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This is a Bill, not an Act. For current law, see the Acts databases.
WESTERN AUSTRALIA
SCHOOL EDUCATION BILL 1997
ARRANGEMENT
Page
PART 1 -- PRELIMINARY
1. Short title 2
2. Commencement 2
3. Objects 3
4. Definitions 3
5. Definition of ``pre-compulsory education period'' 6
6. Definition of ``compulsory education period'' 7
7. Definition of ``post-compulsory education period'' 8
8. Notes not part of Act 8
PART 2 -- ENROLMENT AND ATTENDANCE
Division 1 -- Compulsory education
Subdivision 1 -- Enrolment of children of compulsory school age
9. When enrolment compulsory 9
10. Ways in which section 9 satisfied 10
11. Exemption by Minister 10
No. 47 -- 3
School Education Bill 1997
Subdivision 2 -- Inquiries to check compliance with section 9
12. Authorized persons 11
13. Powers of authorized person 11
14. Certificate of appointment 12
15. Offence of pretending to be an authorized person 12
Division 2 -- Enrolment, all schools
16. Information to be provided 12
17. Change of particulars 14
18. Principal may act on application by one parent 14
19. Enrolment register 15
20. Cancellation of enrolment 15
21. Removal from register 16
Division 3 -- Attendance, all schools
22. Definition 17
23. Attendance 17
24. Arrangements alternative to attendance 18
25. Non-attendance for reasonable cause 19
26. Referral to a School Attendance Panel where doubtful
reasons given about non-attendance 21
27. Principal may require non-attendance for health
reasons 22
28. Attendance records 23
29. Employment during school hours 24
Division 4 -- Government schools, absence for
special observance
30. Non-attendance for religious or cultural observance 24
31. Days to which section 30 applies 25
Division 5 -- Absentee students
Subdivision 1 -- Preliminary
32. Definitions 26
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School Education Bill 1997
Subdivision 2 -- School attendance officers
33. School attendance officers 27
34. Certificate of appointment 27
35. Offence of pretending to be a school attendance
officer 28
Subdivision 3 -- Powers of school attendance officers
36. Powers of school attendance officers to inquire 28
37. Offence of obstructing etc. 29
Subdivision 4 -- Dealing with non-attendance and enforcing attendance
38. Breaches of section 23 29
39. Appointment of School Attendance Panels 30
40. Referral to School Attendance Panel of persistent
breaches of section 23 31
41. No prosecution unless non-compliance with advice or
assistance offered by a School Attendance Panel 33
42. No prosecution without certificate of Panel or chief
executive officer and report of Panel 33
43. Parent to bring child before court 35
44. Proof of certain matters 36
45. Conduct of prosecutions 37
Division 6 -- Home education
46. Definition 37
47. Application for registration 37
48. Registration 39
49. Home educator to inform chief executive officer of
certain matters 39
50. Home education moderators 39
51. Evaluation of child's educational programme and
progress 40
52. Chief executive officer may give notice of concern and
require evaluation 41
53. Cancellation of registration 42
54. Review of decision to cancel registration 43
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School Education Bill 1997
PART 3 -- GOVERNMENT SCHOOLS
Division 1 -- Establishment, closure etc.
55. Establishment 46
56. Closure and amalgamation 46
57. Consultation 47
58. Permanent closure, notice of proposal to be given 48
59. Permanent closure, when notice of proposal not
required 48
60. Local-intake schools 49
Division 2 -- Functions of chief executive officer, principals and
teachers
61. Functions of chief executive officer 49
62. Principal 50
63. Functions of principal 51
64. Functions of teachers 52
65. Functions not to be inconsistent with certain
industrial arrangements 53
Division 3 -- Educational instruction
66. Definitions 53
67. Curriculum 54
68. Curriculum not to promote certain subject-matter 54
69. Special religious education 55
70. Consultation with Council 55
71. Parent may withdraw child from special religious
instruction etc. 55
72. Principal may exempt child from particular classes 56
73. Educational programme for children with a disability 56
Division 4 -- Enrolment
74. Application for enrolment 57
75. Enrolment 58
76. General residential qualification 58
77. Enrolment of children below compulsory school age 59
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School Education Bill 1997
78. Enrolment of children of compulsory school age at
local-intake school 59
79. Enrolment of children of compulsory school age at
other schools 60
80. Enrolment of children in post-compulsory education
period 60
81. Enrolment of persons beyond their post-compulsory
education period 61
82. Issues arising on certain applications under this
Division for enrolment 61
83. Cancellation where enrolment found to be
inappropriate 63
84. Matters to be considered under sections 82 and 83
about educational programme 64
85. Chief executive officer may refer to advisory panel 64
86. Decisions under sections 82 and 83 relating to
children with a disability 65
87. Disabilities Advisory Panels 66
Division 5 -- Suspension and exclusion
88. Definition 68
89. Breach of school discipline 68
90. Suspension for breach of school discipline 68
91. Grounds for exclusion from the school 69
92. Chief executive officer may exclude from attendance
at school 69
93. School Discipline Advisory Panels 71
94. Orders that may be made 72
95. Principal may exclude students above compulsory age 73
96. Review of decisions under section 95 74
Division 6 -- Financial provisions
Subdivision 1 -- Fees for instruction, charges, contributions and costs
97. Definitions 75
98. Limitation on matters for which fees for instruction
and charges may be imposed 76
99. Charges and contributions for the provision of certain
materials, services and facilities 77
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School Education Bill 1997
100. Extra cost optional components of educational
programmes 79
101. Optional components that are not extra cost optional
components to be available to certain students 80
102. Principal to collect charges, contributions and costs 81
103. Overseas students and adult students 81
104. Financial hardship 81
105. Students (other than overseas or adult students)
cannot be excluded for non-payment of charges 82
106. Recovery 82
107. Agreements to pay costs not affected 83
108. Items for personal use in educational programme 83
Subdivision 2 -- School funds
109. General Purposes Fund 84
110. Funds for special purposes 84
111. Management of school funds 84
112. What may be credited 85
113. Bank account 86
114. Certain provisions not to apply 87
115. Investment of school funds 87
116. Closure or amalgamation of school 87
Division 7 -- Other management provisions
117. School year for government schools 88
118. Disputes and complaints 88
119. Management and control of school premises 89
120. Dealing with persons disrupting school premises 90
121. Dissemination of certain information on school
premises 92
122. Dealings with a parent 93
123. General management 94
Division 8 -- Parent and community involvement
Subdivision 1 -- School Councils
124. Definition 94
125. Government school to have a Council 95
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School Education Bill 1997
126. Exemptions and approvals 95
127. Constitution of Councils 96
128. Functions of Councils 97
129. Minister may approve additional functions for a
Council 98
130. Incorporated Council may have prescribed additional
functions if approved by the Minister 98
131. Certain property vested in Minister 100
132. Council not concerned in school management 100
133. Powers of Council 100
134. Principal to provide support 101
135. Council to comply with Minister's directions 101
136. Procedures 101
137. Protection from liability 101
138. Minister may dismiss Council 102
139. Winding up of Council that is incorporated 102
140. Regulations 103
Subdivision 2 -- Parents and Citizens' Associations
