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TASMANIA
__________
EDUCATION AND TRAINING (MISCELLANEOUS
AND CONSEQUENTIAL AMENDMENTS) BILL
2008
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 EDUCATION ACT 1994 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 amended (Enrolment)
6. Section 5 amended (Exemption from enrolment)
7. Section 6 amended (Attendance)
8. Section 7 amended (Part-time attendance)
9. Section 8 amended (Certificate of exemption)
10. Section 10 amended (Excused from daily attendance)
11. Section 14 amended (Authorized persons)
12. Section 16 amended (Evidence and presumption)
13. Section 17 amended (Registration of home educators)
14. Section 20 amended (Enrolment in certain cases)
15. Section 24 amended (Distance education)
16. Section 38 amended (Exclusion and expulsion)
[Bill 61]-III
17. Sections 47 and 47A substituted
47. Entitlement to complete secondary education
provided by State school
47A. Attending State school after compulsory education
47B. Entitlement to attend Academy or Polytechnic
47C. Attending Academy or Polytechnic after entitlement
ends
47D. Requirement that person be of good character
47E. Determining what is equivalent of 2 years of full-
time study
18. Section 81 amended (Financial assistance)
19. Section 82 amended (Employment of children)
PART 3 TAFE TASMANIA ACT 1997 AMENDED
20. Principal Act
21. Section 36 amended (Employees)
2
EDUCATION AND TRAINING (MISCELLANEOUS
AND CONSEQUENTIAL AMENDMENTS) BILL
2008
(Brought in by the Minister for Education and Skills, the
Honourable David John Bartlett)
A BILL FOR
An Act to amend the Education Act 1994 and the TAFE
Tasmania Act 1997
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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Education and
Training (Miscellaneous and Consequential
Amendments) Act 2008.
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
THIS BILL IS COGNATE WITH THE EDUCATION AND TRAINING (TASMANIAN
ACADEMY) BILL 2008, THE EDUCATION AND TRAINING (TASMANIAN POLYTECHNIC)
BILL 2008, THE EDUCATION AND TRAINING (TASMANIAN SKILLS INSTITUTE) BILL 2008,
THE EDUCATION AND TRAINING (REPEALS AND TRANSITIONAL PROVISIONS) BILL 2008
AND THE EDUCATION AND TRAINING (FURTHER CONSEQUENTIAL AMENDMENTS) BILL
2008
[Bill 61] 3
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
s. 2 Part 1 Preliminary
(2) Part 2 commences on 1 January 2009.
4
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
Part 2 Education Act 1994 Amended s. 3
PART 2 EDUCATION ACT 1994 AMENDED
3. Principal Act
In this Part, the Education Act 1994* is referred
to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition
before the definition of "certificate of
registration":
"Academy" means the Tasmanian
Academy established under
section 5 of the Education and
Training (Tasmanian Academy)
Act 2008;
(b) by inserting "other" after "or" in the
definition of "home education";
(c) by inserting the following definition after
the definition of "parent":
"Polytechnic" means the Tasmanian
Polytechnic established under
section 5 of the Education and
*No. 86 of 1994
5
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
s. 4 Part 2 Education Act 1994 Amended
Training (Tasmanian
Polytechnic) Act 2008;
(d) by omitting the definition of "school"
and substituting the following definition:
"school" means
(a) a State school; and
(b) a centre, unit or institute
of the State, other than the
Academy or the
Polytechnic, which
provides educational
instruction at any level up
to, and including, the final
year of secondary
education; and
(c) a registered school;
(e) by omitting the definition of "school-
aged child" and substituting the
following definition:
"school-aged child" means a person
who
(a) is required under
section 4(1) to be enrolled
at a school or provided
with home education; or
(b) would be required under
section 4(1) to be enrolled
6
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
Part 2 Education Act 1994 Amended s. 5
at a school or provided
with home education if
not exempted or excused
under Part 2;
(f) by inserting "other" after "or" in the
definition of "school student".
5. Section 4 amended (Enrolment)
Section 4 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) Unless exempted or excused under this
Part, a child who is at least 5 years of age
as at 1 January in any year must be
enrolled at a school or be provided with
home education for that year and
subsequent years until the child
completes the school year during which
he or she attains the age of 16 years.
