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TASMANIA
__________
EDUCATION AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 amended (Enrolment)
6. Section 6 amended (Attendance)
7. Section 7 amended (Part-time attendance)
8. Section 8 amended (Certificate of exemption)
9. Section 10 amended (Excused from daily attendance)
10. Section 12 amended (Objection to participation in school
activities)
11. Section 17 amended (Registration of home educators)
12. Section 23 amended (Functions and powers of principals)
13. Part 3, Division 2 substituted
Division 2 School associations
26. School associations
27. Functions of school associations
28. Powers of school associations
29. Annual report
14. Section 35 amended (Reviews)
15. Section 36 amended (Unacceptable behaviour)
[Bill 80]-V
16. Section 40 amended (Transfer of students)
17. Section 41 amended (Fees, levies and charges)
18. Section 42 amended (Hire of school facilities and
equipment)
19. Section 44 repealed
20. Section 46 amended (Education before compulsory
education)
21. Section 47 amended (Completion of secondary education)
22. Section 47A inserted
47A. Education after compulsory education
23. Section 51 amended (Registered schools)
24. Section 53 amended (Grant of application)
25. Section 54 amended (Types of registration)
26. Section 70 substituted
70. Use of grant or subsidy
27. Section 82 amended (Employment of children)
2
EDUCATION AMENDMENT BILL 2003
This Public Bill originated in the House of Assembly, and, having this day
passed, is now ready for presentation to the Legislative Council for its
concurrence.
P. R. ALCOCK, Clerk of the House
25 November 2003
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
A BILL FOR
An Act to amend the Education Act 1994
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Education Amendment Act
2003.
Commencement
2. The provisions of this Act commence on a day or days to
be proclaimed.
[Bill 80] 3
s. 3 No. Education Amendment 2003
Principal Act
3. In this Act, the Education Act 1994* is referred to as
the Principal Act.
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "disability":
"distance education" means education
provided to a school-aged child
that is
(a) characterised by the
separation of the teacher
and child in time or place;
and
(b) provided by using a variety
of methods of delivery;
(b) by omitting "in the home" from the definition
of "home education";
(c) by inserting the following definition after the
definition of "hostel":
"individual educational program"
means a program provided and
supervised by a school that meets
the individual educational needs
of a child;
*No. 86 of 1994
4
2003 Education Amendment No. s. 4
(d) by omitting the definition of "registered
school" and substituting the following
definition:
"registered school" means
(a) a school registered under
Part 5; and
(b) a campus of a school
registered, managed or
controlled by a school in
another State or in a
Territory of the
Commonwealth;
(e) by omitting "college or other centre, unit or
institution" from paragraph (a) of the
definition of "school" and substituting "State
college or other centre, unit or institute of the
State";
(f) by omitting the definitions of "school charter"
and "school council" and substituting the
following definition:
"school association" means an
association established under
section 26;
(g) by inserting the following definition after the
definition of "school student":
"school's relevant financial year"
means the financial year of the
school during which a grant or
subsidy was received;
5
s. 5 No. Education Amendment 2003
Section 4 amended (Enrolment)
5. Section 4 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "6" and
substituting "5";
(b) by omitting from subsection (2) "A parent of a
school-aged" and substituting "Unless a
school-aged child is exempted from enrolment
under section 5, a parent of the";
(c) by inserting the following paragraph after
paragraph (a) in subsection (5):
(ab) the family name of the child; and
Section 6 amended (Attendance)
6. Section 6 of the Principal Act is amended as follows:
(a) by inserting the following paragraph after
paragraph (a) in subsection (1):
(ab) participates in an individual
educational program; or
(b) by inserting in subsection (2) "the child is
participating in an individual educational
program or is" after "unless".
Section 7 amended (Part-time attendance)
7. Section 7 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "exempt the
child from full-time attendance in a school
and";
6
2003 Education Amendment No. s. 8
(b) by omitting from subsection (2) "grant an
exemption from full-time attendance and";
(c) by omitting from subsection (3)(a) "grant the
exemption" and substituting "permit part-time
attendance".