141. Definition 104
142. Formation of Parents and Citizens' Associations 104
143. Objects etc. 104
144. Certain property vested in Minister 105
145. Incorporation 105
146. Transitional provision 106
147. Information to be given to principal 107
148. Winding up of associations 107
149. Other associations 108
PART 4 -- NON-GOVERNMENT SCHOOLS
Division 1 -- Preliminary
150. Definitions 109
151. References to chief executive officer 110
152. Delegation by the chief executive officer 110
153. Minister may give directions to the chief executive
officer 111
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School Education Bill 1997
Division 2 -- Registration of non-government schools
154. Offence of carrying on unregistered school etc. 111
155. Offence of false representation 112
156. Scheme of registration 112
157. Minister may make advance determination of certain
issues 113
158. Application for registration 114
159. Matters to be considered by Minister 114
160. Grant or refusal of registration 116
161. Minister to notify decision within 3 months 117
162. Certificate of registration 117
163. Period of registration 117
164. Renewal of registration 118
165. Amendment of conditions 118
166. Minister may give directions 119
167. Cancellation of registration 119
168. Review of decisions in relation to registration 120
Division 3 -- Non-government school systems
Subdivision 1 -- Recognition of systems
169. Recognized school systems 121
170. Revocation of order 122
171. Inclusion of a registered school in a school system 123
172. Withdrawal of a school from a school system 123
Subdivision 2 -- System agreements
173. Minister may make agreements with non-government
school systems 124
174. Contents of a system agreement 124
175. Termination of a system agreement 125
Division 4 -- Inspections and provision of information
176. Inspection on notice 126
177. Inspection without notice 127
178. Proof of authority 128
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School Education Bill 1997
179. Offence of obstructing an inspection 128
180. Notice of change of premises 128
181. Provision of information by registered schools 129
Division 5 -- Funding
182. Minister may allocate moneys 129
183. Orders as to funding 130
184. Contents of orders 130
185. Accountability 131
Division 6 -- Loans for capital works
186. Minister may lend money 131
187. Borrowing by the Minister 132
188. Moneys to be credited and charged to operating
account 133
189. Guarantee by the Treasurer 133
190. Payments under guarantee 134
PART 5 -- COMMUNITY KINDERGARTENS
Division 1 -- Preliminary
191. Definition 135
Division 2 -- Registration of community kindergartens
192. Scheme of registration 135
193. Application for registration 136
194. Matters to be considered by Minister 136
195. Grant or refusal of registration 137
196. Minister to notify decision within 3 months 137
197. Registration 138
198. Amendment of conditions 138
199. Age limit on attendance 139
200. Cancellation of registration 139
201. Review of decisions in relation to registration 140
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School Education Bill 1997
Division 3 -- Operation and management of community
kindergartens
202. Minister may give directions 141
203. Extent of role of governing body as to certain matters 142
204. Certain staff to be appointed by chief executive officer 142
205. Functions of kindergarten teachers 142
206. Curriculum and enrolment 143
207. Limitation on fees for instruction and charges 144
208. Management and control of community kindergarten
premises 144
209. Dealing with persons disrupting community
kindergarten premises and dissemination of certain
information on community kindergarten premises 145
210. Chief executive officer may allocate moneys 145
211. Accountability 145
212. Regulations 146
PART 6 -- ADMINISTRATION
Division 1 -- The Minister
213. Definition 147
214. Minister to be body corporate 147
215. Property vested in Minister 148
216. Powers of Minister 148
217. Treasurer to consider proposals under section
216 (2) (c) 150
218. Licences for use of certain property 151
219. Licences for community use of certain property 152
220. When school fund to receive money paid under
certain licences 152
221. When school fund to receive money paid for
advertising or sponsorship 153
222. Power to exempt 154
223. Review by Minister 155
224. Delegation 156
225. Subdelegation 156
226. Documents presumed duly executed 157
227. Accountability under this Division 157
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School Education Bill 1997
Division 2 -- The department
228. Department 157
229. Chief executive officer 158
230. Delegation by chief executive officer 158
231. Minister may give directions to the chief executive
officer 159
232. Chief executive officer may give directions to a
principal 159
233. CEO's Instructions 159
Division 3 -- Staff employed in the department
234. Definitions 160
235. Categories of staff 160
236. Provisions applicable to teaching staff, other officers
and wages staff 161
237. Classification of teaching staff 162
238. Transfer of teacher to another category of employee 162
239. Teaching staff and other officers, substandard
performance and disciplinary matters 163
240. Employee may be ordered to leave school premises 163
Division 4 -- Advisory panels
241. Advisory panels 164
PART 7 -- MISCELLANEOUS
242. Confidentiality 166
243. Legal proceedings 167
244. Regulations 168
245. Review of Act 169
246. Repeal, savings and transitional 169
247. Consequential amendments 169
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School Education Bill 1997
SCHEDULE 1 -- TRANSITIONAL PROVISIONS
1. Definitions 170
2. Interpretation Act 1984 not affected 170
3. Property vested in Minister 170
4. Delegations under section 6AA 170
5. Agreements and licences under section 6A 170
6. Licences under section 6B 171
7. Staff 171
8. Inquiries under section 7C 172
9. Enrolments 172
10. Government schools 172
11. Efficient schools 172
12. Certain existing pre-school centres continued as
registered schools 173
13. Certain existing care-centres and pre-school centres
continued 173
14. Superannuation of former employees of the W.A.
Pre-School Board 174
15. Notices under section 9A 174
16. Bank account 174
17. Registration for home education 174
18. Directions under section 20A 175
19. Suspension and exclusion of students 175
20. School decision-making groups 175
21. Parents and Citizens' Associations 175
22. Transitional on repeal of Industrial Relations
Act 1979 s. 23B 176
23. Transitional regulations 176
SCHEDULE 2 -- CONSEQUENTIAL AMENDMENTS 177
xii
WESTERN AUSTRALIA
LEGISLATIVE ASSEMBLY
(As amended in Committee)
SCHOOL EDUCATION BILL 1997
A BILL FOR
AN ACT to make provision --
for education in school or by home education;
for the establishment and operation of
government schools and for parent and
community involvement in school affairs;
for the registration of non-government schools
and the funding of such schools;
for the registration of community kindergartens;
and
for administrative responsibilities for school
education;
to repeal the Education Act 1928 and consequentially
amend certain other Acts, and to make related
provisions.
The Parliament of Western Australia enacts as follows:
1
School Education Bill 1997
cl. 1
PART 1 -- PRELIMINARY
What this Part is about
This Part provides for some matters that are relevant to the Act
generally.
5 In particular it deals with --
the commencement of the Act on a day, or of different
provisions on different days, fixed by proclamation
(section 2);
the objects of the Act (section 3);
10 the definition of terms used in the Act (section 4) (but where
a definition only applies to a particular Part, Division,
Subdivision, Schedule or section, it is placed in that Part,
Division, Subdivision, Schedule or section);
the definition of some terms used in the Act which, because
15 of their length, are better placed in separate sections
(sections 5, 6 and 7);
the status of notes in the Act (section 8).
