority of the staff attending the 11
staff meeting. 12
(7) However, the chief executive may establish a school council 13
for the school, even though the draft constitution is not 14
approved under subsection (6), if the chief executive-- 15
(a) is satisfied of each of the following-- 16
(i) if there is an association formed for the school and 17
the association did not approve the draft 18
constitution under subsection (6)--there were at 19
least 3 association meetings held to discuss the 20
draft constitution during a 3 month period; 21
(ii) if there is no association formed for the school and 22
the parents of children attending the school did not 23
approve the draft constitution under subsection 24
(6)--there were at least 3 parent meetings held to 25
discuss the draft constitution during a 3 month 26
period; 27
(iii) if the school's staff did not approve the draft 28
constitution under subsection (6)--there were at 29
least 3 staff meetings held to discuss the draft 30
constitution during a 3 month period; and 31
(b) has had regard to the concerns of the association, 32
parents or staff raised at the meetings at which the draft 33
constitution was not approved. 34
(8) The approved constitution applies to the council on its 35
establishment. 36
s 114 86 s 117
Education (General Provisions) Bill 2006
114 Initial membership 1
(1) On its establishment, a school council consists only of its 2
official members. 3
(2) However, a school council consisting only of its official 4
members may only perform the functions necessary for the 5
election of the council's elected members. 6
115 First elected members and appointed members 7
(1) As soon as practicable after a school council is established, its 8
official members must, under the council's constitution, 9
organise the election of the council's elected members. 10
(2) After the election, the council, as constituted by its official 11
members and elected members, may appoint the council's 12
appointed members. 13
Part 9 Dissolution 14
116 Dissolution of a school council 15
(1) A school council is dissolved-- 16
(a) if the school for which it was established is closed; or 17
(b) in other circumstances prescribed under a regulation. 18
(2) On dissolution, the members of the council immediately 19
before the dissolution go out of office. 20
117 Records 21
(1) As soon as practicable after the dissolution of a school council 22
for a State school, the school's principal must ensure the 23
council's records are given to the chief executive. 24
(2) In this section-- 25
records, of the council, includes all documents held by the 26
council that it has created or acquired in the course of 27
performing its functions. 28
s 118 87 s 120
Education (General Provisions) Bill 2006
Part 10 Miscellaneous 1
118 School council not to establish committee or 2
subcommittee 3
A school council must not establish a committee or 4
subcommittee. 5
119 Expense of attending meetings 6
The chief executive may-- 7
(a) decide the allowance payable to compensate a member 8
of a school council in attending a meeting of the council, 9
the amount of which is dependent on the class of 10
membership of the council; or 11
(b) reimburse a member of a school council the whole or 12
part of the reasonable expenses incurred by the member 13
in attending a meeting of the council. 14
120 Minister's power to give directions in the public interest 15
(1) The Minister may give a school council a written direction 16
about a matter relevant to the performance of its functions 17
under section 85 if the Minister is satisfied it is necessary to 18
give the direction in the public interest. 19
(2) Without limiting subsection (1), a direction may require the 20
council to comply with-- 21
(a) a policy, standard or other instrument of a public sector 22
unit; or 23
(b) another document, including, for example, another 24
policy, standard or instrument. 25
(3) The council must comply with the direction. 26
(4) A direction to a school council must be addressed to its 27
chairperson and may be sent by post, facsimile or similar 28
facility to the school. 29
(5) The Minister must give a copy of each direction, given under 30
this section, to the chief executive. 31
s 121 88 s 122
Education (General Provisions) Bill 2006
(6) The department's annual report for a year must include copies 1
of all directions given under this section during the year. 2
121 Protection from liability 3
(1) A member of a school council does not incur civil liability for 4
an act done, or omission made, honestly and without 5
negligence under this Act. 6
(2) If subsection (1) prevents a civil liability attaching to a 7
member of a school council, the liability attaches instead to 8
the State. 9
Chapter 7 Parents and citizens 10
associations 11
Part 1 Formation, objectives etc. of an 12
association 13
122 Formation of parents and citizens association 14
(1) A parents and citizens association may be formed for a State 15
instructional institution in the way prescribed under a 16
regulation. 17
(2) The following persons are eligible to be members of a parents 18
and citizens association formed for a State school-- 19
(a) a parent of a child attending the school; 20
(b) a staff member of the school; 21
(c) an adult, other than a person mentioned in paragraph (a) 22
or (b), who is interested in the school's welfare. 23
s 123 89 s 125
Education (General Provisions) Bill 2006
(3) The following persons are eligible to be members of a parents 1
and citizens association formed for an educational institution 2
established under section 1412-- 3
(a) a staff member of the institution; 4
(b) an adult, other than a person mentioned in paragraph (a), 5
who is interested in the institution's welfare. 6
(4) A State instructional institution's principal is a member of a 7
parents and citizens association formed for the institution. 8
123 Formation of interim parents and citizens association 9
(1) An interim parents and citizens association may be formed for 10
a proposed State instructional institution, in the way 11
prescribed under a regulation, within 2 years before the 12
institution's proposed first day of operation. 13
(2) An adult interested in the welfare of a proposed State 14
instructional institution is eligible to be a member of an 15
interim parents and citizens association formed for the 16
proposed State instructional institution. 17
(3) An interim parents and citizens association formed for a 18
proposed State instructional institution is taken to be a parents 19
and citizens association formed for the institution from the 20
start of operation of the institution. 21
124 Objectives of an association 22
The objectives of an association are to promote the interests 23
of, and facilitate the development and further improvement of, 24
the State instructional institution, or proposed State 25
instructional institution, for which it is formed. 26
125 Functions of an association 27
(1) An association has the following functions-- 28
(a) fostering community interest in educational matters; 29
12 Section 14 (Power to establish institutions that provide educational instruction to
persons enrolled at State schools)
s 125 90 s 125
Education (General Provisions) Bill 2006
(b) trying to bring about closer cooperation between-- 1
(i) for an association formed for a State school--the 2
parents of children attending the school and other 3
members of the community, staff members of the 4
school and students of the school; or 5
(ii) for an association formed for an educational 6
institution established under section 14--members 7
of the community and staff members of the 8
institution; 9
(c) if asked by the principal of the State instructional 10
institution for which it is formed or of its own 11
volition--giving advice and recommendations to the 12
principal about issues relating to persons who receive 13
educational instruction at the institution; 14
(d) if asked by the principal of the State instructional 15
institution for which it is formed or of its own 16
volition--giving advice and recommendations to the 17
principal about the general operations and management 18
of the institution; 19
(e) giving, or assisting in the giving of, financial or other 20
resources or services for the benefit of persons who 21
receive educational instruction at the State instructional 22
institution for which it is formed; 23
(f) if an appropriate resolution is passed at an annual 24
general meeting, general meeting or special meeting of 25
an association formed for a State school--assisting a 26
State preschool centre associated with the school; 27
(g) performing any other functions, not inconsistent with 28
this Act, as the Minister decides. 29
(2) In the performance of its functions, an association must 30
comply with this Act and any written directions the Minister 31
may give the association about-- 32
(a) complying with departmental policies that apply to 33
associations; or 34
(b) a matter relevant to the performance of its functions. 35
s 126 91 s 128
Education (General Provisions) Bill 2006
126 Dissolution of an association 1
An association is dissolved-- 2
(a) if the State instructional institution for which it was 3
formed is closed; or 4
(b) if the number of members of the association is 2 or less; 5
or 6
(c) in other circumstances prescribed under a regulation. 7
Part 2 Officers of an association 8
127 Officers 9
(1) An association must at each annual general meeting of the 10
association elect from its members, as prescribed under a 11
regulation, the following officers-- 12
(a) a president; 13
(b) at least 1 vice-president; 14
(c) a secretary; 15
(d) a treasurer; 16
(e) any additional officers, as decided by the association. 17
(2) The officers hold office in an honorary capacity. 18
(3) The office of treasurer of the association must not be held by 19
the person who is the president or secretary of the association. 20
(4) The principal of the State instructional institution for which 21
the association is formed may not be an office holder of the 22
association. 23
128 Vacation of office 24
(1) The office of an officer of an association becomes vacant if 25
the officer-- 26
(a) dies; or 27
s 129 92 s 129
Education (General Provisions) Bill 2006
(b) resigns his or her office by signed notice given to-- 1
(i) for the president--a vice-president, or the 2
secretary or treasurer, of the association; or 3
(ii) for another officer--the president of the 4
association; or 5
(c) is absent from 3 consecutive meetings of the association, 6
of which the member has been given notice under the 7
association's constitution, without the association's 8
leave and without reasonable excuse. 9
(2) A notice of resignation mentioned in subsection (1)(b) takes 10
effect when the notice is given under that paragraph or, if a 11
later time is stated in the notice, the later time. 12
(3) In this section-- 13
meeting, of the association, means-- 14
(a) if the relevant officer does not attend--a meeting of the 15
association with a quorum for the association present; or 16
(b) if the relevant officer attends--a meeting of the 17
association with or without a quorum for the association 18
present. 19
Part 3 Executive committee of an 20
association 21
129 Executive committee 22
(1) There is an executive committee of an association. 23
(2) The executive committee consists of the following persons-- 24
(a) the president of the association; 25
(b) the vice-president, or vice-presidents, of the association; 26
(c) the secretary of the association; 27
(d) the treasurer of the association. 28
s 130 93 s 131
Education (General Provisions) Bill 2006
130 Restriction on who may be a member of executive 1
committee 2
(1) Subsection (2) applies only at the time of election of the office 3
holders of an association under section 127. 4
(2) The number of relevant staff members of the State 5
instructional institution for which the association is formed 6
who may be members of the executive committee of the 7
association must not be more than one-third of the number of 8
members of the executive committee. 9
(3) Subsection (2) does not apply to the association if-- 10
(a) the chief executive reasonably believes that compliance 11
with the requirement mentioned in that subsection will 12
prevent all the positions of the executive committee 13
being filled; and 14
(b) the chief executive notifies the association that it is not 15
required to comply with that subsection. 16
(4) In this section-- 17
relevant staff member means-- 18
(a) for a State school--a staff member of the school who is 19
not a parent of a child attending the school; or 20
(b) for an educational institution established under section 21
14--a staff member of the institution. 22
131 Urgent matters 23
(1) For urgent matters only relating to the performance of the 24
functions of an association, the executive committee of the 25
association may take any necessary action. 26
(2) Despite the quorum for the association and section 133(1), the 27
action may be taken by a majority vote of the executive 28
committee. 29
(3) However, the executive committee may not remove a person 30
as a member or officer of the association. 31
(4) If the executive committee acts under subsection (1), details 32
of the action must be tabled at the next scheduled general 33
meeting of the association or at a special meeting called for 34
that purpose. 35
s 132 94 s 134
Education (General Provisions) Bill 2006
(5) Failure by the executive committee to comply with subsection 1
(4) does not affect the validity of the action. 2
Part 4 Business of an association 3
132 Presiding at meetings 4
(1) The president of an association must preside at all association 5
meetings at which the president is present. 6
(2) If the president is absent from an association meeting, but a 7
vice-president of the association is present, a vice-president 8
nominated and confirmed by majority vote at the meeting 9
must preside. 10
(3) If neither the president or a vice-president is present at an 11
association meeting or the offices are vacant, an association 12
member chosen by the members present must preside. 13
133 Voting 14
(1) A question at an association meeting is decided by a majority 15
of the votes of the members present. 16
(2) Each member present at an association meeting has a vote on 17
each question to be decided, and if the votes on a question are 18
equal, the person presiding at the meeting also has a casting 19
vote. 20
Part 5 Subcommittees of an 21
association 22
134 Subcommittees 23
(1) An association may establish, and appoint the members of, 24
subcommittees, as prescribed under a regulation. 25
s 135 95 s 136
Education (General Provisions) Bill 2006
(2) If an association is formed for a State instructional institution, 1
the association may establish a subcommittee for a State 2
preschool centre associated with the institution. 3
(3) Subcommittee meetings of an association must be called and 4
conducted-- 5
(a) in the way prescribed under a regulation; and 6
(b) subject to a regulation made under paragraph (a), in the 7
way the association considers appropriate. 8
Part 6 Constitution of an association 9
135 Constitution 10
(1) An association must have a constitution. 11
(2) An association must adopt, or amend, its constitution in the 12
way prescribed under a regulation. 13
(3) An association's constitution, or amendment of the 14
constitution, has no effect unless it is approved by the chief 15
executive. 16
Part 7 Financial provisions 17
136 Use of money received by association 18
Subject to section 141(4), any money received by an 19
association must be applied by the association, at the direction 20
of the Minister, to the following purposes-- 21
(a) firstly, in paying expenses lawfully incurred by the 22
association; 23
(b) secondly, in achieving the objectives, and performing 24
the functions, of an association. 25
s 137 96 s 140
Education (General Provisions) Bill 2006
137 Association is statutory body under the Statutory Bodies 1
Financial Arrangements Act 1982 2
(1) An association is a statutory body under the Statutory Bodies 3
Financial Arrangements Act 1982. 4
(2) The Statutory Bodies Financial Arrangements Act 1982, part 5
2B13 sets out the way in which an association's powers under 6
this Act are affected by the Statutory Bodies Financial 7
Arrangements Act 1982. 8
138 Financial year 9
An association must have a financial year starting on 1 10
January in a year and ending on 31 December in the year. 11
139 Audit of accounts 12
(1) Subject to the Financial Administration and Audit Act 1977, 13
section 74,14 the accounts of an association for each financial 14
year must be audited as prescribed under a regulation. 15
(2) An association must, by 31 May of the following year, give 16
the chief executive a copy of its audited accounts for a 17
financial year. 18
Part 8 Relevant agreements 19
140 Definition for pt 8 20
In this part-- 21
relevant agreement, for an association, means an agreement 22
benefiting persons who receive educational instruction at the 23
State instructional institution for which the association is 24
formed. 25
13 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
14 Financial Administration and Audit Act 1977, section 74 (Exemption of certain
public sector entities from audit by auditor-general)
s 141 97 s 142
Education (General Provisions) Bill 2006
141 Power to enter into relevant agreements 1
(1) Despite this Act or another Act, the Minister and an 2
association, acting jointly or severally, may enter into a 3
relevant agreement with any person. 4
(2) If an association alone proposes to enter into a relevant 5
agreement, before entering into the agreement, it must obtain 6
the written approval of the Minister authorising it to enter into 7
the agreement. 8
(3) An approval under subsection (2) may be given-- 9
(a) generally for a type of agreement; or 10
(b) for a particular agreement. 11
(4) An association must deal with any money it receives under a 12
relevant agreement-- 13
(a) as the Minister directs; or 14
(b) otherwise--as the association believes appropriate, 15
consistent with the objectives of an association. 16
(5) A relevant agreement entered into by an association must 17
contain any conditions required by the Minister by notice-- 18
(a) given to the association; or 19
(b) published in the gazette. 20
(6) The conditions may relate to a stated relevant agreement or 21
relevant agreements of a stated type. 22
142 President to sign relevant agreement for an association 23
If an association makes a resolution to enter into a relevant 24
agreement, the association's president may sign the 25
agreement for the association. 26
s 143 98 s 146
Education (General Provisions) Bill 2006
Part 9 General provisions 1
143 Regulation may provide for membership 2
(1) A regulation may make provision about the way in which a 3
person becomes a member of an association. 4
(2) Subsection (1) is subject to section 122.15 5
(3) However, a person's membership of an association is 6
renewable each year at the annual general meeting of the 7
association. 8
(4) A person who is refused membership of an association may 9
make a submission to the Minister about the refusal, and 10
appeal to a Magistrates Court, as if the person had been a 11
member of the association and been removed from the 12
association. 13
144 Register of members 14
An association must establish and maintain a register of 15
members of the association in the way prescribed under a 16
regulation. 17
145 Protection from liability 18
(1) A member of an association does not incur civil liability for 19
an act done, or omission made, honestly and without 20
negligence under this Act. 21
(2) If subsection (1) prevents a civil liability attaching to a 22
member of an association, the liability attaches instead to the 23
State. 24
146 Association may employ 25
An association may employ the persons it considers necessary 26
