EDUCATION ACT 2016 (NO. 51 OF 2016)

Table of Provisions

PART 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Objects of Act
• 4 Principles which are basis of Act
• 5 Interpretation
• 6 Ministerial instructions
• 7 Secretary's instructions

PART 2 - Education Before Compulsory Education

• 8 Kindergarten
• 9 Early enrolment in first year of education following kindergarten

PART 3 - Compulsory Education and Training Division 1 - Objects of

• 10 Object of Part

Division 2 - School-aged childrenSubdivision 1 - Enrolment at school

• 11 Requirement to enrol school-aged child at school or provide home
education
• 12 Applying for enrolment at school
• 13 Exemption from requirement to enrol at school or be home educated
• 14 Certificate of exemption
• 15 Revocation of exemption to enrol at school or be home educated
• 16 Attendance at school of school-aged child
• 17 Part-time attendance of school-aged child
• 18 Exemption from attendance of school-aged child without application
• 19 School-aged child excused from daily attendance at school
• 20 Withdrawal from, or cancellation of, enrolment of school-aged child
• 21 Object of Subdivision
• 22 Providing learning program or notifying of home education

Division 3 - YouthsSubdivision 1 - Participation in, and completion

• 23 What is participation in an approved learning program?
• 24 Participation in approved learning program or home education
• 25 Proposed learning program for child coming from outside jurisdiction
• 26 Exemption from participation in approved learning program
• 27 Certificate of exemption
• 28 Revocation of exemption from requirement to participate in approved
learning program or be home educated
• 29 Approval of learning program
• 30 Amendment of approved learning program
• 31 Completion of approved learning program
• 32 Enrolment at school under approved learning program
• 33 Attendance at approved learning program
• 34 Part-time attendance at approved learning program
• 35 Exemption from attendance at approved learning program without
application
• 36 Youth excused from daily attendance at approved learning program
• 37 Notification of change of circumstances under approved learning
program
• 38 Use of information about approved learning program

Division 4 - Other matters relating to enrolment and attendance at

• 39 Objection to participation in school activities

Division 5 - Managing unauthorised absencesSubdivision 1 -

• 40 Investigation of unauthorised absence
• 41 Ministerial instructions relating to student absence
• 42 Referral of absenteeism to Registrar
• 43 Process for convening compulsory conciliation conference
• 44 Conduct of compulsory conciliation conference
• 45 Recommendations of compulsory conciliation conference
• 46 Before concluding compulsory conciliation conference
• 47 Procedure by conciliator after compulsory conciliation conference
• 48 Action by Registrar on report of conciliator
• 49 Compliance with requirement of Registrar
• 50 Report of non-compliance with Registrar's requirement
• 51 Assessing and determining referral of compulsory conciliation
conference's recommendations, &c.
• 52 What is a Compulsory Schooling Order?
• 53 Compliance with Compulsory Schooling Order
• 54 Application for review of Compulsory Schooling Order
• 55 Constituting Review Panel to determine application for review of
Compulsory Schooling Order
• 56 Review of Compulsory Schooling Order
• 57 Effect of application for review of Compulsory Schooling Order
• 58 Re-convening compulsory conciliation conference
• 59 Confidentiality by person attending compulsory conciliation conference
• 60 Confidentiality by conciliator

Division 6 - Eliminating or ameliorating risks to health and safety

• 61 Requiring information about child
• 62 Obligation to provide information about child
• 63 Requesting medical information
• 64 Strategies to eliminate or ameliorate risks to health and safety of
persons at school
• 65 Disclosing information obtained under this Division
• 66 Ministerial instructions

Division 7 - Home educationSubdivision 1 - Approved home education

• 67 Application for approval of proposed home education program
• 68 Report of registration officer
• 69 Determination of application for approval of proposed home education
program
• 70 Statement of status as home educator
• 71 Approved home education program subject to conditions
• 72 Minor amendment of home education program
• 73 Application to amend approved home education program
• 74 Determination of application to amend approved home education program
• 75 Continuing assessment of approved home education program
• 76 Amendment of approved home education program by Registrar
• 77 Revocation of approval of home education program
• 78 Effect of revocation in certain circumstances
• 79 Review of determination relating to approved home education program
• 80 Enrolment at school for part-time attendance by home educated child
• 81 Part-time attendance at school by home educated child
• 82 Objection to participation in school activities
• 83 Notification of absence or failure to complete courses
• 84 Parent to enrol child in school, &c., on revocation of approval
of approved home education program
• 85 Providing learning program or notifying of home education
• 86 Purposes of home education assessments
• 87 Carrying out home education assessment