Short title
1. This Act may be cited as the School Education Act 1997.
20 Commencement
2. The provisions of this Act come into operation on such day as
is, or days as are respectively, fixed by proclamation.
2
School Education Bill 1997
cl. 3
Objects
3. (1) The objects of this Act include the following --
(a) to recognize the right of every child in the State to
receive a school education;
5 (b) to allow that education to be given in a government
school, a non-government school or at home;
(c) to provide for government schools that meet the
educational needs of all children; and
(d) to acknowledge the importance of the involvement and
10 participation of a child's parents in the child's
education.
(2) Any person who has a function under this Act is to seek
to ensure that the objects stated in subsection (1) are achieved.
Definitions
15 4. In this Act, unless the contrary intention appears --
``chief executive officer'' --
(a) in Part 4, has the meaning given by section 151;
and
(b) otherwise has the meaning given by section 229;
20 ``child'' means a person who has not reached the age of 18;
``child of compulsory school age'' means a child who
under section 9 (1) is required to be enrolled in an
educational programme;
``compulsory education period'' has the meaning given
25 by section 6;
3
School Education Bill 1997
cl. 4
``Council'', in relation to a government school, means the
Council established under section 125 for the school;
``department'' --
(a) in Part 4, means the department of the Public
5 Service principally assisting the Minister in the
administration of that Part; and
(b) otherwise has the meaning given by section 228;
``disability'' means a condition --
(a) which is attributable to an intellectual,
10 psychiatric, cognitive, neurological, sensory or
physical impairment or a combination of those
impairments;
(b) which is permanent or likely to be permanent;
(c) which may or may not be of a chronic or episodic
15 nature; and
(d) which results in --
(i) a substantially reduced capacity of a person
for communication, social interaction,
learning or mobility; and
20 (ii) the need for continuing support services;
``educational programme'' means an organized set of
learning activities designed to enable a student to
develop knowledge, understanding, skills and
attitudes relevant to the student's individual needs;
25 ``General Purposes Fund'', in relation to a school, means
the fund referred to in section 109;
4
School Education Bill 1997
cl. 4
``government school'' means a school established under
section 55;
``intake area'' for a government school means the area
defined under section 60 (1) (b) for that school;
5 ``local-intake school'' means a school to which a
declaration under section 60 (1) applies;
``non-government school'' means a school registered
under section 160;
``parent'', in relation to a child, means a person who at law
10 has responsibility --
(a) for the long-term care, welfare and development
of the child; or
(b) for the day to day care, welfare and development
of the child,
15 except in sections 9 (2), 10 (b), 25, 27, 38 (1) and
Division 6 of Part 2 where it has only the meaning
given by paragraph (b);
``post-compulsory education period'' has the meaning
given by section 7;
20 ``pre-compulsory education period'' has the meaning
given by section 5;
``principal'' --
(a) in relation to a non-government school, means
the person who is in charge of the school; and
25 (b) in relation to a government school, has the
meaning given by section 62;
``regulations'' means regulations under section 244;
5
School Education Bill 1997
cl. 5
``school'' means a government school or a non-government
school;
``school fund'' means the General Purposes Fund and a
fund referred to in section 110;
5 ``school year'', in relation to a government school, means
the school year determined by order under
section 117;
``student'' means a person who is enrolled at a school;
``teacher'', in relation to a government school, means a
10 member of the teaching staff;
``teaching staff '' means persons appointed as such under
section 236 (2).
Definition of ``pre-compulsory education period''
5. The pre-compulsory education period for a child is as
15 follows --
(a) until 31 December 2000 --
(i) from the beginning of the year in which the child
reaches the age of 4; and
(ii) until the end of the year in which the child
20 reaches the age of 5;
(b) from 1 January 2001 until 31 December 2002 --
(i) from the beginning of the year in which the child
reaches the age of 4 years and 6 months; and
(ii) until the end of the year in which the child
25 reaches the age of 5;
and
6
School Education Bill 1997
cl. 6
(c) from 1 January 2003 --
(i) from the beginning of the year in which the child
reaches the age of 4 years and 6 months; and
(ii) until the end of the year in which the child
5 reaches the age of 5 years and 6 months.
Definition of ``compulsory education period''
6. The compulsory education period for a child is as follows --
(a) until 31 December 2002 --
(i) from the beginning of the year in which the child
10 reaches the age of 6; and
(ii) until the end of the year in which the child
reaches the age of 15;
(b) from 1 January 2003 until 31 December 2011 --
(i) from the beginning of the year in which the child
15 reaches the age of 6 years and 6 months; and
(ii) until the end of the year in which the child
reaches the age of 15;
and
(c) from 1 January 2012 --
20 (i) from the beginning of the year in which the child
reaches the age of 6 years and 6 months; and
(ii) until the end of the year in which the child
reaches the age of 15 years and 6 months.
7
School Education Bill 1997
cl. 7
Definition of ``post-compulsory education period''
7. The post-compulsory education period for a person is as
follows --
(a) until 31 December 2011 --
5 (i) from the beginning of the year in which the
person reaches the age of 16; and
(ii) until the end of the year in which the person
reaches the age of 17;
(b) from 1 January 2012 until 31 December 2013 --
10 (i) from the beginning of the year in which the
person reaches the age of 16 years and 6 months;
and
(ii) until the end of the year in which the person
reaches the age of 17;
15 and
(c) from 1 January 2014 --
(i) from the beginning of the year in which the
person reaches the age of 16 years and 6 months;
and
20 (ii) until the end of the year in which the person
reaches the age of 17 years and 6 months.
Notes not part of Act
8. Notes in this Act are provided to assist understanding and
do not form part of the Act.
8
School Education Bill 1997
cl. 9
PART 2 -- ENROLMENT AND ATTENDANCE
What this Part is about
This Part deals with --
the compulsory enrolment of all children in an educational
5 programme (Division 1);
procedures for the enrolment of children at a government or
non-government school (Division 2);
attendance requirements for students enrolled at a
government or a non-government school (Division 3);
10 the absence of students from government schools for a
religious or cultural observance (Division 4);
absenteeism in relation to both government and
non-government schools (Division 5);
the provision of education by parents to their children in the
15 home (Division 6).
Division 1 -- Compulsory education
Subdivision 1 -- Enrolment of children of compulsory school age
When enrolment compulsory
9. (1) A child is to be enrolled in an educational programme
20 for each year of the compulsory education period for that child.
(2) A parent of a child must ensure that subsection (1) is
complied with.
Penalty: $2 500.
9
School Education Bill 1997
cl. 10
(3) A complaint of an offence against subsection (2) is not to
be made against a parent unless the chief executive officer has
given a certificate to the effect that all reasonably practicable
steps have been taken to secure compliance with subsection (1)
5 by the parent.