to achieve the objectives of an association. 27
15 Section 122 (Formation of parents and citizens association)
s 147 99 s 149
Education (General Provisions) Bill 2006
147 Mandatory insurance cover 1
An association must purchase and maintain the insurance 2
cover required by the chief executive by notice published from 3
time-to-time in the gazette. 4
148 Proceedings 5
(1) A proceeding may be started, and conducted, in the name of 6
an association by-- 7
(a) the association's president; or 8
(b) another member of the association appointed in writing 9
for this subsection by the president. 10
(2) However, the Minister's approval must be obtained before 11
starting the proceeding. 12
(3) A proceeding may be started, and conducted, against an 13
association in its name. 14
(4) A document starting proceedings against an association under 15
subsection (3), and any other document relevant to the 16
proceedings, must be served on a member of the association's 17
executive committee. 18
(5) As soon as practicable after being served with a document 19
under subsection (4), the person served with the document 20
must give the chief executive a copy of the document. 21
(6) The Minister may give an association a written direction 22
about a proceeding started by or against the association under 23
this section. 24
(7) The association must comply with the direction. 25
149 Notice of claim given under Personal Injuries 26
Proceedings Act 2002, s 9(1) 27
(1) A notice of a claim required to be given to an association 28
under the PIP Act, section 9(1) must be given to a member of 29
the association's executive committee. 30
(2) As soon as practicable after receiving a notice of a claim 31
under subsection (1), the person who receives the notice must 32
give the chief executive a copy of the notice. 33
s 150 100 s 151
Education (General Provisions) Bill 2006
(3) The Minister may give an association a written direction 1
about a notice of a claim given to the association under the 2
PIP Act, section 9(1). 3
(4) The association must comply with the direction. 4
(5) In this section-- 5
claim see the PIP Act, schedule. 6
PIP Act means the Personal Injuries Proceedings Act 2002. 7
150 Authority of an association 8
(1) Subsection (2) applies to a State instructional institution for 9
which an association is formed. 10
(2) Without derogating from the authority of the institution's 11
principal in the principal's capacity as the person in charge of 12
the institution, the association may exercise the authority in 13
relation to the institution that is consistent with the functions 14
of an association. 15
(3) An association must not exercise any authority over the 16
teaching staff, or over the control or management, of the State 17
instructional institution for which the association is formed. 18
151 Disclosure of interests by members of an association 19
(1) This section applies to a member of a relevant entity (the 20
interested member) if-- 21
(a) the interested member has a direct or indirect financial 22
interest in an issue being considered, or about to be 23
considered, by the entity; and 24
(b) the interest could conflict with the proper performance 25
of the interested member's duties in relation to the 26
consideration of the issue. 27
(2) As soon as practicable after the relevant facts come to the 28
interested member's knowledge, the interested member must 29
disclose the nature of the interest to a meeting of the entity. 30
(3) Unless the entity otherwise directs, the interested member 31
must not-- 32
(a) be present when the entity considers the issue; or 33
s 152 101 s 152
Education (General Provisions) Bill 2006
(b) take part in a decision of the entity about the issue. 1
(4) The interested member must not be present when the entity is 2
considering whether to give a direction under subsection (3). 3
(5) If there is another member of the entity who must, under 4
subsection (2), also disclose an interest in the issue, the other 5
member must not-- 6
(a) be present when the entity is considering whether to 7
give a direction under subsection (3); or 8
(b) take part in making the decision about giving the 9
direction. 10
(6) If-- 11
(a) because of this section, a member of the entity is not 12
present at an entity meeting for considering or deciding 13
an issue, or for considering or deciding whether to give a 14
direction under subsection (3); and 15
(b) there would be a quorum for the entity if the member 16
were present; 17
the remaining members present are a quorum for the entity for 18
considering or deciding the issue, or for considering or 19
deciding whether to give the direction, at the meeting. 20
(7) A disclosure under subsection (2) must be recorded in the 21
entity's minutes. 22
(8) In this section-- 23
relevant entity means-- 24
(a) an association; or 25
(b) the executive committee, or a subcommittee, of an 26
association. 27
152 Honorary life membership of an association 28
(1) An association, other than an interim parents and citizens 29
association, may decide to award honorary life membership of 30
the association to a person who is or was a member of the 31
association. 32
s 153 102 s 153
Education (General Provisions) Bill 2006
(2) The only basis for the award may be that the person has given 1
long and meritorious service to the association. 2
(3) The decision must be made by a two-third majority vote of the 3
members present at an annual general meeting of the 4
association. 5
(4) A person who is the subject of a proposed resolution to award 6
the person honorary life membership of an association must 7
not-- 8
(a) be present during discussions about the proposal, or 9
voting on it, at a meeting of the association; and 10
(b) if the person is a member of the association--exercise 11
the member's right to vote on the proposal, despite 12
section 133(2). 13
Part 10 Removal of members and 14
officers of an association 15
153 Definitions for pt 10 16
In this part-- 17
nominated person, for an association, means a person who is 18
a member, or a member and officer, of the association. 19
notice of removal means a notice, under section 156(3), from 20
an association to a nominated person for the association 21
removing the nominated person. 22
remove, a nominated person for an association, means-- 23
(a) if the person is a member only of the 24
association--remove the person as a member of the 25
association; or 26
(b) if the person is a member of the association and one of 27
its officers--remove the person as a member and officer 28
of the association, or as an officer of the association 29
only. 30
removed person see section 157(1). 31
s 154 103 s 156
Education (General Provisions) Bill 2006
154 Removal of nominated person 1
An association may remove a nominated person for the 2
association only under this part. 3
155 Grounds for removal 4
Each of the following is a ground for removing a nominated 5
person for an association-- 6
(a) the nominated person is convicted of an indictable 7
offence; 8
(b) the nominated person, without reasonable excuse, 9
contravenes this Act or the association's constitution; 10
(c) for a nominated person who is an officer of the 11
association--the nominated person, without reasonable 12
excuse, fails to perform the duties of the office held in a 13
competent manner; 14
(d) the nominated person engages in other conduct that is 15
injurious or prejudicial to-- 16
(i) the promotion of the interests of, or the facilitating 17
of the development and further improvement of, 18
the State instructional institution, or proposed State 19
instructional institution, for which the association 20
is formed; or 21
(ii) the good order and management of the State 22
instructional institution, or proposed State 23
instructional institution, for which the association 24
is formed. 25
156 Procedure for removal of nominated person 26
(1) If an association considers a ground exists to remove a 27
nominated person for the association, the association must 28
give the nominated person a notice stating the following-- 29
(a) the action (the proposed action) the association 30
proposes taking under this part; 31
(b) the grounds for the proposed action; 32
s 156 104 s 156
Education (General Provisions) Bill 2006
(c) an outline of the facts and circumstances forming the 1
basis for the grounds; 2
(d) an invitation to the nominated person to show, within a 3
stated time of at least 14 days, why the proposed action 4
should not be taken. 5
(2) If, after considering all written representations made within 6
the stated time, the association still considers a ground to take 7
the proposed action exists, the association may-- 8
(a) if the proposed action was to remove the nominated 9
person as a member only--remove the nominated 10
person as a member; or 11
(b) if the proposed action was to remove the nominated 12
person as an officer only--remove the nominated person 13
as an officer; or 14
(c) if the proposed action was to remove the nominated 15
person as both a member and an officer--remove the 16
nominated person as both a member and an officer, or as 17
an officer only. 18
(3) The association must notify the nominated person of the 19
decision. 20
(4) The notice must be given within 14 days after the association 21
makes its decision. 22
(5) If the association decides to remove the nominated person, the 23
notice must state-- 24
(a) the reasons for the decision; and 25
(b) the day, under subsection (6), on which the decision 26
takes effect; and 27
(c) that the person may make a submission to the Minister 28
against the decision; and 29
(d) the name and address of the Minister; and 30
(e) the way in which the submission may be made. 31
(6) The decision takes effect on the later of the following-- 32
(a) the day the notice is given to the nominated person; 33
(b) the day of effect stated in the notice. 34
s 157 105 s 157
Education (General Provisions) Bill 2006
(7) However, if the nominated person is removed from office 1
because of the conviction of the person for an indictable 2
offence-- 3
(a) the removal does not take effect until-- 4
(i) the end of the time to appeal against the 5
conviction; and 6
(ii) if an appeal is made against the conviction--the 7
appeal is finally decided; and 8
(b) the removal has no effect if the conviction is quashed on 9
appeal. 10
157 Submissions against removal 11
(1) A nominated person for an association (the removed person) 12
removed by the association under section 156 may make a 13
submission against the removal to the Minister. 14
(2) The submission must-- 15
(a) be in writing; and 16
(b) include an address in Australia to which notices for the 17
removed person may be sent; and 18
(c) state fully the grounds for the submission and the facts 19
relied on; and 20
(d) include a copy of the notice of removal given to the 21
person. 22
(3) The submission must be given to the Minister-- 23
(a) within 14 days of the notice of removal being given to 24
the removed person; or 25
(b) if the Minister allows a later time for giving the 26
submission--the later time. 27
(4) However, if the removed person resigns or purports to resign 28
from the association as a member or officer after receipt of the 29
notice of removal, the removed person may not make a 30
submission under subsection (1). 31
s 158 106 s 159
Education (General Provisions) Bill 2006
158 Dealing with submissions against removal 1
(1) If a submission is made by a removed person under section 2
157, the Minister must, as soon as practicable, consider the 3
decision the subject of the submission (the removal decision) 4
and the submission. 5
(2) After reviewing the removal decision, the Minister must make 6
a further decision (the review decision) to-- 7
(a) confirm the removal decision; or 8
(b) amend the removal decision; or 9
(c) substitute another decision for the removal decision. 10
(3) The Minister must, as soon as practicable, give notice to the 11
removed person and relevant association about-- 12
(a) the review decision; and 13
(b) the reasons for the review decision; and 14
(c) the removed person's right to appeal, under section 406, 15
against the review decision, including the time within 16
which the removed person may appeal. 17
Chapter 8 Enrolment at State schools 18
Part 1 Applications for enrolment 19
Division 1 Requirements for enrolment 20
159 Application 21
(1) An application for the enrolment of a person (the prospective 22
student) at a State school must-- 23
(a) be made to the school's principal; and 24
(b) be made in the approved form; and 25
(c) be accompanied by-- 26
s 160 107 s 160
Education (General Provisions) Bill 2006
(i) satisfactory evidence that the applicant is eligible 1
to apply for the enrolment; and 2
(ii) any other documents, identified in the form, the 3
principal reasonably requires to decide the 4
application. 5
(2) The application may only be made by-- 6
(a) if the prospective student is a child--a parent of the 7
child; or 8
(b) if the prospective student is an adult--the prospective 9
student. 10
(3) Despite subsection (2)(a), if the prospective student is a child, 11
the principal may deal with an application for enrolment at the 12
school made by the child if the principal reasonably believes it 13
is in the child's best interests for the child to make the 14
application. 15
160 Enrolment 16
(1) Subject to subsections (2) and (3), the principal must enrol the 17
prospective student at the school if the prospective student is 18
entitled under this Act to be enrolled at the school. 19
(2) If the principal reasonably believes the prospective student 20
would, if enrolled at the school, pose an unacceptable risk to 21
the safety or wellbeing of members of the school community, 22
the principal must refer the application to the chief executive 23
to be dealt with under division 2. 24
(3) If the school is a special school, the principal must refer the 25
application to the chief executive to be dealt with under 26
division 3. 27
s 161 108 s 163
Education (General Provisions) Bill 2006
Division 2 Applications relating to prospective 1
students who are a risk to the safety 2
or wellbeing of certain persons 3
161 Application of div 2 4
This division applies if a State school's principal, under 5
section 160(2), refers an application for enrolment of a 6
prospective student at the school to the chief executive. 7
162 Not a risk to safety or wellbeing 8
(1) Subsection (2) applies if the chief executive does not 9
reasonably believe the prospective student would, if enrolled 10
at the school, pose an unacceptable risk to the safety or 11
wellbeing of members of the school community. 12
(2) The chief executive must, as soon as practicable, refer the 13
application back to the principal to be dealt with under section 14
160. 15
(3) If the application is referred back to the principal under 16
subsection (2), section 160(2) does not apply to the 17
application. 18
163 Risk to safety or wellbeing 19
(1) If the chief executive reasonably believes the prospective 20
student would, if enrolled at the school, pose an unacceptable 21
risk to the safety or wellbeing of members of the school 22
community, the chief executive must give the applicant a 23
notice (a show cause notice) stating the following-- 24
(a) that the chief executive proposes to decide to refuse 25
enrolment of the prospective student at the school (the 26
proposed action); 27
(b) the grounds for the proposed action; 28
(c) an outline of the facts and circumstances forming the 29
basis for the grounds; 30
s 164 109 s 166
Education (General Provisions) Bill 2006
(d) an invitation to the applicant to show within a stated 1
period (the show cause period) why the proposed action 2
should not be taken. 3
(2) The show cause period must be a period ending at least 14 4
days after the show cause notice is given to the applicant. 5
164 Representations about show cause notice 6
(1) The applicant may make written representations about the 7
show cause notice to the chief executive in the show cause 8
period. 9
(2) The chief executive must consider all written representations 10
(the accepted representations) made under subsection (1). 11
165 Ending show cause process without further action 12
(1) If, after considering any accepted representations for the show 13
cause notice, the chief executive does not reasonably believe 14
the prospective student would, if enrolled at the school, pose 15
an unacceptable risk to the safety or wellbeing of members of 16
the school community, the chief executive-- 17
(a) must not take further action about the show cause 18
notice; and 19
(b) must, as soon as practicable, give notice to the applicant 20
that no further action is to be taken about the show cause 21
notice; and 22
(c) must, as soon as practicable, refer the application back 23
to the principal to be dealt with under section 160. 24
(2) If the application is referred back to the principal under 25
subsection (1)(c), section 160(2) does not apply to the 26
application. 27
166 Refusal of enrolment 28
(1) This section applies if, after considering any accepted 29
representations for the show cause notice, the chief executive 30
reasonably believes the prospective student would, if enrolled 31
at the school, pose an unacceptable risk to the safety or 32
wellbeing of members of the school community. 33
s 167 110 s 169
Education (General Provisions) Bill 2006
(2) This section also applies if there are no accepted 1
representations for the show cause notice. 2
(3) The chief executive must decide to refuse enrolment of the 3
prospective student at the school. 4
(4) The chief executive must as soon as practicable-- 5
(a) give an information notice about the decision to the 6
applicant; and 7
(b) give the principal notice of the decision. 8
(5) If the chief executive decides to refuse enrolment of the 9
prospective student at the school under this section, the 10
decision is binding on the principal. 11
167 Time limit on making another application for enrolment 12
If the applicant is given an information notice under section 13
166(4), a later application for enrolment of the prospective 14
student at the school may not be made within 1 year after the 15
giving of the information notice. 16
Division 3 Enrolment at special schools 17
168 Application of div 3 18
This division applies if a special school's principal, under 19
section 160(3), refers an application for enrolment of a 20
prospective student at the school to the chief executive. 21
169 Meaning of person with a disability 22
(1) A person with a disability is a person who is decided, in 23
accordance with a policy approved under subsection (2), to be 24
unlikely to attain the levels of development of which the 25
person is capable unless the person receives special education. 26
(2) The Minister must approve a policy about the criteria to be 27
considered in deciding whether a person is a person with a 28
disability. 29
s 170 111 s 170
Education (General Provisions) Bill 2006
(3) The chief executive must keep a copy of a policy approved 1
under subsection (2) available for inspection and permit a 2
person-- 3
(a) to inspect the policy without fee; and 4
(b) to take extracts from the policy without fee. 5
(4) For subsection (3)-- 6
(a) a copy of the policy-- 7
(i) must be kept at the head office of the department; 8
and 9
(ii) may be kept at any other place the chief executive 10
considers appropriate; and 11
(b) the copy kept under paragraph (a) must be available for 12
inspection during office hours on business days for the 13
office or place. 14
(5) Also, the chief executive must supply a copy of a policy 15
approved under subsection (2), or a part of the policy, to a 16
person on request, without fee. 17
(6) In addition, the chief executive must keep a copy of a policy 18
approved under subsection (2) posted on the department's 19
web site on the Internet. 20
21
Editor's note--
22
The department's web site address on the Internet is
23
.