Division 8 - Miscellaneous

• 88 Particulars of child
• 89 Guidelines relating to enrolment for part-time schooling
• 90 Statement of Year 10 completion by principal
• 91 Statement of Year 10 completion by Registrar
• 92 Year 12 completion certificate by principal
• 93 Year 12 completion certificate by Registrar

PART 4 - Education and Training After Secondary Education

• 94 Entitlement to complete secondary education at State school
• 95 Attending State school after compulsory education
• 96 Entitlement to attend TasTAFE

PART 5 - State Education Division 1 - Schools

• 97 State schools
• 98 Changing purpose of school
• 99 Enrolment within intake area or at particular State school
• 100 Enrolment from outside intake area
• 101 Enrolment in certain cases
• 102 Support school
• 103 Dress code
• 104 Distance education
• 105 Administrative and financial matters

Division 2 - Principals

• 106 Qualifications of principal
• 107 Functions of principal
• 108 Powers of principal generally

Division 3 - School associations

• 109 School association
• 110 Establishment and dissolving of school association
• 111 Constitution of school association
• 112 Amendment of constitution of school association
• 113 Functions of school association
• 114 Power of school association to maintain authorised deposit-taking
institution account
• 115 Powers of school association generally
• 116 Performance and exercise of functions and powers of school
association
• 117 Power of Minister to limit functions and powers of school
association
• 118 Validity of acts of school association
• 119 Conflict of interest by member of school association
• 120 Inspection and audit of accounts of school association
• 121 Annual report of school association
• 122 Secretary's instructions relating to school association
• 123 Immunity from liability of school association member
• 124 Register of school associations

Division 4 - Educational instruction

• 125 Curriculum, assessment and reporting
• 126 Religious instruction
• 127 Review relating to education in State schools

Division 5 - Discipline

• 128 Secretary's instructions on unacceptable behaviour at State school
• 129 Unacceptable behaviour at State school
• 130 Immediate suspension of State school student
• 131 Non-urgent suspension or detention of State school student
• 132 Exclusion and expulsion of State school student
• 133 Educational instruction while suspended, excluded, expelled or
prohibited from attending State school
• 134 Review by Secretary of exclusion, expulsion or prohibition from
attending State school
• 135 Appeal against prohibition
• 136 Removal of adult for unacceptable behaviour at State school

Division 6 - Miscellaneous provisions

• 137 Transfer of State school student
• 138 Fees, levies and charges relating to attendance at State school
• 139 Policy relating to imposing levies and charges relating to attendance
at State school
• 140 Hire of State school facilities and equipment
• 141 Educational services
• 142 Property and equipment

PART 6 - Registered Non-government Schools Division 1 -

• 143 How non-government school may be registered
• 144 Offence for non-government school not to be registered

Division 2 - Systems of non-government schoolsSubdivision 1 -

• 145 Non-government schools may form system
• 146 Approved authority for system of non-government schools
• 147 Application for registration of system of non-government schools
• 148 Report of Registrar
• 149 Opinion of Minister
• 150 Determining application for registration of system of non-government
schools
• 151 Registration of system of non-government schools subject to conditions
• 152 Term of registration
• 153 Certificate of registration of system of non-government schools
• 154 Suspension of registration of system of non-government schools
• 155 Cancellation of registration of system of non-government schools
• 156 Withdrawal from registration of system of non-government schools
• 157 Effect of suspension or cancellation of registration of registered
system school on registered system of non-government schools
• 158 Qualification to become member of system of non-government schools
• 159 When registration of individual non-government school changes to
registration as registered system school
• 160 Registration as registered system school subject to conditions
• 161 Suspension of registered system school
• 162 Cancellation of registration of registered system school
• 163 Withdrawal of school from registered system of non-government schools

Division 3 - Registration of individual non-government

• 164 Application for registration of new individual non-government school
• 165 Report of Registrar for registration of new individual non-government
school
• 166 Providing application for registration of new individual non-government
school to Minister
• 167 Determining application for registration of new individual
non-government school
• 168 Application for registration of transitioning non-government school
• 169 Report of Registrar for registration of transitioning non-government
school
• 170 Determining application for registration of transitioning non-government
school
• 171 Application for renewal of registration of registered individual
school
• 172 Report of Registrar for renewal of registration of registered
individual school
• 173 Determining application for renewal of registration of registered
individual school
• 174 Type of registration
• 175 Registration as individual non-government school subject to conditions
• 176 Term of registration of individual non-government school
• 177 Certificate of registration of individual non-government school
• 178 Suspension of registration of individual non-government school
• 179 Cancellation of registration of individual non-government school