(4) Where in any proceedings a document is produced
purporting to be a certificate given under subsection (3) the court
is to presume, unless the contrary is shown, that the document is
such a certificate.
10 Ways in which section 9 satisfied
10. The duty imposed by section 9 is satisfied in respect of a
child by --
(a) the enrolment of the child at a school; or
(b) the registration under section 48 of a parent as the
15 child's home educator and the continuation in effect of
that registration.
Exemption by Minister
11. (1) The Minister may by instrument --
(a) exempt a child from section 9 (1) if the Minister is
20 satisfied that it is in the best interests of the child to
do so; and
(b) at any time revoke an exemption.
(2) Section 9 (1) does not apply to a child who is exempted
by the Minister under subsection (1) if the conditions of the
25 exemption are being complied with.
(3) An exemption may be limited in its operation to a
specified period.
10
School Education Bill 1997
cl. 12
(4) The Minister may --
(a) make the exemption subject to any condition; and
(b) impose any further condition or vary or revoke a
condition at any time.
5 (5) Without limiting the Minister's ability to obtain advice or
information, he or she may obtain advice from an advisory panel
under section 241 for the purposes of any decision required to be
made under this section.
(6) In the case of children enrolled at non-government
10 schools, the Minister may by instrument delegate the powers
conferred on him or her by this section to the chief executive
officer referred to in section 151.
Subdivision 2 -- Inquiries to check compliance with section 9
Authorized persons
15 12. The Minister may authorize any person (``an authorized
person'') who comes within a class of employees referred to in
section 235 (1) who has the required expertise to perform this
role to exercise the powers conferred by this Subdivision.
Powers of authorized person
20 13. (1) An authorized person may --
(a) call at any premises used as a dwelling; and
(b) having produced the certificate provided to the
authorized person under section 14, require any
person on the premises appearing to be over the age of
25 18 to answer any relevant question, whether orally or
in writing.
11
School Education Bill 1997
cl. 14
(2) A question is relevant only if it is reasonably connected
with finding out whether there is living at the premises any child
of compulsory school age who is not enrolled in an educational
programme.
5 (3) A person to whom a requirement under subsection (1) (b)
is directed must not --
(a) fail to comply with the requirement; or
(b) in purported compliance give any information that is
false or misleading.
10 Penalty: $500.
Certificate of appointment
14. (1) The Minister is to provide to an authorized person a
certificate stating that he or she is an authorized person for the
purposes of this Subdivision.
15 (2) A certificate purporting to have been issued under this
section is evidence in any proceedings that the person concerned
is an authorized person.
Offence of pretending to be an authorized person
15. A person who is not authorized under section 12 must not
20 pretend to be an authorized person.
Penalty: $5 000 or imprisonment for 6 months.
Division 2 -- Enrolment, all schools
Information to be provided
16. (1) A person who wishes to make an application for
25 enrolment at a school is to provide the following information to
the extent that he or she is asked to do so --
(a) the date of birth of the enrollee;
12
School Education Bill 1997
cl. 16
(b) the names and usual place of residence of --
(i) the enrollee; and
(ii) where the enrollee is a child --
(I) the parents; and
5 (II) any adult person, not being a parent, who
is responsible for the child;
(c) where the enrollee is a child, details of any provision
in force at law --
(i) for the long-term care, welfare and development
10 of the child; or
(ii) for the day to day care, welfare and development
of the child;
(d) where applicable, the name of the school at which the
enrollee is enrolled or was last enrolled;
15 (e) the country of citizenship of the enrollee and, where
applicable, whether the enrollee has the right to
reside in Australia;
(f) the vaccination status of the enrollee;
(g) details of any condition of the enrollee that may call
20 for special steps to be taken for the benefit or
protection of the enrollee or other persons in the
school; and
(h) any other information prescribed by the regulations.
(2) The principal may require documentary evidence to be
25 provided in support of any information supplied by the applicant.
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School Education Bill 1997
cl. 17
Change of particulars
17. (1) Where there is a change in --
(a) the place of residence of an enrollee; or
(b) the particulars referred to in section 16 (1) (b) or (c) in
5 respect of the enrollee,
notice of the change is to be given to the principal of the school at
which the enrollee is enrolled --
(c) by a parent of the enrollee;
(d) in the case of an enrollee who has turned 18 or who is
10 a prescribed child, by the enrollee; or
(e) by a person whose details have been provided under
section 16 (1) (b) (ii) (II).
(2) A notification to a principal under subsection (1) may be
given in any way that is determined by the principal to be
15 acceptable, either generally or in a particular case.
Principal may act on application by one parent
18. (1) Where a parent lodges a duly completed application
for enrolment with a principal, the principal need not enquire --
(a) whether there is any other person who in relation to
20 the child is within the definition of ``parent'' in
section 4; or
(b) if there is such a person, whether he or she concurs
with the lodging of the application or the information
included in it.
25 (2) Nothing in this section affects the operation and
enforcement of a Family Court order.
14
School Education Bill 1997
cl. 19
Enrolment register
19. A principal of a school must ensure that --
(a) a register is kept showing, in respect of all students
enrolled at the school, the information prescribed by
5 the regulations; and
(b) particulars recorded in the register are retained for
the period prescribed by the regulations.
Cancellation of enrolment
20. (1) The principal of a school may cancel the enrolment of
10 an enrollee at the school if the principal is satisfied that --
(a) the enrolment was obtained by the giving of false or
misleading information; or
(b) section 17 has not been complied with.
(2) A principal is not to cancel an enrolment under
15 subsection (1) without first --
(a) giving notice of the proposed cancellation, and of the
reasons for it --
(i) to each parent who is shown on the register
referred to in section 19 and whose whereabouts
20 are known or can be discovered by reasonable
enquiry;
(ii) in the case of an enrollee who has turned 18 or
who is a prescribed child, to the enrollee; or
(iii) to a person whose details have been provided
25 under section 16 (1) (b) (ii) (II);
and
15
School Education Bill 1997
cl. 21
(b) giving him or her a reasonable opportunity to show
why the enrolment should not be cancelled.
(3) Subject to subsection (2), the principal is to give written
notice of the cancellation to the person notified under
5 subsection (2) (a).
(4) The cancellation takes effect at such time as is specified
in the notice given under subsection (3).
Removal from register
21. (1) A principal of a school is not to remove from the
10 register for the school the name of a child of compulsory school
age unless --
(a) the principal believes on reasonable grounds that the
child has enrolled in another school in this State or
elsewhere;
15 (b) the principal believes on reasonable grounds that the
child is no longer resident in this State;
(c) an exemption is granted under section 11 in respect of
the child;
(d) a parent of the child is registered under section 48 as
20 the child's home educator;
(e) the enrolment is cancelled under section 20 or 83; or
(f) the Minister has authorized the removal on the
ground that enquiries to establish the whereabouts of
the child have not been successful.
25 (2) In the case of children enrolled at non-government
schools, the Minister may by instrument delegate the power of
authorization conferred by subsection (1) (f) to the chief executive
officer referred to in section 151.