6. Section 5 amended (Exemption from enrolment)
Section 5 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) The Secretary, at his or her own initiative
or on application, may grant a child, or a
class of children, an exemption from the
requirement to be enrolled at a school if
7
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
s. 7 Part 2 Education Act 1994 Amended
satisfied that it is in the best interests of
the child's, or children's, education to be
exempted.
7. Section 6 amended (Attendance)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"required;" and substituting "required by
the principal;";
(b) by omitting from subsection (1)(b)
"education." and substituting "education;
or";
(c) by inserting the following paragraph after
paragraph (b) in subsection (1):
(c) attends at the Academy or the
Polytechnic each day as required
if the child is exempted under
section 5 from the requirement to
be enrolled at a school subject to
a condition that the child attend
or be enrolled at either the
Academy or the Polytechnic.
(d) by omitting from subsection (3)
"principal" and substituting "principal,
the Academy or the Polytechnic".
8
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
Part 2 Education Act 1994 Amended s. 8
8. Section 7 amended (Part-time attendance)
Section 7 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "a school"
after "attend";
(b) by inserting in subsection (2) "at a
school" after "attendance";
(c) by inserting in subsection (3)(a) "at a
school" after "attendance".
9. Section 8 amended (Certificate of exemption)
Section 8 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) If the Secretary exempts a class of
school-aged children under section 5, the
Secretary is to issue a certificate of
exemption on the application of a school-
aged child of that class or the parent of
such a school aged-child.
10. Section 10 amended (Excused from daily
attendance)
Section 10 of the Principal Act is amended as
follows:
9
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
s. 10 Part 2 Education Act 1994 Amended
(a) by omitting from subsection (1) "school"
and substituting "school, the Academy or
the Polytechnic";
(b) by omitting from subsection (1)(a)(iii)
"cause;" and substituting "cause
approved by the principal, the Academy
or the Polytechnic, as the case may
require;";
(c) by omitting from subsection (1)(b)
"principal" and substituting "principal,
the Academy or the Polytechnic";
(d) by omitting from subsection (1)(b)
"Secretary." and substituting "Secretary,
the Academy or the Polytechnic.";
(e) by omitting from subsection (2) "child's
non-attendance at a school" and
substituting "school-aged child's non-
attendance at a school, the Academy or
the Polytechnic";
(f) by inserting in subsection (2) "the
Academy or the Polytechnic," after
"Secretary,";
(g) by inserting in subsection (2) "the
Academy or the Polytechnic" after
"principal,";
(h) by omitting from subsection (3)
"principal" and substituting "principal,
the Academy or the Polytechnic";
10
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
Part 2 Education Act 1994 Amended s. 11
(i) by omitting from subsection (3) "school"
first occurring and substituting "school,
the Academy or the Polytechnic";
(j) by omitting from subsection (3)
"Secretary" and substituting "Secretary,
Academy or Polytechnic";
(k) by omitting from subsection (3) "school."
and substituting "school, Academy or
Polytechnic.".
11. Section 14 amended (Authorized persons)
Section 14 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "school."
and substituting "a school, the Academy
or the Polytechnic.";
(b) by omitting from subsection (3)(a)
"school;" and substituting "school, the
Academy or the Polytechnic;";
(c) by inserting in subsection (3)(b)(ii) "or
the campus of the Academy or the
Polytechnic" after "school";
(d) by omitting from subsection (3)(b)(iii)
"school;" and substituting "school, the
Academy or the Polytechnic;";
11
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
s. 12 Part 2 Education Act 1994 Amended
(e) by omitting from subsection (3)(c)
"school" and substituting "school, the
Academy or the Polytechnic".
12. Section 16 amended (Evidence and presumption)
Section 16 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) In any proceedings for an offence against
this Part, a certificate
(a) by the principal of a school
certifying that on a specified day
a particular child was enrolled at,
but did not attend, the school for
the period or periods specified in
the certificate; or
(b) by the Academy or the chief
executive officer of the Academy
certifying that on a specified day
a particular child was enrolled at,
but did not attend, the Academy
for the period or periods specified
in the certificate; or
(c) by the Polytechnic or the chief
executive officer of the
Polytechnic certifying that on a
specified day a particular child
was enrolled at, but did not
attend, the Polytechnic for the
12
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
Part 2 Education Act 1994 Amended s. 13
period or periods specified in the
certificate
is evidence of those facts.