Division 4 - Registration guidelines

• 180 Registration guidelines

Division 5 - Registration reviews

• 181 Purpose of registration review
• 182 Request for registration review
• 183 Carrying out registration review
• 184 Report on registration review

Division 6 - Monitoring compliance with this Part and with

• 185 Power to inspect premises, &c., to prevent operation of
unregistered non-government school
• 186 Request for registration inspection
• 187 Carrying out registration inspection
• 188 Report on registration inspection
• 189 Fee for registration inspection
• 190 Powers of registration officer in relation to unregistered premises
• 191 Powers of registration officer in relation to registered premises
• 192 Warrant to seize document, &c.
• 193 Warrant to enter residence
• 194 Requirement to provide information, document or thing
• 195 Possession of document by Registrar
• 196 Using assistant
• 197 Obstruction, &c., of registration officer

Division 7 - Reviews of determinations

• 198 Review of determination

Division 8 - Principals

• 199 Qualifications of principal
• 200 Functions of principal
• 201 Removal of adult for unacceptable behaviour

Division 9 - Grants

• 202 Purpose of this Division
• 203 Grant
• 204 Amount of grant
• 205 Use of grant
• 206 Additional grant
• 207 Amount and use of additional grant
• 208 Grant or additional grant paid to other person
• 209 Grant and additional grant subject to conditions
• 210 Certificate certifying use of grant or additional grant
• 211 Access to school records
• 212 Provision of further information relating to use of grant
• 213 Refund of grant and additional grant

Division 10 - Non-government Schools Register

• 214 Non-government Schools Register

PART 7 - Office Holders, Statutory Bodies and Conciliators Division

• 215 Appointment of Principal Officer, Non-attendance
• 216 Functions of Principal Officer, Non-attendance
• 217 Powers of Principal Officer, Non-attendance

Division 2 - Registrar, EducationSubdivision 1 - Appointment,

• 218 Appointment of Registrar, Education
• 219 Functions of Registrar, generally
• 220 Powers of Registrar
• 221 Delegation by Registrar
• 222 Functions of Registrar in relation to student absenteeism
• 223 Functions of Registrar in relation to non-government schools and the
Registration Board
• 224 Functions of Registrar in relation to home education
• 225 Register of home educators and approved home education programs
• 226 Guidelines relating to home education issued by Registrar
• 227 Annual report by Registrar

Division 3 - Registration officers

• 228 Appointment of registration officers

Division 4 - Non-government Schools Registration Board

• 229 Non-government Schools Registration Board
• 230 Functions of Registration Board
• 231 Powers of Registration Board
• 232 Financial records of Registration Board
• 233 Annual report by Registration Board

Division 5 - Review PanelSubdivision 1 - Establishment of Review

• 234 Establishment of Review Panel
• 235 Functions of Review Panel
• 236 Powers of Review Panel
• 237 Expressions of interest to be members of Review Panel
• 238 Register of persons who may constitute Review Panel
• 239 Withdrawal by person from inclusion on register maintained under
section 238
• 240 Removal of person from register maintained under section 238

Division 6 - Tasmanian Home Education Advisory Council

• 241 Establishment of Tasmanian Home Education Advisory Council
• 242 Functions of Tasmanian Home Education Advisory Council
• 243 Powers of Tasmanian Home Education Advisory Council

Division 7 - Employees generally

• 244 Employees

Division 8 - Staff, assistance and facilities

• 245 Staff, assistance and facilities

PART 8 - Miscellaneous Provisions

• 246 Financial assistance
• 247 Employment of children
• 248 Corporal punishment in schools
• 249 Minister's advisory councils
• 250 Secretary's advisory councils
• 251 Hostels
• 252 Delegation by Minister
• 253 Delegation by Secretary
• 254 Immunity from liability
• 255 False or misleading statements
• 256 Prosecution for offence
• 257 Evidence and presumptions
• 258 Appropriation
• 259 Regulations
• 260 Administration of Act
• 261 Savings and transitional provisions
• 262 Legislation repealed
• 263 Legislation rescinded
• 264 Legislation revoked
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8

[ Note: This table has been automatically generated and may be incomplete. ]