16
School Education Bill 1997
cl. 22
(3) A person who exercises a power of authorization
conferred by subsection (1)(f) in relation to a particular child is to
take reasonably practicable steps to establish the child's
whereabouts in each year of the child's compulsory education
5 period.
Division 3 -- Attendance, all schools
Definition
22. In sections 25, 27 and 29 --
``school'' includes any place to which an arrangement
10 under section 24 applies.
Attendance
23. (1) A student must on the days on which the school is
open for instruction --
(a) either --
15 (i) attend the school at which he or she is enrolled;
or
(ii) otherwise participate in an educational
programme of the school whether at the school
or elsewhere,
20 as required by the principal; or
(b) comply with an arrangement under section 24.
(2) Subsection (1) has effect subject to --
(a) section 25 (which relates to non-attendance for
reasonable cause);
17
School Education Bill 1997
cl. 24
(b) section 27 (which enables a principal to require
non-attendance for health reasons); and
(c) section 30 (which allows non-attendance at a
government school for a recognized religious or
5 cultural observance).
(3) Subsection (1) is enforceable under Division 5.
Arrangements alternative to attendance
24. (1) An arrangement in writing may be entered into for a
student --
10 (a) to attend at some place other than the school at which
he or she is enrolled; and
(b) there to participate in activities that are part of an
educational programme of the school.
(2) An arrangement under subsection (1) in respect of a
15 student is to be entered into between the principal and --
(a) any parent of the student who in the opinion of the
principal should be a party to the arrangement; or
(b) in the case of a student who has turned 18 or who is a
prescribed child, the student.
20 (3) An arrangement under subsection (1) --
(a) may provide for the student's attendance --
(i) for a particular period of the school year; or
(ii) during a particular period in each week of the
school year or part of the school year;
25 (b) may be varied by the principal after consultation with
the person with whom the arrangement is made; and
18
School Education Bill 1997
cl. 25
(c) may be terminated at any time by the principal.
(4) If the principal decides to terminate an arrangement
under subsection (3) (c) he or she is to notify the person with
whom the arrangement is made of that decision as soon as is
5 practicable after it is made.
(5) In this section --
``parent'' means --
(a) the parent or parents who completed the
enrolment application for the student;
10 (b) any other person who --
(i) according to that application; or
(ii) to the knowledge of the principal,
comes within the definition of ``parent'' in
section 4 in relation to the student; and
15 (c) a person whose details have been provided under
section 16 (1) (b) (ii) (II).
Non-attendance for reasonable cause
25. (1) In this section --
``responsible person'', in relation to a student, means --
20 (a) a parent of the student;
(b) in the case of a student who has turned 18 or
who is a prescribed child, the student; or
(c) a person whose details have been provided under
section 16 (1) (b) (ii) (II).
19
School Education Bill 1997
cl. 25
(2) A student is excused from attending at school, or from
participating in an educational programme of the school, on any
day --
(a) if the student is prevented from attending at school, or
5 from participating in the educational programme
by --
(i) temporary physical or mental incapacity; or
(ii) any other reasonable cause;
(b) if a responsible person has notified the principal of the
10 cause of the student's non-attendance or
non-participation --
(i) as soon as is practicable; and
(ii) in any case within 3 school days of the day on
which the non-attendance started;
15 and
(c) where under paragraph (b) the incapacity of the
student is given as the cause, if the responsible person
provides the principal with a certificate in support
from a registered medical practitioner if requested to
20 do so by the principal.
(3) A notification to a principal under subsection (2) (b) may
be given in any way that is determined by the principal to be
acceptable, either generally or in a particular case.
(4) A student is excused from attending at school, or from
25 participating in an educational programme of the school, on any
day if --
(a) a parent of the student has applied, or intends to
apply, to be registered under section 48 as the
student's home educator; and
20
School Education Bill 1997
cl. 26
(b) the parent has notified the principal in writing of the
application or intended application --
(i) as soon as is practicable; and
(ii) in any case within 3 school days of the day on
5 which the non-attendance started.
Referral to a School Attendance Panel where doubtful
reasons given about non-attendance
26. (1) This section applies where a principal is of the opinion
that the reasons notified under section 25 (2) (b) in respect of a
10 child of compulsory school age have persistently --
(a) been not genuine; or
(b) not amounted to a sufficient cause for the purposes of
that section.
(2) Where this section applies to a child --
15 (a) the principal may refer the child's case to a School
Attendance Panel under section 39;
(b) a Panel may --
(i) inquire into the child's attendance record
including the social, cultural, lingual, economic
20 or geographic factors, or learning difficulties,
that might be affecting the child's attendance
record;
(ii) give such advice and assistance to the child and
to his or her parents as it thinks fit; and
25 (iii) do any of the things referred to in section 40 (3)
and (4) for those purposes;
and
(c) a Panel is to prepare a written report on the child's
case setting out any advice or assistance given by the
21
School Education Bill 1997
cl. 27
Panel and give a copy of the report to the school's
principal and --
(i) to a parent of the child;
(ii) if the child is a prescribed child, to the child; or
5 (iii) to a person whose details have been provided
under section 16 (1) (b) (ii) (II).
Principal may require non-attendance for health reasons
27. (1) The principal of a school may require that a
student --
10 (a) not attend the school; or
(b) not participate in an educational programme of the
school,
during any day on which the student or any other student at the
school is suffering from a medical condition to which this section
15 applies.
(2) This section applies to a medical condition that, on advice
from the Executive Director of Public Health or a registered
medical practitioner, the principal considers may be infectious,
contagious or otherwise harmful to the health of persons who are
20 at the school or participating in an educational programme of the
school.
(3) A requirement under subsection (1) is to be in writing
given --
(a) to a parent of the student;
25 (b) in the case of a student who has turned 18 or who is a
prescribed child, to the student; or
22
School Education Bill 1997
cl. 28
(c) to a person whose details have been provided under
section 16 (1) (b) (ii) (II).
(4) An adult who is notified of a requirement under
subsection (1) is to ensure that it is complied with by the student.
5 Penalty: $500.
Attendance records
28. (1) A principal of a school must ensure --
(a) that records are kept showing for each day whether a
student --
10 (i) attended, or participated in an educational
programme of, the school; or
(ii) failed to so attend or participate;
and
(b) that particulars so recorded are retained for the period
15 prescribed by the regulations.
(2) The records referred to in subsection (1) --
(a) may be kept in electronic form; but
(b) must be capable of being reproduced in written form.
(3) The duty imposed by subsection (1) (b) extends to the
20 register that was required to be kept by section 33 of the
Education Act 1928.
23
School Education Bill 1997
cl. 29
Employment during school hours
29. (1) A person must not employ or permit to be employed a
child of compulsory school age during the hours when the child is
required to --
5 (a) attend school; or
(b) otherwise participate in an educational programme of
a school.
Penalty: $5 000.
(2) A child is employed within the meaning of subsection (1)
10 if the child is engaged in work for the purpose of gain by a
person even if the child is not paid for the work done.
