EDUCATION (GENERAL PROVISIONS) ACT 2006

Queensland Consolidated Acts

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EDUCATION (GENERAL PROVISIONS) ACT 2006

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introduction

1. Short title
2. Commencement

Part 2--Application

3. Act binds all persons
4. Interaction with other legislation

Part 3--Objects

5. Objects of Act
6. Activities to achieve objects of ch 10

Part 4--Guiding principles for achieving Act's objects

7. Guiding principles

Part 5--Interpretation

8. Definitions
9. Meaning of compulsory school age
10. Meaning of parent
11. Meaning of basic allocation, remaining allocation etc.

CHAPTER 2--STATE EDUCATIONAL INSTITUTIONS

Part 1--State education

12. Provision of State education

Part 2--Establishment and naming of State educational institutions

13. Power to establish State schools
14. Power to establish institutions that provide educational instruction to persons enrolled at State schools
15. Power to establish other educational institutions
16. Naming, and changing of name, of a State educational institution

Part 3--Amalgamation or closure of State schools

17. Definition for pt 3
18. Notice of proposed closure or amalgamation
19. Consultation
20. Time to elapse before closure or amalgamation

Part 4--Bases for education provided, and testing, at State instructional institutions

21. Curriculum framework for State instructional institutions
22. Development and revision of 1-12 syllabuses and preparatory guidelines
23. Implementation of syllabus, course or preparatory guideline at State instructional institutions
24. Direction by Minister about tests

Part 5--Provisions relating to mature age students

Division 1--Preliminary

25. Definitions for pt 5
26. This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986

Division 2--Obligation relating to mature age student notices

27. Obligation of mature age State school's principal

Division 3--Issue of mature age student notices

28. Application for mature age student notice
29. Decision on application
30. Chief executive to invite submissions from person about criminal history
31. Currency of positive notice

Division 4--Provisions about criminal history

32. Criminal history check etc.
33. Notice of change in criminal history
34. Disclosure of change in criminal history
35. Requirements for disclosure
36. Use of criminal history information
37. Confidentiality of information about criminal history

Division 5--Cancellation and replacement of positive notices

38. Wrong, incomplete or new information

Division 6--Review of decisions

39. Definition for div 6
40. Who may apply for review
41. Applying for review
42. Review decision

Division 7--General provisions

43. False or misleading information or documents
44. Time limit on new application for mature age student notice

Part 6--Miscellaneous provisions

45. Inspection of State educational institution's premises
46. Investigation of complaint
47. Use of State educational institution's premises

CHAPTER 2A--RECOGNISED SCHOOLS

Part 1--Preliminary

47A. Definitions for ch 2A

Part 2--Approval as a recognised school

47B. Power to approve school as a recognised school
47C. Application for approval as a recognised school
47D. Further information to support application
47E. Decision on application

Part 3--Cancellation of approval

47F. Grounds for cancellation
47G. Show cause notice
47H. Representations about show cause notice
47I. Ending show cause process without further action
47J. Cancellation of approval

Part 4--Miscellaneous

47K. Application of Act to recognised schools

CHAPTER 3--COST OF PROVIDING STATE EDUCATION

48. Definitions for ch 3
49. Meaning of remote area
50. State education to be free
51. Power to charge particular persons or for particular educational services
52. Fee for distance education provided by a State school
53. When fee for distance education is not payable
54. Waiver of fee for distance education
55. Charging for specialised educational program
56. Voluntary financial contribution

CHAPTER 4--ALLOCATION OF STATE EDUCATION

Part 1--Preliminary

57. Definition for ch 4
58. Application of chapter to student under 16 years
59. Allocation of semesters for each student

Part 2--Basic allocation and remaining allocation

60. Basic allocation
61. Remaining allocation
62. Principal must consider remaining allocation for certain students
63. Notice to certain students about remaining allocation
64. Information to be given to repeating student

Part 3--Extra semesters may be granted by principals

65. Application for extra semesters if no remaining allocation
66. Principal must consider and decide application for extra semesters
67. Limitation on extra semesters granted by principals