13. Section 17 amended (Registration of home
educators)
Section 17 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "attains
the age of 16 years," and substituting
"ceases to be a school-aged child,";
(b) by omitting from subsection (4A) "has
attained the age of 16 years in order to
complete the final year of secondary
education." and substituting "is no longer
a school-aged child.".
14. Section 20 amended (Enrolment in certain cases)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "school
or a registered school." and substituting
"school, a registered school, the
Academy or the Polytechnic.";
13
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
s. 15 Part 2 Education Act 1994 Amended
(b) by omitting from subsection (3) "school."
and substituting "school, the Academy or
the Polytechnic.".
15. Section 24 amended (Distance education)
Section 24 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"education:" and substituting "education,
being education up to and including the
last year of secondary education provided
by a State school:";
(b) by omitting from subsection (4)(e)
"basis." and substituting "basis;";
(c) by inserting the following paragraph after
paragraph (e) in subsection (4):
(f) any other matter the Secretary
considers relevant.
16. Section 38 amended (Exclusion and expulsion)
Section 38 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(6) In this section
14
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
Part 2 Education Act 1994 Amended s. 17
"student" includes a student who has
been suspended or expelled from
a school under this section.
17. Sections 47 and 47A substituted
Sections 47 and 47A of the Principal Act are
repealed and the following sections are
substituted:
47. Entitlement to complete secondary education
provided by State school
(1) If a person is not a school-aged child and
has not completed secondary education at
the level provided by State schools, that
person is entitled, subject to section 47D,
to attend a State school
(a) until the person completes the
final year of secondary education
provided by State schools; or
(b) for a period not exceeding the
equivalent of 2 years of full-time
study
whichever occurs first.
(2) If a person is entitled to attend a State
school under subsection (1), the
Secretary may determine which schools,
or which class of schools, the person may
attend.
15
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
s. 17 Part 2 Education Act 1994 Amended
47A. Attending State school after compulsory
education
(1) If a person is not a school-aged child
and
(a) he or she is not entitled to attend
a State school under section 47;
or
(b) his or her entitlement under
section 47 to attend a State school
has come to an end
the person may apply to the principal of a
State school to attend or continue
attending that school.
(2) An application is to be in a form
approved by the Secretary.
(3) Subject to section 47D, the principal
may
(a) grant the application with or
without conditions; or
(b) refuse to grant the application.
47B. Entitlement to attend Academy or
Polytechnic
(1) In this section
"post-Year 10 secondary education
and training" means secondary
education and training that is
16
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
Part 2 Education Act 1994 Amended s. 17
usually undertaken by persons
following the completion of the
fourth year of secondary
education, being the year
commonly known as Year 10.
(2) If a person is not a school-aged child and
has not completed the equivalent of 2
years of full-time study of post-Year 10
secondary education and training, that
person is entitled, subject to section 47D,
to attend the Academy or the Polytechnic
for a period not exceeding the equivalent
of 2 years of full-time study.
(3) If
(a) a person is entitled to attend the
Academy or the Polytechnic
under subsection (2); and
(b) there is a dispute as to which the
person may attend, the Academy
and the Polytechnic, jointly, may
determine the matter.
47C. Attending Academy or Polytechnic after
entitlement ends
(1) If a person is not a school-aged child
and
(a) he or she is not entitled to attend
the Academy or the Polytechnic
under section 47B; or
17
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
s. 17 Part 2 Education Act 1994 Amended
(b) his or her entitlement under
section 47B to attend the
Academy or the Polytechnic has
come to an end
the person may apply to the Academy or
the Polytechnic to attend or continue
attending the Academy or the
Polytechnic.
(2) An application is to be in a form
approved by the Academy or the
Polytechnic.
(3) Subject to section 47D, the Academy or
the Polytechnic may
(a) grant the application with or
without conditions; or
(b) refuse to grant the application.