(3) Subsection (1) does not apply if the employment of the
child --
(a) is authorized by an arrangement under section 24; or
15 (b) is included in the educational programme applicable to
the child and is consistent with the terms and
conditions of the programme.
Division 4 -- Government schools, absence for
special observance
20 Non-attendance for religious or cultural observance
30. (1) A student is excused from --
(a) attendance at a government school at which he or she
is enrolled; or
(b) participation in an educational programme of the
25 school,
24
School Education Bill 1997
cl. 31
on a day, or during a period, that under section 31 is recognized
as having religious or cultural significance for the student or the
student's parents.
(2) Subsection (1) does not apply unless before the day, or
5 the beginning of the period, in question the principal has been
notified that the student will not attend or participate on that
day or during that period.
(3) A notification to a principal under subsection (2) may be
given in any way that is determined by the principal to be
10 acceptable, either generally or in a particular case.
(4) A notification under subsection (2) is to be given --
(a) by a parent of the student;
(b) in the case of a student who has turned 18 or who is a
prescribed child, by the student; or
15 (c) by a person whose details have been provided under
section 16 (1) (b) (ii) (II).
(5) Despite subsections (1) and (2), where it is not
reasonably practicable for a notice to be given under
subsection (2) a student is excused as mentioned in subsection (1)
20 if the notice is given as soon as is reasonably practicable after the
day or the period in question.
(6) In subsection (1) (a) --
``school'' includes any place to which an arrangement
under section 24 relates.
25 Days to which section 30 applies
31. (1) The regulations are to prescribe --
(a) days or periods; or
25
School Education Bill 1997
cl. 32
(b) days on which, or periods during which, specified
events occur,
that are recognized for the purposes of section 30.
(2) The Minister may at the request --
5 (a) of a parent of a student;
(b) in the case of a student who has turned 18 or who is a
prescribed child, of the student, or
(c) of a person whose details have been provided under
section 16 (1) (b) (ii) (II),
10 approve a particular day or period that is not prescribed under
subsection (1) as a recognized day or period for that student.
Division 5 -- Absentee students
Subdivision 1 -- Preliminary
Definitions
15 32. In this Division, unless a contrary intention appears --
``absentee student'' means a child of compulsory school
age who is in breach of section 23;
``school attendance officer'' means an officer designated
as such under section 33;
20 ``School Attendance Panel'' means a School Attendance
Panel under section 39.
26
School Education Bill 1997
cl. 33
Subdivision 2 -- School attendance officers
School attendance officers
33. The Minister may designate as a school attendance
officer --
5 (a) any person who comes within a class of employees
referred to in section 235 (1) (a) or (c);
(b) any person who is employed in the department
principally assisting the Minister in the
administration of Part 4; and
10 (c) a member of the teaching staff of a government or a
non-government school.
Certificate of appointment
34. (1) The Minister is to provide to a person who has been
designated as a school attendance officer a certificate stating that
15 the person has been so designated.
(2) A school attendance officer must produce the certificate
whenever asked to do so by a person in respect of whom he or
she is exercising or about to exercise any power.
(3) A certificate purporting to have been issued under this
20 section is evidence in any proceedings that the person concerned
has been designated under section 33.
(4) A school attendance officer must wear an identification
badge in the prescribed form when exercising any of the powers
of a school attendance officer.
27
School Education Bill 1997
cl. 35
Offence of pretending to be a school attendance officer
35. A person must not pretend to be a school attendance officer
if he or she has not been designated as such under section 33.
Penalty: $5 000 or imprisonment for 6 months.
5 Subdivision 3 -- Powers of school attendance officers
Powers of school attendance officers to inquire
36. (1) A school attendance officer may --
(a) stop and detain a person whom he or she reasonably
believes to be an absentee student; and
10 (b) enter any premises to which the public has access,
without paying the charge, if any, for access to the
premises, for the purpose of checking whether any
absentee student is on the premises.
(2) A person detained under subsection (1) --
15 (a) may be questioned by a school attendance officer as to
whether the person is an absentee student; and
(b) may be required to inform a school attendance officer
of --
(i) his or her full name and address;
20 (ii) his or her age; and
(iii) the name of the school at which he or she is
enrolled.
28
School Education Bill 1997
cl. 37
(3) A person to whom a requirement under subsection (2) is
directed must not --
(a) fail to comply with the requirement; or
(b) in purported compliance give any information that is
5 false or misleading.
Penalty: $200.
Offence of obstructing etc.
37. A person must not resist, hinder or obstruct a school
attendance officer who is exercising or attempting to exercise any
10 power under this Subdivision.
Penalty: $500.
Subdivision 4 -- Dealing with non-attendance and
enforcing attendance
Breaches of section 23
15 38. (1) A parent of a child of compulsory school age must
ensure that section 23 is complied with by the child.
Penalty: $1 000.
Note: The Sentencing Act 1995 provides for sentencing options for an adult.
(2) A child of compulsory school age must comply with
20 section 23.
Penalty: $10.
Note: The Young Offenders Act 1994 provides for how a court is to deal with a
young person who has been found guilty of an offence.
29
School Education Bill 1997
cl. 39
Appointment of School Attendance Panels
39. (1) The Minister may appoint a School Attendance Panel
(``a Panel''), consisting of not less than 3 persons, as he or she
considers necessary for the purposes of this Act.
5 (2) A member of a Panel for a particular case, or class of
cases, is to be a person who has such experience, skills,
attributes or qualifications as the Minister considers appropriate
to that case or class of cases.
(3) At least one person on a Panel must be a parent or
10 community representative.
(4) The Minister is to appoint one of the members of a Panel
to be the chairperson but the appointee is not to be a person
who --
(a) comes within a class of employees referred to in
15 section 235 (1) (a) or (c); or
(b) is employed in the department principally assisting
the Minister in the administration of Part 4.
(5) A Panel cannot deal with the case of a child --
(a) who is enrolled at a government school if a member of
20 the Panel is --
(i) a member of teaching staff of the school; or
(ii) a parent of a child who is enrolled at the school;
or
(b) who is enrolled at a non-government school if a
25 member of the Panel is --
(i) the principal of, or a teacher employed at, the
school; or
(ii) a parent of a child who is enrolled at the school.
30
School Education Bill 1997
cl. 40
(6) The Minister may give directions in writing to a Panel as
to its procedure and a Panel is to give the child whose case is
before the Panel and the child's parents an opportunity to be
heard, but otherwise a Panel may determine its own procedure.
5 (7) Subject to the Minister's directions, the child and parents
referred to in subsection (6) are not to be represented by another
person before the Panel unless the Panel otherwise determines
on the ground that the process will not work effectively without
that representation but nothing in this subsection prevents the
10 child and parents from being accompanied by another person
when appearing before the Panel.
(8) The Minister is to ensure that a Panel is provided with
such support services as it may reasonably require.
(9) The Minister may --
15 (a) direct that the members of a Panel are to be paid
remuneration or allowances or both; and
(b) determine the amount of any such payments on the
recommendation of the Minister for Public Sector
Management.