170 Requirements for enrolment satisfied 24
(1) Subsection (2) applies if the chief executive is satisfied-- 25
(a) the prospective student is a person with a disability; and 26
(b) the special school is able to cater for the educational 27
needs of the prospective student. 28
(2) The chief executive must, as soon as practicable, refer the 29
application back to the principal to be dealt with under section 30
160. 31
s 171 112 s 172
Education (General Provisions) Bill 2006
(3) If the application is referred back to the principal under 1
subsection (2), section 160(3) does not apply to the 2
application. 3
171 Requirements for enrolment not satisfied 4
(1) This section applies if the chief executive is not satisfied-- 5
(a) the prospective student is a person with a disability; and 6
(b) the special school is able to cater for the educational 7
needs of the prospective student. 8
(2) The chief executive must decide to refuse enrolment of the 9
prospective student at the school. 10
(3) The chief executive must, as soon as practicable-- 11
(a) give an information notice about the decision to the 12
applicant; and 13
(b) give the principal notice of the decision. 14
(4) If the chief executive decides to refuse enrolment of the 15
prospective student at the school under this section, the 16
decision is binding on the principal. 17
Part 2 Enrolment agreements 18
172 Requirements relating to enrolment agreements 19
(1) A State school's principal must ensure an up-to-date 20
enrolment agreement applies to the school. 21
(2) The principal must, before enrolling a prospective student at 22
the school, give a copy of the enrolment agreement to-- 23
(a) if the prospective student is a child--a parent of the 24
prospective student; or 25
(b) if the prospective student is an adult--the prospective 26
student. 27
(3) Also, the principal must try to-- 28
s 173 113 s 173
Education (General Provisions) Bill 2006
(a) have a person who receives a copy of the enrolment 1
agreement under subsection (2) sign the enrolment 2
agreement and return it to the principal; or 3
(b) obtain a written acknowledgment by a person who 4
receives a copy of the enrolment agreement under 5
subsection (2) that the person received a copy of the 6
enrolment agreement. 7
(4) Subsection (2)(a) does not apply if the principal is satisfied it 8
would be inappropriate in the circumstances to give a copy of 9
the enrolment agreement to a parent of the prospective 10
student. 11
12
Example--
13
It may be inappropriate to give a copy of the enrolment agreement to a
14
parent of the prospective student if the prospective student is living
15
independently of his or her parents.
(5) If subsection (4) applies, the principal must, before enrolling 16
the prospective student at the school, give a copy of the 17
enrolment agreement to the prospective student. 18
(6) In this section-- 19
enrolment agreement means a document that states the 20
respective rights and obligations, about the education of 21
persons at a State school, of-- 22
(a) persons enrolled at the school; and 23
(b) the parents of children enrolled at the school; and 24
(c) the staff of the school. 25
Part 3 Enrolment management plans 26
173 Definitions for pt 3 27
In this part-- 28
catchment area, for a State school, means the geographical 29
area decided by the chief executive from which the school is 30
to have its principal intake of students. 31
s 174 114 s 175
Education (General Provisions) Bill 2006
effective enrolment management plan, for a State school, 1
means an enrolment management plan that has effect for the 2
school under section 174. 3
enrolment management plan, for a State school, means a 4
document stating-- 5
(a) the school's catchment area; and 6
(b) the school's enrolment capacity for persons whose 7
principal place of residence is outside the catchment 8
area; and 9
(c) the requirements for enrolment at the school to be 10
satisfied by a person whose principal place of residence 11
is outside the catchment area. 12
174 Preparation of enrolment management plan 13
(1) The chief executive may prepare an enrolment management 14
plan for a State school. 15
(2) As soon as practicable after preparing an enrolment 16
management plan for a State school, the chief executive must 17
publish a notice in the gazette stating that-- 18
(a) the enrolment management plan has been prepared; and 19
(b) a copy of the enrolment management plan is available 20
for public inspection, without charge-- 21
(i) during normal business hours at the department's 22
head office; and 23
(ii) on the department's stated web site on the Internet. 24
(3) An enrolment management plan, prepared under subsection 25
(1), has effect on and from-- 26
(a) the day a notice about the enrolment management plan 27
is published under subsection (2); or 28
(b) a later day stated in the notice. 29
175 Applicant for enrolment--residing in catchment area 30
(1) This section applies if-- 31
s 176 115 s 176
Education (General Provisions) Bill 2006
(a) a State school's principal receives an application, under 1
section 159, for the enrolment of a person at the school; 2
and 3
(b) there is an effective enrolment management plan for the 4
school; and 5
(c) the person's principal place of residence is in the 6
school's catchment area stated in the effective enrolment 7
management plan. 8
(2) Subject to this Act, the person is entitled to be enrolled at the 9
school. 10
176 Applicant for enrolment--residing outside catchment 11
area 12
(1) This section applies if-- 13
(a) a State school's principal receives an application, under 14
section 159, for the enrolment of a person at the school; 15
and 16
(b) there is an effective enrolment management plan for the 17
school; and 18
(c) the person's principal place of residence is outside the 19
school's catchment area stated in the effective enrolment 20
management plan; and 21
(d) the school's enrolment capacity for persons whose 22
principal place of residence is outside the catchment 23
area, stated in the effective enrolment management plan, 24
is not satisfied. 25
(2) Subject to this Act, the person is entitled to be enrolled at the 26
school if the person satisfies the requirements for enrolment 27
stated in the effective enrolment management plan. 28
s 177 116 s 179
Education (General Provisions) Bill 2006
Part 4 Enrolment eligibility plans 1
177 Definitions for pt 4 2
In this part-- 3
effective enrolment eligibility plan, for a State school, means 4
an enrolment eligibility plan that has effect for the school 5
under section 178. 6
enrolment eligibility plan, for a State school, means a 7
document stating-- 8
(a) the school's enrolment capacity; and 9
(b) the requirements for enrolment at the school. 10
178 Preparation of enrolment eligibility plan 11
(1) The chief executive may prepare an enrolment eligibility plan 12
for a State school. 13
(2) As soon as practicable after preparing an enrolment eligibility 14
plan for a State school, the chief executive must publish a 15
notice in the gazette stating that-- 16
(a) the enrolment eligibility plan has been prepared; and 17
(b) a copy of the enrolment eligibility plan is available for 18
public inspection, without charge-- 19
(i) during normal business hours at the department's 20
head office; and 21
(ii) on the department's stated web site on the Internet. 22
(3) An enrolment eligibility plan, prepared under subsection (1), 23
has effect on and from-- 24
(a) the day a notice about the enrolment eligibility plan is 25
published under subsection (2); or 26
(b) a later day stated in the notice. 27
179 Application for enrolment 28
(1) This section applies if-- 29
s 180 117 s 180
Education (General Provisions) Bill 2006
(a) a State school's principal receives an application, under 1
section 159, for the enrolment of a person at the school; 2
and 3
(b) there is an effective enrolment eligibility plan for the 4
school; and 5
(c) the school's enrolment capacity, stated in the effective 6
enrolment eligibility plan for the school, is not satisfied. 7
(2) Subject to this Act, the person is entitled to be enrolled at the 8
school if the person satisfies the requirements for enrolment 9
stated in the effective enrolment eligibility plan. 10
Chapter 9 Compulsory schooling 11
Part 1 Compulsory schooling 12
requirement 13
Division 1 Parents' obligations 14
180 Obligation of each parent 15
(1) Each parent of a child who is of compulsory school age 16
must-- 17
(a) ensure the child is enrolled at a State school or non-State 18
school; and 19
(b) ensure the child attends the State school or non-State 20
school, on every school day, for the educational program 21
in which the child is enrolled; 22
unless the parent has a reasonable excuse. 23
Maximum penalty-- 24
(a) for a first offence--6 penalty units; or 25
s 181 118 s 182
Education (General Provisions) Bill 2006
(b) for a second or subsequent offence, whether or not 1
relating to the same child of the parent--12 penalty 2
units. 3
(2) Without limiting subsection (1), it is a reasonable excuse for a 4
parent (the relevant parent) that-- 5
(a) the child lives with another parent and the relevant 6
parent believes, on reasonable grounds, that the other 7
parent is complying with subsection (1); or 8
(b) in all the circumstances, the relevant parent is not 9
reasonably able to control the child's behaviour to the 10
extent necessary to comply with subsection (1). 11
(3) Subsection (1) applies subject to parts 2 to 4.16 12
181 What is attendance 13
(1) A child attends a State school or non-State school only if the 14
child complies with the school's requirements about 15
physically attending, at particular times, its premises or 16
another place. 17
(2) However, despite subsection (1)-- 18
(a) a child enrolled in a program of distance education is 19
taken to attend the school of distance education offering 20
the program by completing and returning the assigned 21
work for the program; and 22
(b) a child enrolled in an external program is taken to attend 23
the State school or non-State school offering the 24
program by complying with its requirements about 25
communicating with or contacting the school for the 26
purpose of participating in the program. 27
182 Notice to, and meeting with, parent 28
(1) This section applies if an authorised officer reasonably 29
suspects-- 30
16 Parts 2 (Flexible arrangements), 3 (Exemption from compliance with compulsory
schooling requirement) and 4 (Other circumstances in which compulsory schooling
requirement does not apply)
s 183 119 s 183
Education (General Provisions) Bill 2006
(a) a child who is of compulsory school age-- 1
(i) is not enrolled at a State school or non-State 2
school; or 3
(ii) is not attending the State school or non-State 4
school at which the child is enrolled, on every 5
school day, for the educational program in which 6
the child is enrolled; and 7
(b) parts 2 to 4 do not apply to the child. 8
(2) The officer may give a parent of the child a notice in the 9
approved form about the parent's obligation under section 10
180(1). 11
(3) The officer may also meet with the parent to discuss the 12
obligation. 13
(4) If, despite the officer taking reasonable steps to meet with the 14
parent under subsection (3), no meeting is held, the officer 15
may give the parent a warning notice in the approved form. 16
(5) For the Police Powers and Responsibilities Act 2000, section 17
14,17 an authorised officer acting under this section is a public 18
official performing a function authorised by this Act. 19
(6) In this section-- 20
authorised officer means the chief executive or an officer of 21
the department authorised by the chief executive for this 22
section. 23
183 Limits on proceedings against a parent 24
(1) Proceedings for an offence against section 180(1) may be 25
brought against a parent-- 26
(a) only by the chief executive or with the chief executive's 27
consent; and 28
(b) only if the time when the parent is alleged to have 29
committed the offence is after-- 30
17 Police Powers and Responsibilities Act 2000, section 14 (Helping public officials
exercise powers under other Acts)
s 184 120 s 185
Education (General Provisions) Bill 2006
(i) the parent has been given a notice under section 1
182(2); and 2
(ii) at least 1 meeting has been held with the parent 3
under section 182(3) or the parent has been given a 4
warning notice under section 182(4). 5
(2) The chief executive (child safety) is not liable to be 6
prosecuted for an offence against section 180(1). 7
Division 2 Chief executive may obtain 8
information from non-State schools 9
184 Notice to principal of non-State school 10
(1) The chief executive may, by notice given to the principal of a 11
non-State school, ask the principal for information about the 12
enrolment or attendance at the school of a child who is of 13
compulsory school age. 14
(2) Without limiting subsection (1), the chief executive may ask 15
for information that the chief executive believes may-- 16
(a) help in the investigation of an alleged contravention of 17
section 180(1); or 18
(b) help the chief executive or an authorised person acting 19
under section 182; or 20
(c) otherwise help the chief executive or an authorised 21
person to decide whether or not a parent is contravening 22
section 180(1). 23
185 Protection from liability 24
(1) This section applies to a principal of a non-State school for 25
complying with a request of the chief executive under section 26
184. 27
(2) The principal is not civilly liable for an act done, or omission 28
made, honestly and without negligence for complying with 29
the request. 30
s 186 121 s 186
Education (General Provisions) Bill 2006
(3) If subsection (2) prevents a civil liability attaching to the 1
principal, the liability attaches instead to the non-State 2
school's governing body. 3
Part 2 Flexible arrangements 4
186 Flexible arrangements--non-State school 5
(1) The authorised entity for a non-State school may approve 6
arrangements for a student enrolled at the school that are to 7
apply to the student instead of participation in the school's 8
educational programs in the usual way. 9
(2) The authorised entity may approve the arrangements only if-- 10
(a) a teacher has prepared written assessments of-- 11
(i) the student's educational and other needs; and 12
(ii) the learning outcomes that the arrangements are 13
intended to achieve; and 14
(iii) the suitability of each provider for the 15
arrangements; and 16
(b) the authorised entity has considered-- 17
(i) the written assessments prepared under paragraph 18
(a); and 19
(ii) how, and by whom, the student's participation in 20
the arrangements is to be monitored; and 21
(iii) how, and by whom, each provider's involvement in 22
the arrangements is to be monitored and its 23
effectiveness evaluated; and 24
(c) the authorised entity is satisfied the arrangements are 25
appropriate, having regard to-- 26
(i) the student's individual needs and circumstances; 27
and 28
s 186 122 s 186
Education (General Provisions) Bill 2006
(ii) what the authorised entity considers is most likely 1
to achieve the best learning outcomes for the 2
student; and 3
(iii) the desirability, unless it would be inappropriate in 4
all the circumstances, of the arrangements 5
requiring the student's participation at a level that 6
is equivalent to full-time participation in the 7
school's educational programs in the usual way; 8
and 9
(iv) any other matter prescribed under a regulation. 10
(3) However, the authorised entity must not approve the 11
arrangements unless-- 12
(a) if the student is of compulsory school age-- 13
(i) a parent of the student has given written agreement 14
to the arrangements; and 15
(ii) the authorised entity has discussed the 16
arrangements with the student to the extent the 17
authorised entity considers appropriate, having 18
regard to the student's age and other relevant 19
circumstances; or 20
(b) if the student is in the compulsory participation phase-- 21
(i) the student gives written agreement to the 22
arrangements; and 23
(ii) the authorised entity has discussed the 24
arrangements with the student's parents to the 25
extent the authorised entity considers is practicable 26
and appropriate in the circumstances. 27
(4) The non-State school's governing body must keep, for at least 28
5 years after the arrangements stop applying to the student-- 29
(a) the written assessments prepared under subsection 30
(2)(a); and 31
(b) a record of the authorised entity's consideration of the 32
matters stated in subsection (2)(b); and 33
(c) the written agreement obtained under subsection (3). 34
s 187 123 s 187
Education (General Provisions) Bill 2006
(5) Subsection (3)(a)(i) does not apply if the authorised entity is 1
satisfied it would be impracticable or inappropriate in the 2
circumstances to require the written agreement of a parent. 3
4
Example--
5
It may be inappropriate to require a parent's written agreement if the
6
student is living independently of his or her parents.