Part 4--Submissions against principal's decision

68. Submissions against principal's decision
69. Dealing with submissions against principal's decision

Part 5--Further semesters may be granted by chief executive

70. Definition for pt 5
71. Application for further semesters if no remaining allocation and after extra semesters
72. Chief executive must consider and decide application for further semesters
73. Chief executive to give notice to principal if further semesters granted
74. Limitation on further semesters granted by chief executive

Part 6--Copy of notice to be given to parent

75. Copy of notice under this chapter to be given to parent

CHAPTER 5--RELIGIOUS INSTRUCTION

76. Religious instruction in school hours

CHAPTER 6--SCHOOL COUNCILS

Part 1--Preliminary

77. Definitions for ch 6

Part 2--Object of chapter

78. Object

Part 3--Establishment, name, functions and other matters

79. Establishment
80. Name
81. Functions
82. School councils do not have certain powers

Part 4--Membership

83. Membership of a school council
84. Number
85. Official members
86. Elected members
87. Coopted student member
88. Alternative association member
89. Chairperson
90. Term of office for elected member or appointed member
91. Casual vacancy in office of elected member or appointed member
92. Vacation of office
93. Disqualification from membership

Part 5--Constitution

94. Constitution for school council
95. Amendment of school council's constitution
96. Model constitutions for school councils

Part 6--Council business

97. Conduct of business
98. Time and place of meetings
99. Quorum
100. Presiding at meetings
101. Conduct of meetings
102. Attendance by proxy
103. Disclosure of interest

Part 7--Application of other laws

104. Criminal Law (Rehabilitation of Offenders) Act 1986
105. Public Records Act 2002
107. Public Sector Ethics Act 1994

Part 8--Starting up

108. Purpose and application
109. Initial constitution
110. Initial membership
111. First elected members and appointed members

Part 9--Dissolution

112. Dissolution of a school council
113. Records

Part 10--Miscellaneous

114. School council not to establish committee or subcommittee
115. Expense of attending meetings
116. Minister's power to give directions in the public interest
117. Protection from liability

CHAPTER 7--PARENTS AND CITIZENS ASSOCIATIONS

Part 1--Formation, objectives etc. of an association

118. Formation of parents and citizens association
119. Formation of interim parents and citizens association
120. Objectives of an association
121. Functions of an association
122. Dissolution of an association

Part 2--Officers of an association

123. Officers
124. Vacation of office

Part 3--Executive committee of an association

125. Executive committee
126. Restriction on who may be a member of executive committee
127. Urgent matters

Part 4--Business of an association

128. Presiding at meetings
129. Voting

Part 5--Subcommittees of an association

130. Subcommittees

Part 6--Constitution of an association

131. Constitution

Part 7--Financial provisions

132. Use of money received by association
133. Association is statutory body under the Statutory Bodies Financial Arrangements Act 1982
134. Financial year
135. Audit of accounts

Part 8--Relevant agreements

136. Definition for pt 8
137. Power to enter into relevant agreements
138. President to sign relevant agreement for an association

Part 9--General provisions

139. Regulation may provide for membership
140. Register of members
141. Protection from liability
142. Association may employ
143. Mandatory insurance cover
144. Proceedings
145. Notice of claim given under Personal Injuries Proceedings Act 2002, s 9(1)
146. Authority of an association
147. Disclosure of interests by members of an association
148. Honorary life membership of an association

Part 10--Removal of members and officers of an association

149. Definitions for pt 10
150. Removal of nominated person
151. Grounds for removal
152. Procedure for removal of nominated person
153. Submissions against removal
154. Dealing with submissions against removal

CHAPTER 8--ENROLMENT AT STATE SCHOOLS

Part 1--Applications for enrolment

Division 1--Requirements for enrolment

155. Application
156. Enrolment

Division 2--Applications relating to prospective students who are a risk to the safety or wellbeing of certain persons

157. Application of div 2
158. Not a risk to safety or wellbeing
159. Risk to safety or wellbeing
160. Representations about show cause notice
161. Ending show cause process without further action
162. Refusal of enrolment
163. Time limit on making another application for enrolment

Division 3--Enrolment at special schools

164. Application of div 3
165. Meaning of person with a disability
166. Requirements for enrolment satisfied
167. Requirements for enrolment not satisfied