20 Referral to School Attendance Panel of persistent
breaches of section 23
40. (1) Where a child of compulsory school age enrolled at a
school has been persistently in breach of section 23, the child's
case may be referred to a School Attendance Panel by --
25 (a) the principal of the school;
(b) a school attendance officer; or
(c) the chief executive officer or the chief executive officer
referred to in section 151, as is relevant to the case.
31
School Education Bill 1997
cl. 40
(2) On such a referral a Panel is to --
(a) inquire into the reasons for the child's failure to
comply with section 23 including the social, cultural,
lingual, economic or geographic factors, or learning
5 difficulties, that might be affecting the child's failure
to comply; and
(b) give such advice and assistance to the child and to his
or her parents as it thinks fit.
(3) The chairperson may by notice in writing --
10 (a) request the attendance of a child and his or her
parents at a place and time specified in the notice;
and
(b) request any person to produce at a place and time
specified in the notice any document or record that is
15 in the possession or under the control of that person.
(4) The Panel may --
(a) inspect any document or record produced and retain it
for such reasonable period as it thinks fit, and make
copies of it or any of its contents; and
20 (b) request any person to answer any question put to him
or her.
(5) The Panel is to prepare a written report on the child's
case setting out any advice or assistance given by the Panel,
comments about how the matter had been dealt with and
25 recommendations about how the matter should be dealt with and
give a copy of the report --
(a) to a parent of the child;
(b) if the child is a prescribed child, to the child;
32
School Education Bill 1997
cl. 41
(c) to a person whose details have been provided under
section 16 (1) (b) (ii) (II);
(d) to the school's principal;
(e) if the child is enrolled at a government school, to the
5 chief executive officer;
(f) if the child is enrolled at a non-government school and
on the request of the chief executive officer referred to
in section 151, to that chief executive officer; and
(g) if the child's case was referred to the Panel by a school
10 attendance officer, to the officer.
No prosecution unless non-compliance with advice or
assistance offered by a School Attendance Panel
41. (1) Where a child's case has been referred to a School
Attendance Panel under section 26 or 40 and the Panel has given
15 advice or offered assistance under section 26 (2) (b) or 40 (2) (b),
a complaint of an offence against section 38 is not to be made
unless there has been failure to follow the advice or accept the
assistance.
(2) The fact that a child's case has been referred to a School
20 Attendance Panel does not affect the ability of a person who
could make a complaint against the child for a breach of
section 38 (2) from referring the matter for consideration by a
juvenile justice team under section 27 of the Young Offenders
Act 1994, instead of making a complaint.
25 No prosecution without certificate of Panel or chief
executive officer and report of Panel
42. (1) A complaint of an offence against section 38 (1) or
38 (2) is not to be made in respect of a child unless a certificate
has been given that --
(a) all reasonably practicable steps have been taken to
30
secure compliance with section 23 by the child; but
33
School Education Bill 1997
cl. 42
(b) breaches of the section have continued.
(2) Subject to subsection (3), a certificate under
subsection (1) is to be given either --
(a) by the School Attendance Panel to which the child's
5 case was referred under section 26 or 40; or
(b) by --
(i) the chief executive officer referred to in
section 151 in the case of a child enrolled at a
non-government school; or
10 (ii) the chief executive officer referred to in
section 229 in the case of a child enrolled at a
government school.
(3) If a child is a ward for the purposes of the Child Welfare
Act 1947, a certificate under subsection (1) is to be given by the
15 chief executive officer referred to in section 229 or if the child's
case has been referred to a School Attendance Panel, by both of
the chief executive officer and the Panel.
(4) If a School Attendance Panel gives a certificate under
subsection (1), the Panel is to also prepare a report on --
20 (a) the child's educational background; and
(b) the steps that have been taken to secure compliance
with section 23 by the child.
(5) In any proceedings under section 38 the certificate given
under subsection (1) and, if a report is required under
25 subsection (4), a copy of the report are to be given to the court.
(6) Where in any proceedings a document is produced
purporting to be --
(a) a certificate given under subsection (1); or
34
School Education Bill 1997
cl. 43
(b) a report prepared by a Panel under subsection (4),
the court is to presume, unless the contrary is shown, that the
document is such a certificate or report.
Parent to bring child before court
5 43. (1) In any proceedings for an offence against
section 38 (1) in respect of a child an authorized person may give
a notice to a parent of the child requiring the parent --
(a) to bring the child to the court at a time and place
specified in the notice; and
10 (b) to keep the child in attendance at the court until he or
she is permitted to leave by the court or an authorized
person.
(2) A person to whom a notice is given under subsection (1)
must comply with the notice.
15 Penalty: $500.
(3) In subsection (1) --
``authorized person'' means --
(a) a school attendance officer; or
(b) a person who --
20 (i) comes within a class of employees referred
to in section 235 (1) (a) or (c); or
(ii) is employed in the department principally
assisting the Minister in the administration
of Part 4,
35
School Education Bill 1997
cl. 44
and who is authorized by the Minister for the
purposes of this section.
(4) A certificate that a person has been authorized for the
purposes of this section purporting to have been issued by the
5 Minister is evidence in any proceedings that the person
concerned has been so authorized.
Proof of certain matters
44. In a complaint of an offence against section 38 any of the
following statements in relation to a particular case are to be
10 taken to be proved unless the contrary is shown --
(a) that a child was enrolled at a school on any day or
days;
(b) that on any day or days a school was open for
instruction;
15 (c) that a child enrolled at a school --
(i) did not --
(I) attend the school; or
(II) otherwise participate in an educational
programme of the school,
20 as required by the principal; or
(ii) did not comply with an arrangement under
section 24;
(d) that a person is a parent of a child.
36
School Education Bill 1997
cl. 45
Conduct of prosecutions
45. (1) Prosecutions for offences against section 38 may be
conducted by any person who --
(a) comes within a class of employees referred to in
5 section 235 (1) (a) or (c); or
(b) is employed in the department principally assisting
the Minister in the administration of Part 4,
and who is authorized by the Minister to do so.
(2) Subsection (1) does not limit the ability of a person to
10 make a complaint or conduct the prosecution of an offence if the
person has authority at law to do so.
(3) A certificate purporting to have been issued by the
Minister stating that a person has power under subsection (1) to
conduct prosecutions is evidence in any proceedings that the
15 person has that power.
Division 6 -- Home education
Definition
46. In this Division --
``home educator'' means a parent who is registered under
20 section 48.
Application for registration
47. (1) A parent of a child of compulsory school age who
wishes to be registered as the child's home educator is to apply to
the chief executive officer and provide the following information
25 to the extent that he or she is asked to do so --
(a) the child's date of birth;
37
School Education Bill 1997
cl. 47
(b) the names and usual place of residence of --
(i) the child; and
(ii) the child's parents;
(c) the place at which the educational programme will
5 primarily be delivered if different from the child's
usual place of residence;
(d) where applicable, the name of the school at which the
child is enrolled or was last enrolled; and
(e) any other information prescribed by the regulations.