(6) In this section-- 7
authorised entity, for a non-State school, means-- 8
(a) the school's governing body; or 9
(b) a staff member of the school given written authorisation 10
by the governing body for this section. 11
provider, in relation to arrangements for a student, means an 12
entity directly involved in providing a program to the student 13
under the arrangements. 14
student means a student who is of compulsory school age or 15
in the compulsory participation phase. 16
187 Flexible arrangements--State school 17
(1) The chief executive may approve arrangements for a student 18
enrolled at a State school that are to apply to the student 19
instead of participation in the school's educational programs 20
in the usual way. 21
(2) Section 186(2), (3), (5) and (6), except the definition 22
authorised entity, apply to the chief executive and the student 23
as if-- 24
(a) a reference to the authorised entity were a reference to 25
the chief executive; and 26
(b) a reference to the non-State school were a reference to 27
the State school. 28
s 188 124 s 190
Education (General Provisions) Bill 2006
Part 3 Exemption from compliance 1
with compulsory schooling 2
requirement 3
Division 1 Preliminary 4
188 Definition for pt 3 5
In this part-- 6
exemption means an exemption from compliance with section 7
180(1). 8
Division 2 Bases for granting an exemption 9
189 Attendance is impossible or should not be required 10
The chief executive may issue an exemption for a child if the 11
chief executive is reasonably satisfied-- 12
(a) the child can not attend a State school or non-State 13
school; or 14
(b) it would be unreasonable in all the circumstances to 15
require the child to attend a State school or non-State 16
school. 17
Division 3 Application process 18
190 Application for exemption 19
(1) A parent of a child who is of compulsory school age may 20
apply for an exemption for the child for a stated or indefinite 21
period. 22
(2) The application must-- 23
(a) be made to the chief executive; and 24
(b) be in the approved form. 25
s 191 125 s 193
Education (General Provisions) Bill 2006
(3) The applicant must provide any other relevant information 1
reasonably required by the chief executive to decide the 2
application. 3
191 Lapsing of application 4
(1) The chief executive may make a requirement under section 5
190(3), for information to decide the application, by giving 6
the applicant a notice stating-- 7
(a) the required information; and 8
(b) the time by which the information must be given to the 9
chief executive; and 10
(c) that, if the information is not given to the chief executive 11
by the stated time, the application will lapse. 12
(2) The time stated must be reasonable and, in any case, at least 13
14 days after the requirement is made. 14
(3) The chief executive may withdraw the requirement, or part of 15
the requirement, at any time. 16
(4) Before the stated time ends, the chief executive may give the 17
applicant a further notice extending the stated time if the chief 18
executive is satisfied it would be reasonable in all the 19
circumstances to give the extension. 20
(5) If the applicant does not comply with the requirement within 21
the stated time, or any extension, the application lapses. 22
192 Temporary exemption until application is decided 23
Section 180(1) does not apply to a parent of the child until-- 24
(a) 14 days after the chief executive gives notice to the 25
applicant under section 193; or 26
(b) the application lapses. 27
193 Decision 28
(1) The chief executive must consider the application and either 29
grant, or refuse to grant, the application. 30
s 194 126 s 196
Education (General Provisions) Bill 2006
(2) If the chief executive decides to grant the application, the 1
chief executive must as soon as practicable issue the 2
exemption to the applicant. 3
(3) If the chief executive decides to refuse to grant the 4
application, the chief executive must as soon as practicable 5
give the applicant an information notice about the decision. 6
194 Contents of exemption 7
(1) This section applies if the chief executive decides to issue an 8
exemption. 9
(2) The exemption must state each of the following-- 10
(a) the day the exemption is issued; 11
(b) the name of the child to whom the exemption relates; 12
(c) if the exemption does not apply for an indefinite 13
period--the day of its expiry; 14
(d) any conditions on which the exemption is granted. 15
195 Imposition of conditions 16
(1) The chief executive may, in granting the application, decide to 17
impose conditions on the exemption that are relevant and 18
reasonable. 19
(2) If the chief executive decides to issue an exemption on 20
conditions, the chief executive must as soon as practicable 21
give the applicant an information notice about the decision. 22
196 Lesser period of exemption than that applied for 23
(1) The chief executive may, in granting the application, decide to 24
issue the exemption for a lesser period than that applied for by 25
the applicant for the exemption. 26
(2) If the chief executive decides to issue an exemption for a 27
lesser period than that applied for by the applicant for the 28
exemption, the chief executive must as soon as practicable 29
give the applicant an information notice about the decision. 30
s 197 127 s 199
Education (General Provisions) Bill 2006
Division 4 Cancellation of exemption 1
197 Grounds for cancellation 2
Each of the following is a ground for cancelling an exemption 3
for a child-- 4
(a) the ground for the issue of the exemption no longer 5
applies to the child; or 6
(b) a condition of the exemption has been contravened. 7
198 Show cause notice 8
(1) If the chief executive reasonably believes a ground exists to 9
cancel the exemption for a child, the chief executive must give 10
a parent of the child a notice under this section (a show cause 11
notice). 12
(2) The show cause notice must state the following-- 13
(a) the action (the proposed action) the chief executive 14
proposes taking under this division; 15
(b) the ground for the proposed action; 16
(c) an outline of the facts and circumstances forming the 17
basis for the ground; 18
(d) an invitation to the parent to show within a stated period 19
(the show cause period) why the proposed action should 20
not be taken. 21
(3) The show cause period must be a period ending at least 30 22
days after the show cause notice is given to the parent. 23
199 Representations about show cause notice 24
(1) The parent may make written representations about the show 25
cause notice to the chief executive in the show cause period. 26
(2) The chief executive must consider all written representations 27
(the accepted representations) made under subsection (1). 28
s 200 128 s 201
Education (General Provisions) Bill 2006
200 Ending show cause process without further action 1
If, after considering any accepted representations for the show 2
cause notice, the chief executive no longer believes the ground 3
to cancel the exemption exists, the chief executive-- 4
(a) must not take further action about the show cause 5
notice; and 6
(b) must, as soon as practicable, give notice to the parent 7
that no further action will be taken about the show cause 8
notice. 9
201 Cancellation 10
(1) This section applies if, after considering any accepted 11
representations for the show cause notice, the chief 12
executive-- 13
(a) still believes the ground to cancel the exemption exists; 14
and 15
(b) believes cancellation of the exemption is warranted. 16
(2) This section also applies if there are no accepted 17
representations for the show cause notice. 18
(3) The chief executive may decide to cancel the exemption. 19
(4) The chief executive must, as soon as practicable, give an 20
information notice about the decision to the parent. 21
(5) The decision does not take effect until-- 22
(a) the last day to apply for a review of the decision; or 23
(b) if the decision is reviewed-- 24
(i) the last day to appeal against the review decision; 25
or 26
(ii) if an appeal is started against the review 27
decision--the day the appeal is decided. 28
(6) In this section-- 29
appeal, against a review decision, means appeal against the 30
decision under chapter 15, part 2. 31
review decision see section 396(2). 32
s 202 129 s 204
Education (General Provisions) Bill 2006
review, of a decision, means review of the decision under 1
chapter 15, part 1. 2
Part 4 Other circumstances in which 3
compulsory schooling 4
requirement does not apply 5
202 Activities under Commonwealth law 6
Section 180(1) does not apply to the extent it is inconsistent 7
with a law of the Commonwealth under which a person who is 8
of compulsory school age may carry on an activity other than 9
attending a State school or non-State school. 10
203 Home education 11
(1) Section 180(1) does not apply to a child who is provisionally 12
registered, or registered, for home education under part 5. 13
(2) Also, section 180(1) does not apply to a child-- 14
(a) if an application has been made, under part 5, for the 15
provisional registration, or registration, of the child for 16
home education; and 17
(b) the applicant has not been given notice of the decision 18
on the application. 19
204 Child's exclusion or suspension 20
(1) Section 180(1) does not apply-- 21
(a) to a child who is excluded from all State schools; or 22
(b) for a child who is excluded from a particular State 23
school, during the time reasonably required, after the 24
exclusion, for a parent of the child-- 25
(i) to arrange the child's enrolment with another State 26
school or a non-State school; or 27
s 205 130 s 205
Education (General Provisions) Bill 2006
(ii) to provisionally register, or register, the child for 1
home education under part 5; or 2
(c) for a child who is excluded from particular State 3
schools, during the time reasonably required, after the 4
exclusion, for a parent of the child-- 5
(i) to arrange the child's enrolment with a State school 6
not affected by the exclusion or a non-State school; 7
or 8
(ii) to provisionally register, or register, the child for 9
home education under part 5. 10
(2) Section 180(1)(b) does not apply-- 11
(a) for a child who is suspended from a State school at 12
which the child is enrolled--while the child is 13
suspended and the child's access to an educational 14
program under section 290(2) or 295 has not been 15
arranged; or 16
(b) for a child who is suspended from a non-State school at 17
which the child is enrolled--while the child is 18
suspended. 19
(3) In this section-- 20
excluded means excluded under chapter 12, part 4.18 21
suspended means suspended under chapter 12, part 4. 22
205 Child's illness 23
(1) Section 180(1)(b) does not apply to a child for a period of not 24
more than 10 consecutive school days during which the child 25
is too ill to attend the State school or non-State school at 26
which the child is enrolled. 27
28
Note--
29
For a child who is prevented by illness from attending school for a
30
longer period, see part 3 for the chief executive's power to grant an
31
exemption from compliance with section 180(1) for the child.
18 Chapter 12 (Good order and management of State educational institutions and
non-State schools), part 4 (Suspension, exclusion and cancellation of enrolment of,
and behaviour improvement conditions for, State school students)
s 206 131 s 209
Education (General Provisions) Bill 2006
(2) A regulation may provide for the obligations of the parents of 1
a child mentioned in subsection (1). 2
206 Infectious or contagious disease or condition 3
Section 180(1)(b) does not apply to a child who is prevented 4
from attending school because the child is, or is a member of a 5
class of persons that is, subject to a direction given, or 6
declaration, order or requirement made, under an Act or other 7
law about an infectious or contagious disease or condition. 8
207 Application for enrolment pending 9
Section 180(1) does not apply to a child-- 10
(a) if an application has been made, under section 159, for 11
the enrolment of the child at a State school; and 12
(b) the applicant has not received notice of the decision on 13
the application. 14
208 Apprentice or trainee under the VETE Act 15
Section 180(1) does not apply to a child who is, or for whom 16
an arrangement has been made for the child to become, an 17
apprentice or trainee under the VETE Act. 18
Part 5 Home education 19
Division 1 Preliminary 20
209 Definitions for pt 5 21
In this part-- 22
home education, for a child, means the education of the child 23
provided by 1 or both of the child's parents, or a registered 24
teacher, primarily at the child's usual place of residence. 25
s 210 132 s 211
Education (General Provisions) Bill 2006
provisional registration, of a child for home education, means 1
the provisional registration of the child for home education 2
under section 211. 3
registration, of a child for home education, means the 4
registration of the child for home education under section 217. 5
standard conditions of registration see section 221(1). 6
210 Who is eligible for provisional registration or registration 7
A child who is of compulsory school age, or in the 8
compulsory participation phase, is eligible for provisional 9
registration, or registration, for home education. 10
Division 2 Applications for provisional 11
registration 12
211 Provisional registration 13
(1) An application for provisional registration of a child for home 14
education must-- 15
(a) be made in writing to the chief executive; and 16
(b) state-- 17
(i) the applicant's name; and 18
(ii) the child's name and date of birth; and 19
(iii) the address of the child's usual place of residence; 20
and 21
(c) be accompanied by evidence, satisfactory to the chief 22
executive, that-- 23
(i) the child is eligible for provisional registration for 24
home education; and 25
(ii) the applicant is a parent of the child. 26
(2) The chief executive must, as soon as practicable after 27
receiving the application, notify the applicant that the child is 28
provisionally registered for home education. 29
s 212 133 s 212
Education (General Provisions) Bill 2006
(3) Provisional registration of the child for home education ends 1
60 days after the giving of the notice under subsection (2). 2
(4) However, if an application is made for registration of the child 3
for home education during the provisional registration period, 4
the provisional registration continues until the day the chief 5
executive notifies the applicant of the chief executive's 6
decision on the application. 7
(5) An application under this section may relate to only 1 child. 8
Division 3 Applications for registration 9
212 Procedural requirements for application 10
(1) An application for registration of a child for home education 11
must be-- 12
(a) made to the chief executive; and 13
(b) in the approved form; and 14
(c) accompanied by-- 15
(i) evidence, satisfactory to the chief executive, that-- 16
(A) the child is eligible for registration for home 17
education; and 18
(B) the applicant is a parent of the child; and 19
(ii) a summary of the educational program to be used, 20
or learning philosophy to be followed, for the 21
home education; and 22
(iii) any other documents, identified in the approved 23
form, the chief executive reasonably requires to 24
decide the application. 25
(2) Information in, or accompanying, the application must, if the 26
approved form requires, be verified by a statutory declaration. 27
(3) An application under this section may relate to only 1 child. 28
s 213 134 s 215
Education (General Provisions) Bill 2006
213 Withdrawal of application 1
(1) A person may, by notice given to the chief executive, 2
withdraw the person's application for the registration of a 3
child for home education. 4
(2) If, under subsection (1), a person withdraws the person's 5
application for the registration of a child for home education, 6
the child's provisional registration for home education under 7
section 216 is cancelled. 8
214 Chief executive must ensure compliance with procedural 9
requirements 10
(1) If the chief executive considers an application for the 11
registration of a child for home education does not comply 12
with a procedural requirement, the chief executive must, by 13
notice given to the applicant, require the applicant to comply 14
with the requirement within a reasonable period, of at least 28 15
days, stated in the notice. 16
(2) However, the chief executive and applicant may, within the 17
period stated in the notice, agree to extend the period for 18
complying with the procedural requirement to a day (the 19
agreed compliance day) after the end of the period stated in 20
the notice. 21
(3) If the applicant does not comply with the procedural 22
requirement within the period stated in the notice, or by the 23
agreed compliance day, the chief executive may decide to 24
refuse to grant the application. 25
(4) If the chief executive decides to refuse to grant the 26
application-- 27
(a) the chief executive must give the applicant an 28
information notice about the decision; and 29
(b) the child's provisional registration for home education 30
under section 216 is cancelled. 31
215 Chief executive may require further information or 32
documents 33
(1) If the chief executive considers further information or a 34
document is required for deciding an application for the 35
s 216 135 s 216
Education (General Provisions) Bill 2006
registration of a child for home education, the chief executive 1
may, by notice given to the applicant, require the applicant to 2
give the information or document to the chief executive within 3
a reasonable period, of at least 28 days, stated in the notice. 4
(2) The chief executive may also require the information or 5
document to be verified by a statutory declaration. 6
(3) Despite subsection (1), the chief executive and applicant may, 7
within the period stated in the notice, agree to extend the 8
period for complying with a requirement under subsection (1) 9
to a day (the agreed compliance day) after the end of the 10
period stated in the notice. 11
(4) If the applicant does not comply with a requirement under 12
subsection (1) within the period stated in the notice, or by the 13
agreed compliance day, the chief executive may decide to 14
refuse to grant the application. 15
(5) If the chief executive decides to refuse to grant the 16