Section 8 amended (Certificate of exemption)
8. Section 8(1) of the Principal Act is amended by omitting
"or 7".
Section 10 amended (Excused from daily
attendance)
9. Section 10 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(b) "5 school
days of the start of the non-attendance" and
substituting "the period specified by the
Secretary";
(b) by omitting from subsection (2) "5 school days"
and substituting "the period specified by the
Secretary".
Section 12 amended (Objection to participation in
school activities)
10. Section 12 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "attending a
State school" after "school-aged child";
(b) by inserting in subsection (2) "and stating the
reasons" after "writing".
7
s. 11 No. Education Amendment 2003
Section 17 amended (Registration of home
educators)
11. Section 17 of the Principal Act is amended as follows:
(a) by inserting in subsection (3)(a) "if the parent
has failed to comply with an applicable
provision of this Act" after "educator";
(b) by omitting from subsection (4) "in the home of
that parent";
(c) by inserting in subsection (4) "until the child
attains the age of 16 years, unless the
registration has been extended under
subsection (4B)(b)" after "sought";
(d) by inserting the following subsections after
subsection (4):
(4A) A parent may apply to extend his
or her registration as a home educator for a
period not exceeding the equivalent of 2 years
full-time study in respect of a student who has
attained the age of 16 years in order to
complete the final year of secondary education.
(4B) The Minister may
(a) refuse an application to extend
registration as a home educator; or
(b) grant the application, subject to
any conditions the Minister
determines.
8
2003 Education Amendment No. s. 12
Section 23 amended (Functions and powers of
principals)
12. Section 23(1)(d) of the Principal Act is amended by
omitting "school charter" and substituting "set of beliefs,
values and priorities formulated and developed under
section 27(a)(i)".
Part 3, Division 2 substituted
13. Division 2 of Part 3 of the Principal Act is repealed
and the following Division is substituted:
Division 2 School associations
School associations
26. (1) A State school must have a school
association established under this Division.
(2) A State school is to submit to the Minister
a draft constitution of the proposed school
association.
(3) The Minister is to establish a school
association for a State school if satisfied that the
draft constitution is appropriate.
(4) Any change to the constitution of a school
association must have the prior approval of the
Minister.
(5) The Minister, if satisfied that it is
necessary to do so may abolish a school association.
9
s. 13 No. Education Amendment 2003
Functions of school associations
27. A school association has the following functions:
(a) to participate in the formulation and
development of
(i) a set of beliefs, values and
priorities for the school; and
(ii) the school policies and code of
conduct;
(b) to provide advice and recommendations
to the principal in relation to the general
operations and management of the
school;
(c) to participate on the selection panel in
respect of any advertised permanent
vacancy for the position of principal;
(d) to foster cooperation among teachers,
students, members of the school
association, parents and the community;
(e) to provide advice and recommendations
to the Secretary on any matter relating
to policy;
(f) to approve the school budget;
(g) any other function the Minister
determines.
Powers of school associations
28. (1) A school association has the following
powers:
10
2003 Education Amendment No. s. 14
(a) to carry out trading activities not
relating to education for the benefit of
the school;
(b) to provide, or assist in the provision of,
financial or other resources or services
for the benefit of the school.
(2) A school association may do anything
necessary or convenient to perform its functions.
(3) A school association must exercise its
powers in accordance with any instructions issued
by the Secretary.
Annual report
29. A school association is to provide to the
principal and the school community once in every 12
months a report of its activities for the period to
which the report relates.
Section 35 amended (Reviews)
14. Section 35 of the Principal Act is amended as follows:
(a) by omitting from paragraph (a) "educational
instruction" and substituting "education";
(b) by omitting from paragraph (b) "plans and".