Part 2--Enrolment agreements

168. Requirements relating to enrolment agreements

Part 3--Enrolment management plans

169. Definitions for pt 3
170. Preparation of enrolment management plan
171. Applicant for enrolment—residing in catchment area
172. Applicant for enrolment—residing outside catchment area

Part 4--Enrolment eligibility plans

173. Definitions for pt 4
174. Preparation of enrolment eligibility plan
175. Application for enrolment

CHAPTER 9--COMPULSORY SCHOOLING

Part 1--Compulsory schooling requirement

Division 1--Parents' obligations

176. Obligation of each parent
177. What is attendance
178. Notice to, and meeting with, parent
179. Limits on proceedings against a parent

Division 2--Chief executive may obtain information from non-State schools

180. Notice to principal of non-State school
181. Protection from liability

Part 2--Flexible arrangements

182. Flexible arrangements—non-State school
183. Flexible arrangements—State school

Part 3--Exemption from compliance with compulsory schooling requirement

Division 1--Preliminary

184. Definition for pt 3

Division 2--Bases for granting an exemption

185. Attendance is impossible or should not be required

Division 3--Application process

186. Application for exemption
187. Lapsing of application
188. Temporary exemption until application is decided
189. Decision
190. Contents of exemption
191. Imposition of conditions
192. Lesser period of exemption than that applied for

Division 4--Cancellation of exemption

193. Grounds for cancellation
194. Show cause notice
195. Representations about show cause notice
196. Ending show cause process without further action
197. Cancellation

Part 4--Other circumstances in which compulsory schooling requirement does not apply

198. Activities under Commonwealth law
199. Home education
200. Child's exclusion or suspension
201. Child's illness
202. Infectious or contagious disease or condition
203. Application for enrolment pending
204. Apprentice or trainee under the VETE Act

Part 5--Home education

Division 1--Preliminary

205. Definitions for pt 5
206. Who is eligible for provisional registration or registration

Division 2--Applications for provisional registration

207. Provisional registration

Division 3--Applications for registration

208. Procedural requirements for application
209. Withdrawal of application
210. Chief executive must ensure compliance with procedural requirements
211. Chief executive may require further information or documents
212. Child taken to be provisionally registered while application decided
213. Decision
214. Steps to be taken after application decided
215. Failure to decide application
216. Minimum details to be recorded on certificate of registration

Division 4--Conditions of registration

217. Standard conditions
218. Imposition of conditions
219. Changing conditions
220. Replacing certificate of registration

Division 5--Cancellation of registration

221. Grounds for cancellation
222. Show cause notice
223. Representations about show cause notice
224. Ending show cause process without further action
225. Cancellation
226. Return of cancelled certificate of registration to chief executive

Division 6--Surrender of provisional registration or registration

227. Surrender
228. Obligation to surrender

Division 7--Miscellaneous

229. Simultaneous enrolment at State school or non-State school prohibited

Part 6--Employment of children

230. Employment of child who is of compulsory school age

CHAPTER 10--COMPULSORY PARTICIPATION IN EDUCATION OR TRAINING

Part 1--Key terms

231. Compulsory participation phase
232. Eligible options and providers

Part 2--Participation in a program or course

233. Application of pt 2
234. What is participation
235. Full-time participation
236. Allowed absence
237. Suspension or exclusion

Part 3--Participation in an apprenticeship or traineeship

238. Participation in an apprenticeship or traineeship

Part 4--Parents' obligation

239. Obligation to ensure participation
240. Exceptions to obligation
241. Notice to, and meeting with, parent
242. Limits on proceedings against a parent

Part 5--Exemptions from compliance with compulsory participation requirements

Division 1--Bases for granting an exemption

243. Explanation
244. Participation is impossible or should not be required

Division 2--Application process

245. Application for exemption
246. Lapsing of application
247. Temporary exemption until application is decided
248. Decision
249. Contents of exemption
250. Imposition of conditions
251. Lesser period of exemption than that applied for