application-- 17
(a) the chief executive must give the applicant an 18
information notice about the decision; and 19
(b) the child's provisional registration for home education 20
under section 216 is cancelled. 21
216 Child taken to be provisionally registered while 22
application decided 23
(1) This section applies if an application is made for the 24
registration of a child for home education. 25
(2) The child is provisionally registered, under this section, for 26
home education until-- 27
(a) if the chief executive decides to grant the 28
application--the day the decision is made; or 29
(b) if the chief executive decides to refuse to grant the 30
application--the day an information notice about the 31
decision is given to the applicant under section 218(2). 32
(3) The chief executive must, as soon as practicable after 33
receiving the application, notify the applicant that the child is 34
s 217 136 s 219
Education (General Provisions) Bill 2006
provisionally registered, under this section, for home 1
education. 2
217 Decision 3
(1) The chief executive must consider an application for the 4
registration of a child for home education and decide whether 5
the chief executive is satisfied the standard conditions of 6
registration will be complied with. 7
(2) If the chief executive is satisfied the standard conditions of 8
registration will be complied with, the chief executive must 9
decide to register the child for home education. 10
218 Steps to be taken after application decided 11
(1) If the chief executive decides to grant an application for the 12
registration of a child for home education, the chief executive 13
must as soon as practicable issue a certificate of registration, 14
for the child, to the applicant. 15
(2) If the chief executive decides to refuse to grant an application 16
for the registration of a child for home education, the chief 17
executive must as soon as practicable give the applicant an 18
information notice about the decision. 19
219 Failure to decide application 20
(1) Subject to subsection (3), if the chief executive fails to decide 21
an application for the registration of a child for home 22
education within 90 days after its receipt, the failure is taken 23
to be a decision by the chief executive to refuse to grant the 24
application. 25
(2) Subsection (3) applies if the chief executive has, under section 26
215(1), required an applicant for the registration of a child for 27
home education to give the chief executive further information 28
or a document. 29
(3) The chief executive is taken to have decided to refuse to grant 30
the application if the chief executive fails to decide the 31
application within 90 days after the chief executive receives 32
the further information or document. 33
s 220 137 s 221
Education (General Provisions) Bill 2006
220 Minimum details to be recorded on certificate of 1
registration 2
A certificate of registration of a child for home education 3
must include at least the following-- 4
(a) the child's name and date of birth; 5
(b) the address of the child's usual place of residence; 6
(c) the names of the child's parents; 7
(d) any conditions of registration imposed by the chief 8
executive. 9
Division 4 Conditions of registration 10
221 Standard conditions 11
(1) The registration of a child for home education is subject to the 12
following conditions (the standard conditions of 13
registration)-- 14
(a) the child's parents must ensure the child receives a 15
high-quality education; 16
(b) a parent of the child must give to the chief executive a 17
written report on the educational progress of the child 18
while undertaking home education; 19
(c) a parent of the child must notify the chief executive of 20
any change in the address of the child's usual place of 21
residence within 28 days after the change happens. 22
(2) A report mentioned in subsection (1)(b) must-- 23
(a) be given to the chief executive at least 2 months, but not 24
more than 3 months, before each anniversary of the 25
registration; and 26
(b) be in the approved form; and 27
(c) be accompanied by any other documents, identified in 28
the approved form, the chief executive reasonably 29
requires. 30
s 222 138 s 223
Education (General Provisions) Bill 2006
222 Imposition of conditions 1
(1) The chief executive may, in granting an application for the 2
registration of a child for home education, decide to impose 3
conditions on the registration that are relevant and reasonable. 4
(2) If the chief executive decides to impose conditions on the 5
registration, the chief executive must as soon as practicable 6
give the applicant an information notice about the decision. 7
223 Changing conditions 8
(1) The chief executive may change the conditions of the 9
registration of a child for home education imposed by the 10
chief executive if there is a reasonable basis to make the 11
change. 12
(2) Before deciding to change the conditions, the chief executive 13
must-- 14
(a) give notice to a parent of the child stating-- 15
(i) the particulars of the proposed change; and 16
(ii) that the parent may make written submissions to 17
the chief executive about the proposed change 18
within a reasonable period of at least 21 days stated 19
in the notice; and 20
(b) have regard to written submissions made to the chief 21
executive by the parent within the stated period. 22
(3) If the chief executive decides to change the conditions, the 23
chief executive must as soon as practicable give the parent an 24
information notice about the decision. 25
(4) If the chief executive decides to change the conditions, the 26
change takes effect on the day an information notice about the 27
decision is given to the parent and does not depend on a 28
replacement certificate of registration being issued under 29
section 224. 30
(5) The power of the chief executive under subsection (1) 31
includes the power to add conditions to the registration of a 32
child for home education that is not subject to conditions 33
imposed by the chief executive. 34
s 224 139 s 226
Education (General Provisions) Bill 2006
224 Replacing certificate of registration 1
(1) This section applies if a child's parent receives an information 2
notice, under section 223(3), about a decision relating to a 3
change of the conditions of the registration of the child for 4
home education. 5
(2) The parent must return the certificate of registration to the 6
chief executive within 14 days after receiving the notice. 7
(3) On receiving the certificate, the chief executive must issue 8
another certificate of registration to the parent to replace the 9
certificate returned to the chief executive. 10
Division 5 Cancellation of registration 11
225 Grounds for cancellation 12
Each of the following is a ground for cancelling the 13
registration of a child for home education-- 14
(a) a parent of the child has contravened a condition of the 15
registration; 16
(b) the chief executive is not reasonably satisfied about the 17
educational progress being made by the child; 18
(c) the child was registered because of a materially false or 19
misleading representation or declaration. 20
226 Show cause notice 21
(1) If the chief executive reasonably believes a ground exists to 22
cancel the registration of a child for home education, the chief 23
executive must give a parent of the child a notice under this 24
section (a show cause notice). 25
(2) The show cause notice must state the following-- 26
(a) the action (the proposed action) the chief executive 27
proposes taking under this division; 28
(b) the ground for the proposed action; 29
(c) an outline of the facts and circumstances forming the 30
basis for the ground; 31
s 227 140 s 229
Education (General Provisions) Bill 2006
(d) an invitation to the parent to show within a stated period 1
(the show cause period) why the proposed action should 2
not be taken. 3
(3) The show cause period must be a period ending at least 30 4
days after the show cause notice is given to the parent. 5
227 Representations about show cause notice 6
(1) The parent may make written representations about the show 7
cause notice to the chief executive in the show cause period. 8
(2) The chief executive must consider all written representations 9
(the accepted representations) made under subsection (1). 10
228 Ending show cause process without further action 11
If, after considering any accepted representations for the show 12
cause notice, the chief executive does not believe the ground 13
exists to cancel the registration, the chief executive-- 14
(a) must not take further action about the show cause 15
notice; and 16
(b) must, as soon as practicable, notify the parent that no 17
further action will be taken about the show cause notice. 18
229 Cancellation 19
(1) This section applies if, after considering any accepted 20
representations for the show cause notice, the chief 21
executive-- 22
(a) still believes the ground exists to cancel the registration; 23
and 24
(b) believes cancellation of the registration is warranted. 25
(2) This section also applies if there are no accepted 26
representations for the show cause notice. 27
(3) The chief executive may decide to cancel the registration. 28
(4) The chief executive must as soon as practicable give an 29
information notice about the decision to the parent. 30
s 230 141 s 231
Education (General Provisions) Bill 2006
(5) The decision takes effect on the day an information notice 1
about the decision is given to the parent. 2
230 Return of cancelled certificate of registration to chief 3
executive 4
(1) This section applies if-- 5
(a) the chief executive decides to cancel the registration of a 6
child for home education under section 229; and 7
(b) the decision takes effect under section 229(5). 8
(2) The parent must return the certificate of registration to the 9
chief executive within 28 days after the decision takes effect. 10
(3) However, subsection (2) does not apply until-- 11
(a) the last day to apply for a review of the decision; or 12
(b) if the decision is reviewed-- 13
(i) the last day to appeal against the review decision; 14
or 15
(ii) if an appeal is started against the review 16
decision--the day the appeal is decided. 17
(4) In this section-- 18
appeal, against a review decision, means appeal against the 19
decision under chapter 15, part 2. 20
review decision see section 396(2). 21
review, of a decision, means review of the decision under 22
chapter 15, part 1. 23
Division 6 Surrender of provisional 24
registration or registration 25
231 Surrender 26
(1) A parent of a child who is provisionally registered, or 27
registered, for home education may, by notice given to the 28
chief executive, surrender the provisional registration or 29
registration. 30
s 232 142 s 233
Education (General Provisions) Bill 2006
(2) The surrender takes effect-- 1
(a) on the day the notice is given to the chief executive; or 2
(b) if a later day of effect is stated in the notice--on the later 3
day. 4
(3) If the child is registered for home education, the parent must 5
return the certificate of registration to the chief executive 6
within 14 days after the day the surrender takes effect. 7
232 Obligation to surrender 8
(1) This section applies if a child who is provisionally registered, 9
or registered, for home education stops receiving home 10
education. 11
(2) A parent of the child must-- 12
(a) as soon as practicable after the child stops receiving 13
home education, surrender the provisional registration 14
or registration under section 231; and 15
(b) if, at the time of the surrender, the child is enrolled by 16
the parent, or an application has been made by the 17
parent for the enrolment of the child, at a State school or 18
non-State school--when giving notice of the surrender, 19
notify the chief executive of the enrolment or 20
application, and the school's name. 21
Division 7 Miscellaneous 22
233 Simultaneous enrolment at State school or non-State 23
school prohibited 24
(1) A child who is provisionally registered, or registered, for 25
home education may not be simultaneously enrolled at a State 26
school or non-State school. 27
(2) A child is not eligible for provisional registration, or 28
registration, for home education while the child is enrolled at 29
a State school or non-State school. 30
s 234 143 s 234
Education (General Provisions) Bill 2006
Part 6 Employment of children 1
234 Employment of child who is of compulsory school age 2
(1) A parent of a child who is of compulsory school age must not 3
employ the child, or allow the child to be employed, during 4
the time the child is required under this chapter to attend a 5
State school or non-State school, unless the parent has a 6
reasonable excuse. 7
Maximum penalty--6 penalty units. 8
(2) For subsection (1), a parent of a child who causes or allows 9
the child to engage in any calling carried on by the parent by 10
way of trade or for gain is taken to employ the child. 11
(3) Subsection (1) does not apply-- 12
(a) to the employment of the child-- 13
(i) under arrangements approved for the child under 14
chapter 9, part 2; or 15
(ii) under an apprenticeship or traineeship under the 16
VETE Act; or 17
(b) while an exemption is in force for the child under 18
chapter 9, part 3. 19
(4) Also, subsection (1) applies subject to a law of the 20
Commonwealth under which a person who is of compulsory 21
school age may be employed. 22
(5) A parent of a child who is of compulsory school age must not 23
give to any of the following persons information, which the 24
parent knows to be false, about the age of the child or any 25
other matter to which subsection (1) or (2) relates-- 26
(a) any person employing the child; 27
(b) any person who, after the giving of the information, 28
employs the child; 29
(c) any person appointed under this Act. 30
Maximum penalty--6 penalty units. 31
s 235 144 s 235
Education (General Provisions) Bill 2006
1
Note--
2
See the Child Employment Act 2006, part 2 for other provisions
19
3
restricting the ability of a child who is of compulsory school age to
4
work.
Chapter 10 Compulsory participation in 5
education or training 6
Part 1 Key terms 7
235 Compulsory participation phase 8
A young person's compulsory participation phase-- 9
(a) starts when the person stops being of compulsory school 10
age; and 11
(b) ends when the person-- 12
(i) gains a senior certificate, certificate III or 13
certificate IV; or 14
(ii) has participated in eligible options for 2 years after 15
the person stopped being of compulsory school 16
age; or 17
(iii) turns 17 years. 18
19 Child Employment Act 2006, part 2 (Restrictions to safeguard working children)
s 236 145 s 238
Education (General Provisions) Bill 2006
236 Eligible options and providers 1
In the following table, each of the options listed is an eligible 2
option and the entity stated opposite is the provider for the 3
option. 4
eligible option provider
an educational program provided a State school
under this Act
an educational program provided a non-State school
under the Education (Accreditation of
Non-State Schools) Act 2001
a higher education course under the a university or non-university
Higher Education (General provider
Provisions) Act 2003
a course of vocational education and a TAFE institute or registered
training provided under the VETE training organisation
Act
an apprenticeship or traineeship under a registered training
the VETE Act organisation
a departmental employment skills the VETE chief executive
development program under the
VETE Act
Part 2 Participation in a program or 5
course 6
237 Application of pt 2 7
This part applies to an eligible option other than an 8
apprenticeship or traineeship under the VETE Act. 9
238 What is participation 10
(1) A young person is participating in an eligible option only if 11
the person is-- 12
(a) enrolled with the provider in the relevant program or 13
course; and 14
s 239 146 s 240
Education (General Provisions) Bill 2006
(b) complying with the provider's attendance requirements 1
for the program or course. 2
(2) The provider's attendance requirements for a program or 3
course are the requirements about physically attending, at 4
particular times, the provider's premises or another place. 5
(3) However, despite subsection (2)-- 6
(a) the provider's attendance requirements for a program of 7
distance education are to complete and return the 8
assigned work for the program; and 9
(b) the provider's attendance requirements for an external 10
program are its requirements about communicating with 11
or contacting the provider for the purpose of 12
participating in the program or course. 13
239 Full-time participation 14
A reference to full-time participation in an eligible option-- 15
(a) is a reference to participation in an eligible option at a 16
level that is full-time under the requirements of the 17
option; and 18
(b) includes part-time participation in 2 or more eligible 19
options to an extent that is at least equivalent to full-time 20
participation in 1 option. 21
22
Example for paragraph (b)--
23
A young person is participating part-time in an educational
24
program at a State school or non-State school (the school
25
program) and part-time in a course of vocational education and
26
training at a TAFE institute (the VET course).
27
The levels of the young person's participation are--
28
· 60% of full-time participation in the school program
29
· 40% of full-time participation in the VET course.
240 Allowed absence 30
A young person's participation in an eligible option is taken to 31
continue during an absence allowed under the requirements of 32
the option. 33
s 241 147 s 242
Education (General Provisions) Bill 2006
1
Example--
2
A person enrolled in an educational program at a State school is absent
3
for a day because of illness.
241 Suspension or exclusion 4
(1) If a young person participating in an eligible option stops 5
attending the provider because the person has been suspended 6
from the provider, the person's participation in the option is 7
taken to continue during the period of the suspension. 8
(2) Subsection (1) does not apply to suspension from a State 9
school under chapter 12, part 4, division 1 or 220 if the person 10
has been placed in an educational program under section 11
290(2) or 295. 12
13
Note--
14
Section 238(1) and (3)(b) provide for how the person participates in the
15
educational program.