47D. Requirement that person be of good
character
(1) If
(a) a person is entitled to attend a
State school, the Academy or the
Polytechnic under section 47 or
47B; or
(b) an application is made for the
applicant to attend or continue
attending a State school, the
18
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
Part 2 Education Act 1994 Amended s. 17
Academy or the Polytechnic
under section 47A or 47C
the Secretary, Academy or Polytechnic
may require to be satisfied that the
applicant is of good character before the
application may be granted.
(2) In order to be satisfied as to the good
character of the applicant, the Secretary,
Academy or Polytechnic may require the
Commissioner of Police to provide a
report in respect of any convictions or
proceedings taken against the applicant.
(3) 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 (2), of an applicant who
is a youth as defined in that Act in
respect of any action or proceedings
referred to in those sections.
47E. Determining what is equivalent of 2 years of
full-time study
If there is a dispute as to whether a
person has completed, or what
constitutes, the equivalent of 2 years of
full-time study for the purposes of
section 47 or 47B
(a) the dispute is to be determined by
the Minister; and
19
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
s. 18 Part 2 Education Act 1994 Amended
(b) the Minister's determination is
final.
18. Section 81 amended (Financial assistance)
Section 81 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) A school-aged child, the parent of
a school-aged child or a person
who is entitled to attend the
Academy or the Polytechnic
under section 47B during a year
may apply to the Secretary for
financial assistance in respect
of
(a) any levy made under
section 33(1)(b) of the
Education and Training
(Tasmanian Academy) Act
2008 or section 33(1)(b)
of the Education and
Training (Tasmanian
Polytechnic) Act 2008 and
imposed in relation to his
or her attendance at the
Academy or the
Polytechnic during that
year; or
20
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
Part 2 Education Act 1994 Amended s. 18
(b) any essential materials the
school-aged child or
person requires to
continue his or her
education and training at
the Academy or the
Polytechnic during that
year; or
(c) any accommodation costs
incurred by the school-
aged child or person
living away from home to
continue education and
training at the Academy
or the Polytechnic during
that year.
(b) by omitting from subsection (2)
"subsection (1)" and substituting
"subsection (1) or (1A)";
(c) by omitting paragraphs (a) and (b) from
subsection (2) and substituting the
following paragraphs:
(a) the income of the applicant or, in
an appropriate case, the parent of
the applicant is less than an
amount the Secretary may
determine; or
(b) the applicant or, in an appropriate
case, the parent of the applicant is
of a class of persons determined
21
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
s. 19 Part 2 Education Act 1994 Amended
by the Secretary to be entitled to
assistance; or
(c) in respect of accommodation
costs, the normal residence of the
student, school-aged child or
person attending the Academy or
the Polytechnic is at least 40
kilometres from the nearest
appropriate school or appropriate
campus of the Academy or the
Polytechnic.
(d) by omitting from subsection (4) "student
or a parent of a student may" and
substituting "person who may apply for
financial assistance under subsection (1)
or (1A) also may";
(e) by inserting in subsection (5)(a) "or, in
an appropriate case, the applicant's
parents" after "applicant";
(f) by omitting from subsection (5)(b)
"student" and substituting "student,
school-aged child or person attending the
Academy or the Polytechnic".
19. Section 82 amended (Employment of children)
Section 82 of the Principal Act is amended by
omitting "school" and substituting "school, the
Academy or the Polytechnic".
22
Education and Training (Miscellaneous and Consequential
Amendments) Act 2008
Act No. of
Part 3 TAFE Tasmania Act 1997 Amended s. 20
PART 3 TAFE TASMANIA ACT 1997 AMENDED
20. Principal Act
In this Part, the TAFE Tasmania Act 1997* is
referred to as the Principal Act.
21. Section 36 amended (Employees)
Section 36 of the Principal Act is amended by
inserting after subsection (6) the following
subsection:
(6A) A person appointed as a sessional
employee pursuant to subsection (6) is
taken, for all purposes, to be an employee
within the meaning of the State Service
Act 2000.
*No. 50 of 1997
Government Printer, Tasmania 23