Part 6--Miscellaneous

251A. Disclosure by chief executive to appropriate entities
251B. Consultation about planning
251C. Transitional
251D. Confidentiality
251E. Delegation by chief executive

CHAPTER 12--GOOD ORDER AND MANAGEMENT OF STATE EDUCATIONAL INSTITUTIONS AND NON-STATE SCHOOLS

Part 1--Preliminary

274. Definition for ch 12

Part 2--Behaviour plans for State schools

275. Definition for pt 2
276. Requirement for approved behaviour plan for a State school
277. Principal is responsible for developing behaviour plan
278. Implementation of plan
279. Review of plan
280. Plan to be available for inspection
281. Copies of plan to be given to parents and students
282. Copy of plan to be given to applicant for enrolment

Part 3--Detention of students enrolled at State schools

283. Detention

Part 4--Suspension, exclusion and cancellation of enrolment of, and behaviour improvement conditions for, State school students

Division 1--Suspension of students

284. Grounds for suspension of student
285. Suspension of student
286. Continuing education during suspension
287. Submissions against suspensions for more than 5 school days
288. Dealing with submissions against suspensions

Division 2--Exclusion of students by principals' supervisors

289. Grounds for exclusion of student by principal's supervisor
290. Suspension pending dealing with recommendation for exclusion
291. Continuing education during suspension
292. Submissions against suspension and recommendation for exclusion
293. Exclusion of student by principal's supervisor
294. Decision not to exclude student
295. Meeting with excluded student's parent
296. Effect of exclusion on enrolment

Division 3--Exclusion of students by chief executive

297. Chief executive's power to exclude student
298. Grounds for exclusion of student by chief executive
299. Grounds for exclusion of mature age student by chief executive
300. Suspension pending final decision about exclusion
301. Submissions against proposed exclusion
302. Exclusion of student by chief executive
303. Effect of exclusion on enrolment
304. Continuing education of certain excluded student

Division 4--Exclusion of prospective students by chief executive

305. Application of div 4
306. Risk to safety or wellbeing
307. Representations about show cause notice
308. Ending show cause process without further action
309. Exclusion
310. Continuing education of certain excluded student

Division 5--Review of particular exclusion decisions

311. Application of div 5
312. Submission against exclusion decision
313. Dealing with submissions against exclusions

Division 6--Periodic review of certain decisions to exclude permanently

314. Periodic review of decision to exclude permanently on ground mentioned in s 289 or 298—person under 17 years
315. Periodic review of decision to exclude permanently on ground mentioned in s 289 or 298—person aged from 17 to 24 years

Division 7--Cancellation of enrolment of students above compulsory school age

316. Ground for cancelling enrolment of student more than compulsory school age
317. Show cause notice
318. Representations about show cause notice
319. Ending show cause process without further action
320. Cancellation of student's enrolment
321. Submission against cancellation of enrolment
322. Dealing with submission against cancellation of enrolment

Division 8--Behaviour improvement conditions

323. Definitions for div 8
324. Imposition of behaviour improvement condition by principal
325. Review of decision about imposition of behaviour improvement condition
326. Removal of behaviour improvement condition
327. Change of behaviour improvement condition

Division 9--Other provisions

328. Definitions for div 9
329. No entitlement to enrolment at another State school during suspension
330. Copy of notices under this part to be given to parent
331. Submissions, representations or applications about suspensions etc.
332. When decisions take effect

Part 5--Wilful disturbance and trespass at State educational institutions

333. Wilful disturbance
334. Trespass

Part 6--Directions and orders about conduct or movement at, or entry to, premises of State instructional institutions

Division 1--Preliminary

335. Definitions for pt 6

Division 2--Powers relating to name and address

336. Person may be required to state name and address

Division 3--Directions about conduct or movement at premises of State instructional institutions

337. Direction about conduct or movement
338. Review of direction under s 337

Division 4--Directions to leave and not re-enter premises of State instructional institutions for 24 hours

339. Direction to leave and not re-enter

Division 5--Prohibition from entering premises of State instructional institutions for up to 60 days

340. Prohibition from entering premises

Division 6--Prohibition from entering premises of State instructional institutions for more than 60 days, but not more than 1 year