(3) If a young person participating in an eligible option stops 16
attending the provider because the person has been excluded 17
from the provider, the person is taken for this chapter to be 18
continuing to participate in an eligible option, at the same 19
level as before the exclusion, for the time reasonably required 20
for the person to resume participation in an eligible option. 21
Part 3 Participation in an 22
apprenticeship or traineeship 23
242 Participation in an apprenticeship or traineeship 24
(1) This section applies to a young person who is an apprentice or 25
trainee under the VETE Act. 26
20 Chapter 12 (Good order and management of State educational institutions and
non-State schools), part 4 (Suspension, exclusion and cancellation of enrolment of,
and behaviour improvement conditions for, State school students), division 1
(Suspension of students) or 2 (Exclusion of students by principals' supervisors)
s 243 148 s 244
Education (General Provisions) Bill 2006
(2) The person is taken to be participating full-time in an 1
apprenticeship or traineeship under the VETE Act. 2
Part 4 Parents' obligation 3
243 Obligation to ensure participation 4
(1) Each parent of a young person in the compulsory participation 5
phase must ensure the young person is participating full-time 6
in an eligible option, unless the parent has a reasonable 7
excuse. 8
Maximum penalty-- 9
(a) for a first offence--5 penalty units; or 10
(b) for a second or subsequent offence, whether or not 11
relating to the same child of the parent--10 penalty 12
units. 13
(2) Without limiting subsection (1), it is a reasonable excuse for a 14
parent (the relevant parent) that-- 15
(a) the young person lives with another parent and the 16
relevant parent believes, on reasonable grounds, the 17
other parent is ensuring the young person participates 18
full-time in an eligible option; or 19
(b) in all the circumstances, the relevant parent is not 20
reasonably able to control the young person's behaviour 21
to the extent necessary to ensure the young person 22
participates full-time in an eligible option. 23
244 Exceptions to obligation 24
(1) Section 243(1) does not apply to the extent provided under an 25
exemption in force under part 5. 26
(2) Section 243(1) does not apply if-- 27
(a) the young person is in paid employment for at least 25 28
hours each week; or 29
s 245 149 s 245
Education (General Provisions) Bill 2006
(b) the young person is in paid employment for less than 25 1
hours each week, or unpaid employment, under an 2
employment exemption. 3
(3) Section 243(1) does not apply if the young person is enrolled 4
with an entity providing a non-departmental employment 5
skills development program and attending the entity for the 6
program. 7
(4) Section 243(1) does not apply to the extent of any 8
inconsistency with a law of the Commonwealth under which a 9
young person in the compulsory participation phase may carry 10
on an activity other than participating full-time in an eligible 11
option. 12
(5) Section 243(1) does not apply if the young person is 13
provisionally registered, or registered, for home education 14
under chapter 9, part 5. 15
(6) In this section-- 16
employment exemption means an employment exemption in 17
force under the VETE Act, chapter 5, part 3, division 5A.21 18
245 Notice to, and meeting with, parent 19
(1) This section applies if an authorised officer reasonably 20
suspects a young person is in the compulsory participation 21
phase and is not participating full-time in an eligible option. 22
(2) The officer may give a parent of the young person a notice in 23
the approved form about the parent's obligation under section 24
243(1). 25
(3) The officer may also meet with the parent to discuss the 26
obligation. 27
(4) If, despite the officer taking reasonable steps to meet with the 28
parent under subsection (3), no meeting is held, the officer 29
may give the parent a warning notice in the approved form. 30
21 VETE Act, chapter 5 (Ombudsman, board and council), part 3 (Training and
employment recognition council), division 5A (Deciding employment exemptions)
s 246 150 s 246
Education (General Provisions) Bill 2006
(5) For the Police Powers and Responsibilities Act 2000, section 1
14,22 an authorised officer acting under this section is a public 2
official performing a function authorised by this Act. 3
(6) In this section-- 4
authorised officer means the chief executive or an officer of 5
the department authorised by the chief executive for this 6
section. 7
246 Limits on proceedings against a parent 8
(1) Proceedings for an offence against section 243(1) may be 9
brought against a parent-- 10
(a) only by the chief executive or with the chief executive's 11
consent; and 12
(b) only if the time when the parent is alleged to have 13
committed the offence is after-- 14
(i) the parent has been given a notice under section 15
245(2); and 16
(ii) at least 1 meeting has been held with the parent 17
under section 245(3) or the parent has been given a 18
warning notice under section 245(4). 19
(2) The chief executive (child safety) is not liable to be 20
prosecuted for an offence against section 243(1). 21
22 Police Powers and Responsibilities Act 2000, section 14 (Helping public officials
exercise powers under other Acts)
s 247 151 s 248
Education (General Provisions) Bill 2006
Part 5 Exemptions from compliance 1
with compulsory participation 2
requirements 3
Division 1 Bases for granting an exemption 4
247 Explanation 5
This division states the bases on which the chief executive 6
may grant an exemption from the requirement that a young 7
person participate in an eligible option. 8
248 Participation is impossible or should not be required 9
(1) The chief executive may grant an exemption fully excusing a 10
young person from participation if the chief executive is 11
satisfied-- 12
(a) the young person can not participate in any eligible 13
option; or 14
(b) it would be unreasonable in all the circumstances to 15
require the young person to participate in any eligible 16
option. 17
(2) The chief executive may grant an exemption partially 18
excusing a young person from participation if the chief 19
executive is satisfied-- 20
(a) the young person can not participate in any eligible 21
option at a full-time level; or 22
(b) it would be unreasonable in all the circumstances to 23
require the young person to participate in any eligible 24
option at a full-time level. 25
s 249 152 s 250
Education (General Provisions) Bill 2006
Division 2 Application process 1
249 Application for exemption 2
(1) A young person, or a parent of a young person, may apply to 3
the chief executive for an exemption from the requirement that 4
the young person participate in an eligible option. 5
(2) The application must-- 6
(a) be in the approved form; and 7
(b) state the period for which the exemption is sought; and 8
(c) for an application by a young person--include the 9
signed consent of a parent of the young person. 10
(3) However, subsection (2)(c) does not apply if the chief 11
executive is satisfied it would be inappropriate in all the 12
circumstances to require the signed consent of a parent. 13
14
Example--
15
an application by a young person living independently of his or her
16
parents
(4) The applicant must provide any other relevant information 17
reasonably required by the chief executive to decide the 18
application. 19
20
Example--
21
If exemption is sought because the young person is suffering an illness,
22
the information required under this subsection may include stated
23
medical evidence.
(5) The chief executive must decide the application as soon as 24
practicable. 25
250 Lapsing of application 26
(1) The chief executive may make a requirement under section 27
249(4) by giving the applicant a notice stating-- 28
(a) the required information; and 29
(b) the time by which the information must be given to the 30
chief executive; and 31
s 251 153 s 252
Education (General Provisions) Bill 2006
(c) that, if the information is not given to the chief executive 1
by the stated time, the application will lapse. 2
(2) The time stated must be reasonable and, in any case, at least 3
14 days after the requirement is made. 4
(3) The chief executive may withdraw the requirement, or part of 5
the requirement, at any time. 6
(4) Before the stated time ends, the chief executive may give the 7
applicant a further notice extending the stated time if the chief 8
executive is satisfied it would be reasonable in all the 9
circumstances to give the extension. 10
(5) If the applicant does not comply with the requirement within 11
the stated time, or any extension, the application lapses. 12
251 Temporary exemption until application is decided 13
(1) If the application is made before the young person starts the 14
person's compulsory participation phase, section 243(1) does 15
not apply to a parent of the young person until-- 16
(a) 14 days after the chief executive gives notice to the 17
applicant under section 252; or 18
(b) the application lapses. 19
(2) If the application is made while an existing exemption under 20
this part is in force for the young person, the existing 21
exemption continues to apply until 14 days after the chief 22
executive gives notice to the applicant under section 252, or 23
until the application lapses. 24
252 Decision 25
(1) The chief executive must consider the application and either 26
grant, or refuse to grant, the application. 27
(2) If the chief executive decides to grant the application, the 28
chief executive must as soon as practicable issue the 29
exemption to the applicant. 30
(3) If the chief executive decides to refuse to grant the 31
application, the chief executive must as soon as practicable 32
give the applicant an information notice about the decision. 33
s 253 154 s 255
Education (General Provisions) Bill 2006
253 Contents of exemption 1
(1) This section applies if the chief executive decides to grant the 2
exemption. 3
(2) The exemption must state-- 4
(a) the day it is granted; and 5
(b) the young person to whom it relates; and 6
(c) whether it is full or partial and, if it is partial, the extent 7
to which the person is excused from participation; and 8
(d) whether it applies until the end of the person's 9
compulsory participation phase or only until a stated 10
earlier time; and 11
(e) any conditions on which it is issued. 12
254 Imposition of conditions 13
(1) The chief executive may, in granting the application, decide to 14
impose conditions on the exemption that are relevant and 15
reasonable. 16
(2) If the chief executive decides to issue an exemption on 17
conditions, the chief executive must as soon as practicable 18
give the applicant an information notice about the decision. 19
255 Lesser period of exemption than that applied for 20
(1) The chief executive may, in granting the application, decide to 21
issue the exemption for a lesser period than that applied for by 22
the applicant for the exemption. 23
(2) If the chief executive decides to issue an exemption for a 24
lesser period than that applied for by the applicant for the 25
exemption, the chief executive must as soon as practicable 26
give the applicant an information notice about the decision. 27
s 256 155 s 258
Education (General Provisions) Bill 2006
Chapter 11 Student accounts 1
Part 1 Preliminary 2
256 Explanation and purposes 3
(1) This chapter provides for the keeping of a record (a student 4
account) for every young person about the person's 5
participation in eligible options during the compulsory 6
participation phase. 7
(2) The purposes of keeping student accounts are-- 8
(a) to support the QSA in performing its certification 9
functions under the QSA Act, section 13; and 10
(b) to make information available to the chief executive to 11
enable the chief executive to carry on planning activities 12
and re-engagement activities. 13
Part 2 Opening student accounts for 14
young persons of compulsory 15
school age 16
257 When an account must be opened 17
A student account must be opened for a young person within 1 18
year before the start of the person's compulsory participation 19
phase. 20
258 Who must open an account 21
The following person is responsible for opening a student 22
account for a young person-- 23
(a) if the young person is enrolled with a State school or 24
non-State school--the principal of the school; 25
(b) otherwise--the chief executive. 26
s 259 156 s 260
Education (General Provisions) Bill 2006
259 How an account is opened 1
A student account is opened for a young person by giving 2
notice to the QSA of each of the following-- 3
(a) the person's name and any previous names of the 4
person; 5
(b) the person's address; 6
(c) the person's date of birth; 7
(d) the person's sex; 8
(e) if the person has a parent--the parent's name and 9
address; 10
(f) whether the person is an Aborigine or Torres Strait 11
Islander; 12
(g) whether the person is a person from a non-English 13
speaking background; 14
(h) the eligible option in which the person proposes to 15
participate when the person starts the compulsory 16
participation phase; 17
(i) whether the person's participation in the eligible option 18
will be full-time; 19
(j) other information prescribed under a regulation. 20
260 Young person's telephone number 21
(1) Subsection (2) applies if a student account is opened for a 22
young person under section 259. 23
(2) The person opening the account may, when opening the 24
account, give notice to the QSA of the young person's 25
telephone number if the young person has consented to the 26
giving of the notice. 27
(3) The QSA must, as soon as practicable after receiving 28
information under subsection (2), record the information in 29
the account. 30
s 261 157 s 262
Education (General Provisions) Bill 2006
Part 3 Student account phase 1
261 The student account phase 2
A young person is in the student account phase if-- 3
(a) the person is in the compulsory participation phase; or 4
(b) the person is not yet in the compulsory participation 5
phase but a student account has been opened for the 6
person. 7
262 Obligation to notify enrolment 8
If a young person in the student account phase enrols in a 9
program or course with a provider, the provider must give 10
notice to the QSA of the following information-- 11
(a) the person's name and any previous names of the 12
person; 13
(b) the person's address; 14
(c) the person's date of birth; 15
(d) the eligible option in which the person is participating, 16
or proposes to participate, by enrolling in the program or 17
course; 18
(e) the components of the eligible option being undertaken, 19
or proposed to be undertaken, by the person; 20
(f) the date of enrolment in the program or course; 21
(g) the date the person started, or proposes to start, to 22
comply with the provider's attendance requirements for 23
the program or course; 24
(h) whether the person's participation in the eligible option 25
is, or will be, full-time; 26
(i) the name, and type, of the provider. 27
s 263 158 s 265
Education (General Provisions) Bill 2006
263 Obligation to open an account 1
(1) This section applies if the QSA receives a notice under section 2
262 about a young person who is in the compulsory 3
participation phase but does not have a student account. 4
(2) The QSA may give the provider a notice asking it to open a 5
student account for the young person. 6
(3) On receiving the request, the provider must open a student 7
account for the young person by giving notice to the QSA of 8
the following information relating to the person-- 9
(a) the information mentioned in section 259(a) to (g) and 10
(j); 11
(b) the eligible option of the provider in which the person is 12
participating or proposes to participate; 13
(c) whether the person's participation in the eligible option 14
is, or will be, full-time; 15
(d) any other eligible options in which the person is 16
participating, or has participated, since starting the 17
compulsory participation phase of which the provider is 18
aware. 19
264 Young person's telephone number 20
(1) Subsection (2) applies if a student account is opened for a 21
young person under section 263(3). 22
(2) The provider opening the student account may, when opening 23
the account, give notice to the QSA of the young person's 24
telephone number if the young person has consented to the 25
giving of the notice. 26
(3) The QSA must, as soon as practicable after receiving 27
information under subsection (2), record the information in 28
the account. 29
265 Obligation to notify other matters 30
(1) This section applies to a provider with which a young person 31
in the student account phase is enrolled. 32
s 266 159 s 267
Education (General Provisions) Bill 2006
(2) The provider must give notice to the QSA, at the times 1
prescribed under a regulation, of the following matters-- 2
(a) if the provider is aware that information, previously 3
notified to the QSA under this chapter, has changed or is 4
incorrect--the new or correct information; 5
(b) if the person stops being enrolled with the provider--the 6
date the person stopped being enrolled with the 7
provider; 8
(c) if the person dies and the provider is aware of the 9
death--the death. 10
11
Note--
12
The provider is also required to give the QSA certain information about
13
the person's results. See the QSA Act, section 18A.