Section 36 amended (Unacceptable behaviour)
15. Section 36 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "at" and
substituting "of";
11
s. 16 No. Education Amendment 2003
(b) by omitting from subsection (2) "in a State
school";
(c) by omitting from subsection (2)(f) "disrepute."
and substituting "disrepute; or";
(d) by inserting the following paragraph after
paragraph (f) in subsection (2):
(g) constitutes any other behaviour
that the Secretary determines.
Section 40 amended (Transfer of students)
16. Section 40 of the Principal Act is amended by
inserting after subsection (2) the following subsection:
(3) The parent of a student who is transferred
may request that the Secretary provide reasons in
writing for that transfer.
Section 41 amended (Fees, levies and charges)
17. Section 41 of the Principal Act is amended as follows:
(a) by omitting from subsection (3) "levy a charge
to cover the" and substituting "impose levies
in respect of";
(b) by omitting from subsection (4) "principal of a
State school, with the agreement of the school
council, may" and substituting "Secretary may
authorise the principal of a State school to".
12
2003 Education Amendment No. s. 18
Section 42 amended (Hire of school facilities and
equipment)
18. Section 42(1) of the Principal Act is amended by
omitting "a State school to hire out any facilities" and
substituting "the principal of a State school to hire out any
facilities or equipment".
Section 44 repealed
19. Section 44 of the Principal Act is repealed.
Section 46 amended (Education before compulsory
education)
20. Section 46(1) of the Principal Act is amended by
omitting "6" and substituting "5".
Section 47 amended (Completion of secondary
education)
21. Section 47(1) of the Principal Act is amended by
inserting ", subject to section 47A(4), (5) and (6)," after
"entitled".
Section 47A inserted
22. After section 47 of the Principal Act, the following
section is inserted in Part 4:
Education after compulsory education
47A. (1) A person who is not a school-aged child
may apply to the principal of a State school to attend
that school.
13
s. 23 No. Education Amendment 2003
(2) An application is to be in a form approved
by the Secretary.
(3) Subject to subsection (4), the principal
may
(a) grant the application with or without
conditions; or
(b) refuse to grant the application.
(4) The Secretary may require to be satisfied
that the person is of good character before the
person may attend a State school.
(5) In order to be satisfied about the good
character or otherwise of a person, the Secretary
may require the Commissioner of Police to provide a
report in respect of any convictions or proceedings
taken against the person.
(6) Sections 22(1), 31(1), 45(1) and 108 of the
Youth Justice Act 1997 do not apply to the
identification in a report provided under
subsection (5) of a person who is a youth as defined
in that Act in respect of any action or proceedings
referred to in those sections.
Section 51 amended (Registered schools)
23. Section 51 of the Principal Act is amended by
inserting "or a campus of a school" after "a school".
Section 53 amended (Grant of application)
24. Section 53(1) of the Principal Act is amended by
inserting after paragraph (f) the following paragraphs:
14
2003 Education Amendment No. s. 25
(fa) the financial viability of the school;
(fb) the proposed arrangements for the governance
and administration of the school;
(fc) the likely impact of the registration of the
school on existing schools in the same
geographical area;
(fd) the proposed grievance process;
Section 54 amended (Types of registration)
25. Section 54 of the Principal Act is amended by
inserting after paragraph (b) the following paragraph:
(ba) distance education;
Section 70 substituted
26. Section 70 of the Principal Act is repealed and the
following section is substituted:
Use of grant or subsidy
70. The governing body of a registered school which
receives a grant or subsidy must submit to the
Secretary, within 6 months after the end of the
school's relevant financial year, a statement by an
independent auditor certifying that the grant or
subsidy was used for the purposes for which it was
made or granted.
15
s. 27 No. Education Amendment 2003
Section 82 amended (Employment of children)
27. Section 82 of the Principal Act is amended by
inserting "or undertake home education, except as
authorised by the Secretary" after "school".
16 Government Printer, Tasmania