341. Prohibition from entering premises
342. Appeal to District Court

Part 7--Directions and orders about conduct or movement at, or entry to, premises of non-State schools

Division 1--Preliminary

343. Definitions for pt 7

Division 2--Powers relating to name and address

344. Person may be required to state name and address

Division 3--Directions about conduct or movement at premises of non-State schools

345. Review body
346. Direction about conduct or movement
347. Review of direction under s 346

Division 4--Directions to leave and not re-enter premises of non-State schools for 24 hours

348. Direction to leave and not re-enter

Division 5--Prohibition from entering premises of non-State schools for up to 60 days

349. Prohibition from entering premises

Division 6--Prohibition from entering premises of non-State schools for more than 60 days, but not more than 1 year

350. Prohibition from entering premises
351. Appeal to District Court

Part 8--Prohibition from entering premises of all State instructional institutions and non-State schools for up to 1 year

352. Prohibition from entering premises of all State instructional institutions and non-State schools
353. Prohibition from entering premises of all State instructional institutions
354. Appeal to District Court

Part 9--Provisions relating to parts 6 to 8

355. Non-application of pts 6 and 7 to particular persons
356. Notification of application or direction
357. Noncompliance with court order
358. Annual report of department to include report on various matters
359. Non-State school's governing body to give particular information to Minister

Part 10--Dress code

360. Development of dress code
361. Guidelines for dress code
362. Noncompliance with dress code
363. Dress code to be available for inspection

Part 11--Reporting of sexual abuse

364. Definition for pt 11
365. Obligation to report sexual abuse of student under 18 years attending State school
366. Obligation to report sexual abuse of student under 18 years attending non-State school

CHAPTER 13--SCHOOLS IN RECEIPT OF SUBSIDY

Part 1--Preliminary

367. Definitions for ch 13

Part 2--Scholarships and allowances

368. Provision of scholarships and payment of allowances
369. Minister's policy

Part 3--Financial data

370. Requirement to give financial data
371. Further information or documents relating to financial data
372. False or misleading information or documents
373. Confidentiality of financial data

Part 4--Giving of allowance acquittal details

374. Allowance acquittal details
375. Annual report
376. Show cause notice
377. Representations about show cause notice
378. Ending show cause process without further action
379. Recommendation by board
380. Decision of Minister
381. Minister's discretion not limited

Part 5--Other provisions

382. False or misleading statement

CHAPTER 14--TRANSFER NOTES

Part 1--Preliminary

383. Definition for ch 14
384. Meaning of transfer note
385. Purpose of giving transfer note

Part 2--Request for transfer notes

386. Cessation of enrolment
387. Application for enrolment
388. Transfer of records between State schools

Part 3--Protection from liability

389. Protection from liability

CHAPTER 15--REVIEWS AND APPEALS

Part 1--Reviews of decisions by chief executive

390. Who may apply for review
391. Application for review
392. Review decision

Part 2--Appeal against review decisions

393. Application of pt 2
394. Appeal to Magistrates Court
395. Conduct of appeal

Part 3--Appeals against directions under section 340 or 349

396. Definition for pt 3
397. Who may appeal
398. Starting an appeal
399. Hearing procedures
400. Powers of court on appeal

Part 4--Appeal against decision under section 69, 72, 154, 302(4) or 309(6)

401. Definitions for pt 4
402. Appeal

CHAPTER 16--LEGAL PROCEEDINGS

Part 1--Evidence

403. Application of pt 1
404. Definition for pt 1
405. Appointments and authority
406. Signatures
407. Other evidentiary aids

Part 2--Offence proceedings

408. Summary proceedings for offences
409. Statements at start of proceedings
410. Evidence of chief executive's consent

CHAPTER 17--MINISTER'S POWERS

411. Power of Minister to be member of entity
412. Establishment of advisory committees
413. Forming or establishing entities for furthering education

CHAPTER 18--INTERNATIONAL EDUCATIONAL INSTITUTIONS

414. Definitions for ch 18
415. Limitation on operation of international educational institution
416. Recommendation by Minister
417. Conditions of approval
418. Criminal history reports
419. Payment of allowances