(3) Subsection (2)(a) does not apply to information mentioned in 14
section 259(h). 15
266 Chief executive of VETE department may give notice on 16
behalf of certain providers 17
(1) This section applies to a provider that is a TAFE institute or 18
registered training organisation. 19
(2) The provider complies with a requirement under this part to 20
give notice to the QSA if, with the written agreement of the 21
VETE chief executive, it gives the relevant information to the 22
VETE chief executive and asks the VETE chief executive to 23
give the notice on its behalf. 24
Part 4 Use and disclosure of 25
information 26
267 Use and disclosure by the QSA 27
(1) The QSA may use student account information to perform its 28
certification functions under the QSA Act, section 13. 29
s 267 160 s 267
Education (General Provisions) Bill 2006
(2) To enable the QSA to ensure the accuracy of information 1
recorded in a person's student account, the QSA may disclose 2
student account information about the person to a provider. 3
(3) To enable the chief executive to carry on planning activities, 4
the QSA must give the chief executive the aggregated 5
information that the chief executive asks for. 6
(4) The QSA must include, in its annual report for a financial year 7
under the Financial Administration and Audit Act 1977, the 8
details of each request under subsection (3) received during 9
the financial year. 10
(5) To enable the chief executive to carry on re-engagement 11
activities, the QSA must give the chief executive any of the 12
prescribed information that the chief executive asks for about 13
a stated young person or all young persons who, according to 14
the person's student account or the persons' student 15
accounts-- 16
(a) is or are in the compulsory participation phase; and 17
(b) has or have stopped being enrolled with a provider; and 18
(c) after a period of at least 3 months, has or have not 19
re-enrolled with a provider. 20
(6) If details of the name and address of a young person's parent 21
are recorded in a student account for a young person in the 22
compulsory participation phase, to help the parent comply 23
with section 243(1), the QSA must give the parent access to 24
student account information about the person. 25
(7) If there is a student account for a person, the QSA must give 26
the person access to the information recorded in the account. 27
(8) In this section-- 28
prescribed information, about a young person mentioned in 29
subsection (5), means the following information recorded in 30
the person's student account-- 31
(a) name and any previous names; 32
(b) address and telephone number; 33
(c) date of birth; 34
(d) the date the person stopped being enrolled with the 35
provider; 36
s 268 161 s 268
Education (General Provisions) Bill 2006
(e) any eligible option in which the person is participating 1
and the components of the eligible option being 2
undertaken by the person; 3
(f) the name, and type, of the provider for an eligible option 4
mentioned in paragraph (e); 5
(g) any eligible option in which the person was participating 6
immediately before the person stopped being enrolled 7
with the provider and the components of the eligible 8
option that were being undertaken by the person; 9
(h) the name, and type, of the provider for an eligible option 10
mentioned in paragraph (g). 11
student account information means information recorded in a 12
student account. 13
268 Disclosure by chief executive to appropriate entities 14
To help in carrying on re-engagement activities, the chief 15
executive may disclose the following information about a 16
young person in the compulsory participation phase to an 17
entity the chief executive considers appropriate-- 18
(a) name and any previous names; 19
(b) address; 20
(c) date of birth; 21
(d) the last eligible option in which the young person 22
participated, so far as the chief executive is aware; 23
(e) other information prescribed under a regulation. 24
25
Examples of entities that may be appropriate--
26
· a provider
27
· a youth support entity
28
· a human services entity
s 269 162 s 273
Education (General Provisions) Bill 2006
Part 5 Involvement of certain 1
non-State school entities 2
269 Entities to which this part applies 3
This part applies to the following entities-- 4
(a) the Association of Independent Schools of Queensland 5
Inc.; 6
(b) the Queensland Catholic Education Commission; 7
(c) the VETE chief executive. 8
270 Consultation about planning 9
The chief executive must consult regularly with the entities 10
for the purpose of carrying on planning activities. 11
271 Consultation about proposed regulations 12
The Minister must consult with the entities before 13
recommending to the Governor in Council the making of a 14
regulation under section 259(j), 265(2) or 272.23 15
272 Aggregated information 16
The QSA must give each of the entities, at the times 17
prescribed under a regulation, the aggregated information 18
prescribed under a regulation relating to the entity. 19
Part 6 Miscellaneous 20
273 Student visa holder 21
(1) This section applies despite parts 2 and 3. 22
23 Section 259 (How an account is opened), 265 (Obligation to notify other matters) or
272 (Aggregated information)
s 274 163 s 276
Education (General Provisions) Bill 2006
(2) An entity must not open a student account for a student visa 1
holder, or give notice to the QSA of the enrolment of a student 2
visa holder, without the holder's written agreement. 3
274 Closing of account 4
(1) This section applies if-- 5
(a) a student account is opened for a young person; and 6
(b) the person dies. 7
(2) The QSA must, as soon as practicable after becoming aware 8
of the death, close the account. 9
275 Transitional 10
To remove any doubt, it is declared that, despite section 235,24 11
a young person is not in the compulsory participation phase if 12
the person turned 15 years or completed year 10 before 1 13
January 2006. 14
276 Confidentiality 15
(1) This section applies to a person (the relevant person)-- 16
(a) who is or has been-- 17
(i) the chief executive or a public service employee in 18
the department; or 19
(ii) an employee of a provider; or 20
(iii) an employee of the QSA; or 21
(iv) an entity, or an employee of an entity, to whom the 22
chief executive has given information under 23
section 268;25 and 24
(b) who, in the course of the administration of chapter 10 or 25
this chapter, or because of opportunity provided by the 26
administration, has gained or has access to personal 27
24 Section 235 (Compulsory participation phase)
25 Section 268 (Disclosure by chief executive to appropriate entities)
s 277 164 s 277
Education (General Provisions) Bill 2006
information about a young person in the student account 1
phase. 2
(2) The relevant person must not make a record of the 3
information or disclose the information to anyone else, other 4
than-- 5
(a) for a purpose of chapter 10 or this chapter; or 6
(b) with the consent of the person to whom the information 7
relates; or 8
(c) in compliance with lawful process requiring production 9
of documents or giving of evidence before a court or 10
tribunal; or 11
(d) as permitted or required by another Act. 12
Maximum penalty--50 penalty units. 13
(3) Subsection (2) continues to apply to personal information 14
about a young person in the student account phase after the 15
phase ends. 16
(4) In this section-- 17
disclose, information, includes give access to the information. 18
employee, of a provider, the QSA or another entity, includes-- 19
(a) a person appointed to a position with the entity; and 20
(b) a person engaged by the entity under a contract for 21
services; and 22
(c) an unpaid employee of the entity. 23
personal information means information or an opinion, 24
whether true or not, about an individual whose identity is 25
apparent, or can reasonably be ascertained, from the 26
information or opinion. 27
277 Delegation by chief executive 28
(1) The chief executive may delegate the chief executive's 29
powers under chapter 10 or this chapter to an appropriately 30
qualified officer or employee of the department or the VETE 31
department. 32
s 278 165 s 279
Education (General Provisions) Bill 2006
(2) A delegation of a power may permit the subdelegation of the 1
power to an appropriately qualified officer or employee of the 2
department or the VETE department. 3
(3) In this section-- 4
appropriately qualified includes having qualifications, 5
experience or standing appropriate to exercise the power. 6
7
Example of standing--
8
a person's classification level in the public service
Chapter 12 Good order and 9
management of State 10
educational institutions and 11
non-State schools 12
Part 1 Preliminary 13
278 Definition for ch 12 14
In this chapter-- 15
court means-- 16
(a) for an application or appeal relating to a child--the 17
Childrens Court; or 18
(b) otherwise--a Magistrates Court. 19
Part 2 Behaviour plans for State 20
schools 21
279 Definition for pt 2 22
In this part-- 23
s 280 166 s 281
Education (General Provisions) Bill 2006
approved behaviour plan, for a State school, means a 1
behaviour plan approved for the school under section 281(5) 2
or 283(3). 3
280 Requirement for approved behaviour plan for a 4
State school 5
A State school's principal must ensure there is an approved 6
behaviour plan for the school. 7
281 Principal is responsible for developing behaviour plan 8
(1) A State school's principal must ensure a process is established 9
for developing a behaviour plan for the school. 10
(2) In developing the plan, the principal must consult with the 11
following persons-- 12
(a) the parents of children enrolled at the school; 13
(b) the school's staff and students. 14
(3) The plan for the school must-- 15
(a) promote a supportive environment at the school so all 16
members of the school community may work together in 17
developing acceptable standards of behaviour to create a 18
caring, productive and safe environment for learning; 19
and 20
(b) promote an effective teaching and learning environment 21
at the school that allows positive aspirations, 22
relationships and values to develop; and 23
(c) foster mutual respect among staff and students at the 24
school; and 25
(d) encourage all students attending the school to take 26
increasing responsibility for their own behaviour and the 27
consequences of their actions. 28
(4) Also, the plan must align with the department's policies about 29
the management of student behaviour. 30
(5) The plan has no effect unless it is approved by the chief 31
executive. 32
s 282 167 s 285
Education (General Provisions) Bill 2006
282 Implementation of plan 1
A State school's principal must take reasonable steps to 2
ensure the approved behaviour plan for the school is 3
implemented consistently, fairly and reasonably. 4
283 Review of plan 5
(1) A State school's principal must ensure the approved 6
behaviour plan for the school is reviewed at least once every 3 7
years. 8
(2) In reviewing the plan, the principal must consult with the 9
following persons-- 10
(a) the parents of children enrolled at the school; 11
(b) the school's staff and students. 12
(3) The reviewed plan has no effect unless it is approved by the 13
chief executive. 14
284 Plan to be available for inspection 15
(1) A State school's principal must keep a copy of the approved 16
behaviour plan for the school available for inspection, free of 17
charge, by interested persons at the administration office of 18
the school. 19
(2) The plan may be made available in written or electronic form. 20
285 Copies of plan to be given to parents and students 21
(1) As soon as practicable after a behaviour plan is approved for a 22
State school, the school's principal must take reasonable steps 23
to ensure a copy of the approved behaviour plan is given to-- 24
(a) a parent of each of the school's students who is a child; 25
and 26
(b) each other student of the school. 27
(2) Subsection (1)(a) does not apply in relation to a parent of a 28
student if the principal is satisfied it would be inappropriate in 29
the circumstances for the parent to be given a copy of the 30
approved behaviour plan. 31
s 286 168 s 287
Education (General Provisions) Bill 2006
1
Example--
2
It may be inappropriate for a parent of the student to be given a copy of
3
the approved behaviour plan if the student is living independently of his
4
or her parents.
(3) If subsection (2) applies, the principal must take reasonable 5
steps to ensure a copy of the approved behaviour plan is given 6
to the student. 7
286 Copy of plan to be given to applicant for enrolment 8
If a person applies to enrol someone at a State school under 9
section 159, the principal of the school must give the person a 10
copy of the approved behaviour plan for the school. 11
Part 3 Detention of students enrolled 12
at State schools 13
287 Detention 14
(1) This section applies to a student enrolled at a State school. 15
(2) The principal of, or a teacher at, the school may detain the 16
student as punishment for disobedience, misconduct, wilful 17
neglect to prepare homework or for another breach of school 18
discipline. 19
(3) A period of detention imposed under subsection (2) must not 20
be more than-- 21
(a) 20 minutes during the school lunch recess; or 22
(b) one-half hour after the school program for the day is 23
finished. 24
(4) However, if the principal or teacher proposes to impose a 25
period of detention under subsection (2) on a child and the 26
period of detention is to be served after the school program for 27
the day is finished, the principal or teacher must inform a 28
parent of the child of the proposed period of detention before 29
it is imposed. 30
s 288 169 s 289
Education (General Provisions) Bill 2006
(5) Subsection (4) does not apply if the principal or teacher is 1
satisfied it would be inappropriate in the circumstances to 2
inform a parent of the child of the proposed period of 3
detention. 4
5
Example--
6
It may be inappropriate to inform a parent of the child of the proposed
7
period of detention if the child is living independently of his or her
8
parents.
Part 4 Suspension, exclusion and 9
cancellation of enrolment of, 10
and behaviour improvement 11
conditions for, State school 12
students 13
Division 1 Suspension of students 14
288 Grounds for suspension of student 15
Each of the following is a ground for suspending a student 16
from a State school-- 17
(a) disobedience by the student; 18
(b) misconduct of the student; 19
(c) other conduct of the student that is prejudicial to the 20
good order and management of the school or State 21
schools. 22
289 Suspension of student 23
(1) This section applies if a State school's principal is reasonably 24
satisfied a ground exists to suspend a student from the school. 25
(2) The principal may suspend the student from the school-- 26
(a) for not more than 5 school days; or 27
s 289 170 s 289
Education (General Provisions) Bill 2006
(b) if the principal is satisfied the behaviour was so serious 1
that the suspension should be for longer than 5 school 2
days--for not more than 20 school days. 3
(3) The principal must give the student a notice stating-- 4
(a) the student is suspended and the reason for the 5
suspension; and 6
(b) the period of the suspension. 7
(4) If the suspension is for more than 5 school days, the notice 8
must also state-- 9
(a) the student may make a submission against the 10
suspension to the principal's supervisor; and 11
(b) the title, name and address of the principal's supervisor; 12
and 13
(c) the way in which the submission may be made. 14
(5) If the student is a child, as soon as practicable after the giving 15
of the notice, the principal must take reasonable steps to-- 16
(a) if the suspension is for not more than 5 school 17
days--contact a parent of the student to discuss the 18
student's behaviour that led to the suspension; or 19
(b) if the suspension is for more than 5 school days--meet 20
with a parent of the student to discuss the student's 21
behaviour that led to the suspension. 22
(6) Subsection (5) does not apply if the principal is satisfied it 23
would be inappropriate in the circumstances to contact, or 24
meet with, a parent of the student to discuss the student's 25
behaviour that led to the suspension. 26
27
Example--
28
It may be inappropriate to contact, or meet with, a parent of the student
29
to discuss the student's behaviour that led to the suspension if the
30
student is living independently of his or her parents.
(7) If subsection (6) applies in relation to subsection (5)(b)-- 31
(a) the principal must take reasonable steps to meet with the 32
student to discuss the student's behaviour that led to the 33
suspension; and 34
s 290 171 s 292
Education (General Provisions) Bill 2006
(b) the student may be accompanied by an adult during the 1
meeting. 2
290 Continuing education during suspension 3
(1) If a student of a State school is suspended from the school 4
under section 289 for not more than 5 school days, the 5
school's principal must take reasonable steps to ensure the 6
student is given school work to complete during the 7
suspension. 8
(2) If a student of a State school is suspended from the school 9
under section 289 for more than 5 school days, the school's 10
principal must arrange for the student's access to an 11
educational program that allows the student to continue with 12
the student's education during the suspension. 13
291 Submissions against suspensions for more than 5 14
school days 15
(1) A student suspended for more than 5 school days may make a 16
submission against the suspension. 17
(2) The submission must be made to the principal's supervisor 18
and state fully the grounds for the submission and the facts 19
relied on. 20
292 Dealing with submissions against suspensions 21
(1) If a submission is made under section 291 to a principal's 22
supervisor, the supervisor must immediately consider the 23
decision to suspend the student and the submission and-- 24
(a) confirm the decision; or 25
(b) amend the decision; or 26
(c) set aside the decision and make a new decision in 27
substitution of the decision to suspend. 28
(2) After the supervisor has decided to confirm, amend or set 29
aside the principal's decision to suspend, the supervisor 30
must-- 31
(a) as soon as practicable tell the student and principal-- 32
s 293 172 s 294
Education (General Provisions) Bill 2006
(i) about the supervisor's decision; and 1
(ii) if the supervisor's decision allows the student to 2
return to the school earlier, or later, than if the 3
principal's decision had been confirmed--about 4
when the student may return to the school; and 5
(b) within 7 days after telling the student about the 6
supervisor's decision--give the student and principal 7
notice of the decision and the reasons for the 8
supervisor's decision. 9
Division 2 Exclusion of students by principals' 10
supervisors 11
293 Grounds for exclusion of student by principal's 12
supervisor 13
(1) Each of the following is a ground for excluding a student from 14
a State school at which the student is enrolled or certain State 15
schools, but not all State schools, under this division-- 16
(a) disobedience by the student; 17
(b) misconduct of the student; 18
(c) other conduct of the student that is prejudicial to the 19
good order and management of the school or schools; 20
if the student's disobedience, misconduct or other conduct is 21
so serious that suspension of the student from the school or 22
schools is inadequate to deal with the behaviour. 23
(2) Also, a student may be excluded from a State school at which 24
the student is enrolled because of the student's contravention 25
of a behaviour improvement condition, for the student's 26
challenging behaviour, imposed or agreed to under division 8. 27
294 Suspension pending dealing with recommendation for 28
exclusion 29
(1) This section applies if a State school's principal is reasonably 30
satisfied grounds exist to exclude a student from the State 31
s 294 173 s 294
Education (General Provisions) Bill 2006
school at which the student is enrolled or certain State 1
schools. 2
(2) The principal may-- 3
(a) recommend to the principal's supervisor that the student 4
be excluded from the school or schools for a stated 5
period of not more than 1 year or permanently; and 6
(b) suspend the student from the school at which the student 7
is enrolled pending the supervisor's decision about the 8
recommendation. 9
(3) The principal must give the student a notice (the notice 10
recommending exclusion) stating-- 11
(a) the principal has recommended to the principal's 12
supervisor that the student be excluded from the school 13
or stated State schools for a stated period of not more 14
than 1 year or permanently and the reason for the 15
recommendation; and 16
(b) the student is suspended from the school at which the 17
student is enrolled pending the supervisor's decision 18
about the recommendation; and 19
(c) the student may make a submission to the principal's 20
supervisor against the suspension and recommendation 21
for exclusion no later than 5 school days after the notice 22
is given to the student or the longer period allowed by 23
the supervisor under section 296(3); and 24
(d) the title, name and address of the principal's supervisor; 25
and 26
(e) the way in which the submission may be made. 27
(4) The principal must, as soon as practicable after giving the 28
notice recommending exclusion to the student, give a copy of 29
the notice to the principal's supervisor. 30
(5) If the student is a child, as soon as practicable after giving the 31
notice recommending exclusion to the student, the principal 32
must take reasonable steps to meet with a parent of the student 33
to discuss the student's behaviour that led to the giving of the 34
notice. 35
(6) Subsection (5) does not apply if the principal is satisfied it 36
would be inappropriate in the circumstances to meet with a 37
s 295 174 s 296
Education (General Provisions) Bill 2006
parent of the student to discuss the student's behaviour that 1
led to the giving of the notice. 2
3
Example--
4
It may be inappropriate to meet with a parent of the student to discuss
5
the student's behaviour that led to the giving of the notice if the student
6
is living independently of his or her parents.
(7) If subsection (6) applies-- 7
(a) the principal must take reasonable steps to meet with the 8
student to discuss the student's behaviour that led to the 9
giving of the notice; and 10
(b) the student may be accompanied by an adult during the 11
meeting. 12
295 Continuing education during suspension 13
If a student of a State school is suspended under section 294 14
from the school, the school's principal must arrange for the 15
student's access to an educational program that allows the 16
student to continue with the student's education during the 17
suspension. 18
296 Submissions against suspension and recommendation 19
for exclusion 20
(1) A student given a notice recommending exclusion may make 21
a submission against the suspension and recommendation for 22
exclusion in the way stated in the notice. 23
(2) The submission must-- 24
(a) be made to the principal's supervisor no later than 5 25
school days after the notice is given to the student; and 26
(b) state fully the grounds for the submission and the facts 27
relied on. 28
(3) If, within 5 school days after the notice is given to the student, 29
the student or another person who may make a submission in 30
relation to the notice asks the supervisor for a longer period to 31
s 297 175 s 297
Education (General Provisions) Bill 2006
make the submission, the supervisor may, by notice given to 1
the student or other person, state a longer period allowed for 2
submissions. 3
297 Exclusion of student by principal's supervisor 4
(1) If-- 5
(a) a State school's principal, under section 294(2), 6
recommends to the principal's supervisor that a student 7
of the school be excluded from the school or certain 8
State schools for a period or permanently and gives the 9
student a notice recommending exclusion; and 10
(b) the period of 5 school days after the day the student was 11
given the notice, or the longer period allowed by the 12
supervisor under section 296(3), has expired and the 13
supervisor-- 14
(i) has not, before the expiry, received a submission 15
against the suspension and recommendation for 16
exclusion; or 17
(ii) has received a submission before the expiry and 18
considered the submission; and 19
(c) the supervisor is reasonably satisfied a ground exists to 20
exclude the student from the school or schools; 21
the supervisor may, no later than 20 school days after the day 22
the notice was given to the student, exclude the student from 23
the school or schools for a period of not more than 1 year or 24
permanently. 25
(2) Also, even though a State school's principal did not 26
recommend to the principal's supervisor that a student of the 27
school be excluded from the school or certain State schools, 28
the supervisor may exclude the student from the school or 29
certain State schools for a period of not more than 1 year or 30
permanently, if the supervisor is reasonably satisfied grounds 31
exist to exclude the student from the school or schools under 32
section 293(1). 33
(3) If the supervisor decides, under subsection (1) or (2), to 34
exclude a student of a State school from the school or certain 35
s 298 176 s 298
Education (General Provisions) Bill 2006
State schools, the supervisor must give the student a notice 1
stating-- 2
(a) the student is excluded from the school or schools for a 3
stated period of not more than 1 year or permanently 4
and the reason for the exclusion; and 5
(b) that the student may make a submission to the chief 6
executive, asking the chief executive to review the 7
decision under division 5; and 8
(c) the title, name and address of the chief executive; and 9
(d) the way in which the submission may be made. 10
(4) The supervisor may not decide, under subsection (1), to 11
exclude a student of a State school for a longer period than the 12
period of the proposed exclusion stated in the notice 13
recommending exclusion given to the student. 14
(5) The supervisor's power under subsection (1) or (2) to exclude 15
a student of a State school from certain State schools applies 16
in relation to a State school (the relevant school) only if the 17
supervisor is the principal's supervisor of the relevant school's 18
principal. 19
298 Decision not to exclude student 20
(1) Even if the supervisor may, under section 297(1), exclude a 21
student of a State school from the school or certain State 22
schools on a ground mentioned in section 293(1), the 23
supervisor may decide not to exclude the student if the 24
supervisor is reasonably satisfied the student may be allowed 25
to resume attendance at the school without compromising the 26
good order and management of the school. 27
(2) If the supervisor decides not to exclude a student of a State 28
school from the school or certain State schools, the supervisor 29
must-- 30
(a) as soon as practicable tell the student and the school's 31
principal-- 32
(i) about the decision; and 33
(ii) that the suspension has ended and the student may 34
resume attendance at the school; and 35
s 299 177 s 300
Education (General Provisions) Bill 2006
(b) within 7 days after telling the student about the 1
decision--give notice to the student, and the principal, 2
about the supervisor's decision and the reasons for the 3
decision. 4
(3) If the supervisor decides not to exclude a student of a State 5
school from the school on the ground mentioned in section 6
293(2), the student's resumed attendance at the school 7
remains subject to the student complying with the relevant 8
behaviour improvement condition for the student's 9
challenging behaviour. 10
299 Meeting with excluded student's parent 11
(1) If a student excluded by a principal's supervisor under section 12
297(2) is a child, as soon as practicable after giving the notice 13
of the exclusion under section 297(3), the supervisor or an 14
officer of the department authorised by the supervisor must 15
take reasonable steps to meet with a parent of the student to 16
discuss the student's behaviour that led to the exclusion. 17
(2) Subsection (1) does not apply if the supervisor or officer is 18
satisfied it would be inappropriate in the circumstances to 19
meet with a parent of the student to discuss the student's 20
behaviour that led to the exclusion. 21
22
Example--
23
It may be inappropriate to meet with a parent of the student to discuss
24
the student's behaviour that led to the exclusion if the student is living
25
independently of his or her parents.
(3) If subsection (2) applies-- 26
(a) the supervisor or officer must take reasonable steps to 27
meet with the student to discuss the student's behaviour 28
that led to the exclusion; and 29
(b) the student may be accompanied by an adult during the 30
meeting. 31
300 Effect of exclusion on enrolment 32
If a student is excluded under section 297 from a State school 33
at which the student is enrolled, the enrolment is taken to be 34
cancelled. 35
s 301 178 s 303
Education (General Provisions) Bill 2006
Division 3 Exclusion of students by chief 1
executive 2
301 Chief executive's power to exclude student 3
(1) The chief executive may, under this division, exclude a 4
student from a State school at which the student is enrolled, 5
certain State schools or all State schools, if the chief executive 6
is satisfied a ground mentioned in section 302 exists for the 7
exclusion. 8
(2) The chief executive may act under this division whether or not 9
the student has already been suspended or excluded from a 10
State school under this part. 11
302 Grounds for exclusion of student by chief executive 12
The grounds for excluding a student from a State school at 13
which the student is enrolled, certain State schools or all State 14
schools under this division are-- 15
(a) the student's attendance at the school or schools poses 16
an unacceptable risk to the safety or wellbeing of other 17
students or staff of the school or schools; or 18
(b) the student has persistently engaged in gross 19
misbehaviour that adversely affects the education of 20
other students of the school at which the student is 21
enrolled. 22
303 Grounds for exclusion of mature age student by chief 23
executive 24
(1) This section applies to a person who-- 25
(a) is a mature age student of a mature age State school; and 26
(b) was 18 years or more on the day of enrolment at the 27
school. 28
(2) Without limiting section 302(a), each of the following is also 29
a ground for excluding the student from the school under this 30
division-- 31
(a) the student has been convicted of a serious offence; 32
s 304 179 s 304
Education (General Provisions) Bill 2006
(b) the student has been convicted of an offence, other than 1
a serious offence, and the chief executive is satisfied it is 2
an exceptional case in which it would not be in the best 3
interests of children for the student to continue to be 4
enrolled at the school; 5
(c) the student has been charged with an offence and the 6
chief executive is satisfied it is an exceptional case in 7
which it would not be in the best interests of children for 8
the student to continue to be enrolled at the school. 9
304 Suspension pending final decision about exclusion 10
(1) If the chief executive is reasonably satisfied a ground exists to 11
exclude a student from a State school at which the student is 12
enrolled, certain State schools or all State schools, and the 13
student is not already suspended or excluded from the school 14
or schools, the chief executive must immediately suspend the 15
student from the school or schools pending a final decision 16
about the exclusion. 17
(2) The chief executive must give the student a notice stating-- 18
(a) that the student is immediately suspended from the 19
school or schools or, if the student is already suspended 20
or excluded from the school or schools, that the 21
suspension or exclusion continues until a final decision 22
is made about the chief executive's proposed exclusion; 23
and 24
(b) that the chief executive proposes to exclude the student 25
from the school or schools for a stated period of not 26
more than 1 year or permanently; and 27
(c) the reason for the proposed exclusion; and 28
(d) that the student may make a submission to the chief 29
executive against the proposed exclusion within 5 30
school days after the notice is given to the student or the 31
longer period allowed by the chief executive under 32
section 305(3); and 33
(e) the title, name and address of the chief executive; and 34
(f) the way in which the submission may be made. 35
s 305 180 s 305
Education (General Provisions) Bill 2006
(3) The chief executive must immediately give copies of the 1
notice to the principal of the school at which the student is 2
enrolled and the principal's supervisor. 3
(4) If the student is a child, as soon as practicable after giving the 4
notice, the chief executive must take reasonable steps to meet 5
with a parent of the student to discuss the student's behaviour 6
that led to the giving of the notice. 7
(5) Subsection (4) does not apply if the chief executive is satisfied 8
it would be inappropriate in the circumstances to meet with a 9
parent of the student to discuss the student's behaviour that 10
led to the giving of the notice. 11
12
Example--
13
It may be inappropriate to meet with a parent of the student to discuss
14
the student's behaviour that led to the giving of the notice if the student
15
is living independently of his or her parents.
(6) If subsection (5) applies-- 16
(a) the chief executive must take reasonable steps to meet 17
with the student to discuss the student's behaviour that 18
led to the suspension; and 19
(b) the student may be accompanied by an adult during the 20
meeting. 21
305 Submissions against proposed exclusion 22
(1) A student given a notice under section 304 may make a 23
submission against the proposed exclusion in the way stated 24
in the notice. 25
(2) The submission must-- 26
(a) be made to the chief executive no later than 5 school 27
days after the notice is given to the student; and 28
(b) state fully the grounds for the submission and the facts 29
relied on. 30
(3) If, within 5 school days after the notice is given to the student, 31
the student or another person who may make a submission in 32
relation to the notice asks the chief executive for a longer 33
period to make the submission, the chief executive may, by 34
s 306 181 s 306
Education (General Provisions) Bill 2006
notice given to the student or other person, state a longer 1
period allowed for submissions. 2
306 Exclusion of student by chief executive 3
(1) After considering any submissions received under section 4
305, the chief executive must decide whether-- 5
(a) to exclude the student from the school or schools stated 6
in the notice given to the student under section 304; and 7
(b) if so, the period of the exclusion. 8
(2) The chief executive may not decide to exclude the student for 9
a longer period than the period of the proposed exclusion 10
stated in the notice given to the student under section 304. 11
(3) If the chief executive is reasonably satisfied a ground exists to 12
exclude the student from a State school at which the student is 13
enrolled or certain State schools, the chief executive must give 14
the student a notice stating-- 15
(a) that the student is excluded from the stated school or 16
schools for a stated period of not more than 1 year or 17
permanently; and 18
(b) the reason for the exclusion; and 19
(c) that the student may make a submission asking the chief 20
executive to review the exclusion under division 5; and 21
(d) the title, name and address of the chief executive; and 22
(e) the way in which the submission may be made. 23
(4) If the chief executive is reasonably satisfied a ground exists to 24
exclude the student from all State schools, the chief executive 25
must give the student a notice stating-- 26
(a) that the student is excluded from all State schools for a 27
stated period of not more than 1 year or permanently; 28
and 29
(b) the reason for the exclusion; and 30
(c) that the student has a right to appeal, under section 406, 31
against the decision about the exclusion, and the time 32
within which the student may appeal. 33
s 307 182 s 309
Education (General Provisions) Bill 2006
(5) If the chief executive decides not to exclude the student, the 1
chief executive must as soon as practicable give the student a 2
notice stating-- 3
(a) the decision; and 4
(b) that the suspension has ended and the student may 5
return to the State school at which the student was 6
enrolled on the day of the suspension. 7
(6) If the chief executive gives a notice under subsection (5), the 8
suspension under section 304 ends. 9
(7) The chief executive must give notice of the decision about the 10
exclusion to the principal of a State school at which the 11
student is or was enrolled and the principal's supervisor. 12
307 Effect of exclusion on enrolment 13
If a student is excluded under section 306 from a State school 14
at which the student is enrolled, the enrolment is taken to be 15
cancelled. 16
308 Continuing education of certain excluded student 17
(1) This section applies to a student of a State school who is-- 18
(a) of compulsory school age; or 19
(b) a young person in the compulsory participation phase. 20
(2) If the student is excluded under section 306 from all State 21
schools, the chief executive must take reasonable steps to 22
arrange for the student's access to an educational program that 23
allows the student to continue the student's education during 24
the exclusion. 25
Division 4 Exclusion of prospective students 26
by chief executive 27
309 Application of div 4 28
This division applies if-- 29
s 310 183 s 311
Education (General Provisions) Bill 2006
(a) a State school's principal, under section 160(2), refers 1
an application for enrolment of a prospective student at 2
the school to the chief executive; and 3
(b) the chief executive gives the applicant a show cause 4
notice under section 163. 5
310 Risk to safety or wellbeing 6
(1) If the chief executive reasonably believes the prospective 7
student's attendance at certain State schools or all State 8
schools would pose an unacceptable risk to the safety or 9
wellbeing of other students or staff of the schools, the chief 10
executive must give the prospective student a notice (a show 11
cause notice) stating the following-- 12
(a) that the chief executive proposes to exclude the 13
prospective student from the schools for a stated period 14
of not more than 1 year or permanently (the proposed 15
action); 16
(b) the grounds for the proposed action; 17
(c) an outline of the facts and circumstances forming the 18
basis for the grounds; 19
(d) an invitation to the prospective student to show within a 20
stated period (the show cause period) why the proposed 21
action should not be taken. 22
(2) The show cause period must be a period ending at least 14 23
days after the show cause notice is given to the prospective 24
student. 25
311 Representations about show cause notice 26
(1) The prospective student may make written representations 27
about the show cause notice to the chief executive in the show 28
cause period. 29
(2) The chief executive must consider all written representations 30
(the accepted representations) made under subsection (1). 31
s 312 184 s 313
Education (General Provisions) Bill 2006
312 Ending show cause process without further action 1
If, after considering any accepted representations for the show 2
cause notice, the chief executive no longer reasonably 3
believes the prospective student's attendance at certain State 4
schools or all State schools would pose an unacceptable risk 5
to the safety or wellbeing of other students or staff of the 6
schools, the chief executive-- 7
(a) must not take further action about the show cause 8
notice; and 9
(b) must, as soon as practicable, give notice to the 10
prospective student that no further action is to be taken 11
about the show cause notice. 12
313 Exclusion 13
(1) This section applies if, after considering any accepted 14
representations for the show cause notice, the chief executive 15
still reasonably believes the prospective student's attendance 16
at certain State schools or all State schools would pose an 17
unacceptable risk to the safety or wellbeing of other students 18
or staff of the schools. 19
(2) This section also applies if there are no accepted 20
representations for the show cause notice. 21
(3) The chief executive must decide to exclude the prospective 22
student from the schools. 23
(4) The chief executive may not decide to exclude the prospective 24
student for a longer period than the period of the proposed 25
exclusion stated in the show cause notice given to the 26
prospective student under section 310. 27
(5) If the decision relates to certain State schools, the chief 28
executive must give the prospective student a notice stating-- 29
(a) that the prospective student is excluded from the stated 30
schools for a stated period of not more than 1 year or 31
permanently; and 32
(b) the reason for the exclusion; and 33
s 314 185 s 315
Education (General Provisions) Bill 2006
(c) that the prospective student may make a submission 1
asking the chief executive to review the exclusion under 2
division 5; and 3
(d) the title, name and address of the chief executive; and 4
(e) the way in which the submission may