CHAPTER 19--MISCELLANEOUS

420. Special education
421. Transportation assistance for certain students
422. Grants to entities
423. Annual reporting by State school's principal or non-State school's governing body
424. Parent and teacher discussions
425. Student reports
426. Confidentiality
427. Homework guidelines for State schools
428. Collection of demographic information
429. Chief executive's directions about State school records and reports
429A. Prohibition on use of certain terms
430. Failure to decide application
431. Delegation by Minister
432. Delegation by chief executive
433. Approval of forms
434. Regulation-making power

CHAPTER 20--REPEAL, VALIDATIONS AND TRANSITIONAL PROVISIONS

Part 1--Repeal of Acts

435. Repeal

Part 2--Validations

436. Validation of fee waiver

Part 3--Transitional provisions

437. Definitions for pt 3
438. References to repealed Acts
439. Dissolution of corporation sole
440. Vesting of assets, rights and liabilities of corporation sole
441. Legal proceedings involving the corporation sole
442. References to corporation sole
443. Offences
444. Power of Minister to be member of committees etc.
445. Advisory committees
446. State educational institutions
447. Curriculum framework and directions
448. Chief executive's directions about State school records and reports
449. Religious instruction
450. Application for mature age student notices
451. Currency of positive notice
452. Review of decision to issue negative notice
453. Behaviour plans
454. Time limit on new application for mature age student notice
455. Suspension of student
456. Submission against suspension for more than 5 days
457. Dealing with submissions against suspension for more than 5 days
458. Recommendation to principal's supervisor of exclusion of student
459. Suspension pending dealing with recommendation for exclusion
460. Submissions against suspension and recommendation for exclusion
461. Exclusion of student by principal's supervisor
462. Suspension pending final decision about exclusion
463. Submissions against proposed exclusion
464. Exclusion of student by chief executive
465. Submission against exclusion decision
466. Dealing with submissions against exclusions
467. Periodic review of decision to exclude
468. Dealing with submissions about whether exclusion should be revoked
469. Cancellation of student's enrolment
470. Submission against cancellation of enrolment
471. Dealing with submissions against cancellation of enrolment
472. Submissions about suspensions, exclusions or cancellations
473. Directions about conduct or movement at premises of State instructional institutions
474. Directions to leave and not re-enter premises of State instructional institutions
475. Prohibition from entering premises of State instructional institutions
476. Directions about conduct or movement at premises of non-State schools
477. Directions to leave and not re-enter premises of non-State schools
478. Prohibition from entering premises of non-State schools
479. Prohibition from entering premises of all State instructional institutions and non-State schools
480. Prohibition from entering premises of all State instructional institutions
481. Appeal to District Court
482. Department's annual report
483. Non-State school's governing body to give particular information to Minister
484. Provisions about school councils
485. Provisions about parents and citizens associations
486. Provisions about enrolment at State schools
488. Exemption from compliance with compulsory enrolment and attendance provisions
489. Application for exemption from compliance with compulsory enrolment and attendance provisions
490. Particular dispensation from compliance with compulsory enrolment and attendance provisions
491. Particular application for exemption from compliance with compulsory enrolment and attendance provisions
492. Dispensation from requirement to participate in an eligible option
493. Home schooling dispensation from requirement to participate in an eligible option
494. Application for exemption from requirement to participate in an eligible option
495. Application for home schooling exemption from requirement to participate in an eligible option
496. Student account
497. Flexible arrangements
498. Principal's decision about student's remaining allocation
499. Notice about student's remaining allocation
500. Application for extra semesters if no remaining allocation
501. Notice about student's extra semesters
502. Submissions against decisions about allocation of semesters or application for extra semesters
503. Dealing with submissions against decisions about allocation of semesters or application for extra semesters
504. Notice about decisions about allocation of semesters or application for extra semesters
505. Application for further semesters if no remaining allocation and after extra semesters
506. Notice about student's further semesters
507. Financial data
508. Finalising show cause process relating to allowances paid for non-State schools
509. International educational institutions
510. Appeals
510A. Limited effect of s 429A for 1 year
SCHEDULE 4 DICTIONARY
Endnotes

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