10 (2) The chief executive officer may require documentary
evidence to be provided in support of any information supplied by
the applicant.
(3) An application may relate to more than one child.
(4) Subject to subsection (5), an application is to be made by
15 the last Friday in February in the first year for which the parent
wishes to be registered as the child's home educator.
(5) If a child is enrolled in a school for a particular year and
a parent of the child wishes to be registered as the child's home
educator in that year, the application is to be made within 14
20 days after the last day on which the child was recorded as --
(a) attending, or participating in an educational
programme of, the school at which the child was
enrolled; or
(b) otherwise complying with section 23.
38
School Education Bill 1997
cl. 48
Registration
48. (1) On receipt of a completed application under
section 47 (1) and the documentary evidence required under
section 47 (2) the chief executive officer is to --
5 (a) register the parent as the child's home educator; and
(b) issue the parent with a certificate of registration.
(2) A child's home educator is responsible for the child's
educational programme from the day set out in the certificate as
the day of registration in respect of the child.
10 (3) The registration of a home educator in respect of a child
has effect indefinitely unless the registration is cancelled under
section 53.
Home educator to inform chief executive officer of certain
matters
15 49. A child's home educator is to inform the chief executive
officer --
(a) of any change to the details provided in the
application under section 47 (1); or
(b) if the child is enrolled at a school,
20 as soon as is practicable after the change or the enrolment.
Home education moderators
50. (1) The chief executive officer --
(a) may appoint persons who have such experience, skills
or qualifications as the chief executive officer
25 considers appropriate to enable them to effectively
39
School Education Bill 1997
cl. 51
evaluate the educational programmes of children
whose education is being provided under this Division
and to evaluate the educational progress of those
children; and
5 (b) is to provide to a person so appointed (a ``home
education moderator'') a certificate stating that the
person is appointed for the purposes of this section.
(2) A home education moderator must produce the certificate
referred to in subsection (1) (b) whenever asked to do so by a
10 person in charge of any premises being visited by the moderator
under an arrangement referred to in section 51.
Evaluation of child's educational programme and progress
51. (1) A child's home educator is to arrange with the chief
executive officer for an evaluation to be made of the child's
15 educational programme and educational progress --
(a) within 3 months of the day of the home educator's
registration in respect of the child; and
(b) at least once in each 12 month period following that
registration.
20 (2) A home educator is to give the chief executive officer at
least 21 days' notice of an evaluation that is required to be made
under subsection (1) (a) or (b).
(3) An evaluation is to be made --
(a) at the time that is agreed between the home educator
25 and the home education moderator; and
(b) at the place that is the usual place for the child's
educational programme to be undertaken unless the
home educator objects, in which case the evaluation is
40
School Education Bill 1997
cl. 52
to be made at the place that is agreed between the
home educator and the home education moderator.
(4) Following an evaluation, the home education moderator
is to prepare a report about the child's educational programme
5 and educational progress and provide a copy of the report to the
home educator and to the chief executive officer.
Chief executive officer may give notice of concern and
require evaluation
52. (1) If the chief executive officer has a concern about a
10 child's educational progress, the chief executive officer may --
(a) give the child's home educator written notice of the
concern and the reasons for the concern; and
(b) arrange for an evaluation to be made on 7 days' notice
to the home educator for the purpose of ascertaining
15 whether the concern has been adequately addressed.
(2) An evaluation under subsection (1) is to be made --
(a) within the notice period or as soon as possible after
the expiry of the notice period, but otherwise at the
time that is agreed between the home educator and
20 the home education moderator; and
(b) at the place that is the usual place for the child's
educational programme to be undertaken unless the
home educator objects, in which case the evaluation is
to be made at the place that is agreed between the
25 home educator and the home education moderator.
(3) Following an evaluation under subsection (1), the home
education moderator is to prepare a report about whether the
concern has been adequately addressed and provide a copy of the
report to the home educator and to the chief executive officer.
41
School Education Bill 1997
cl. 53
Cancellation of registration
53. (1) The chief executive officer may cancel a home
educator's registration under section 48 in respect of a child if --
(a) in the opinion of the chief executive officer, the child's
5 educational progress is not satisfactory;
(b) the home educator has not arranged an evaluation
required under section 51 (1) (a) or (b) in respect of
the child;
(c) the home educator does not agree to an evaluation
10 required under section 52 (1) (b) in respect of the child
from occurring in accordance with section 52 (2);
(d) a home education moderator has been hindered or
obstructed in an evaluation required under
section 51 (1) (a) or (b) or section 52 (1) (b); or
15 (e) the home educator has not complied with section 49 in
respect of the child.
(2) Before deciding under subsection (1) (a) that a child's
educational progress is not satisfactory the chief executive officer
may take into account --
20 (a) whether the child's educational progress is in
accordance with --
(i) the curriculum framework under the Curriculum
Council Act 1997; or
(ii) any condition to which an exemption under
25 section 11 of that Act is subject;
(b) the effect of the physical learning environment on the
child's educational progress;
(c) any other matter which, in the opinion of the chief
executive officer, is relevant to the child's education.
42
School Education Bill 1997
cl. 54
(3) If the chief executive officer decides to cancel a home
educator's registration the chief executive officer is to give
written notice to the home educator of the decision and written
reasons for the decision.
5 (4) The notice must set out a cancellation period that is --
(a) at least until 1 January in the year following the year
in which the cancellation takes effect; and
(b) not longer than 12 months from the day on which the
cancellation takes effect.
10 (5) A decision that a home educator's registration be
cancelled is not to be given effect to --
(a) until the time for applying under section 54 (1) has
passed; and
(b) if an application is made under section 54 (1), until it
15 has been determined.
Review of decision to cancel registration
54. (1) A child's home educator may apply in writing to the
Minister for a review of the chief executive officer's decision to
cancel the home educator's registration in respect of the child.
20 (2) The application is to be made within 14 days after the
applicant received written notice of the decision.
(3) Where an application is made under subsection (1), the
Minister is to refer the matter to a Home Education Advisory
Panel which is to examine the matter and report to the Minister
25 with its recommendation.
(4) A Home Education Advisory Panel is to give the
applicant the opportunity to be heard.
43
School Education Bill 1997
cl. 54
(5) The Minister is to give a copy of the report of the Home
Education Advisory Panel to the applicant.
(6) The Minister after considering the report may confirm,
vary or reverse the chief executive officer's decision and is to give
5 written notice to the applicant of the Minister's decision and
written reasons for that decision.
(7) In this section --
``Home Education Advisory Panel'' means an advisory
panel under section 241 established for the purposes
10 of subsection (3) of this section.
44
School Education Bill 1997
cl. 54
PART 3 -- GOVERNMENT SCHOOLS
What this Part is about
This Part enacts provisions that apply only to government schools.
In particular it deals with --
5 the establishment, closure and amalgamation of government
schools, and the designation of schools in some areas as
being primarily for the enrolment of students in that area
(Division 1);
the functions of the chief executive officer of the department
10 responsible for government schools and of principals and
teachers in those schools (Division 2);
the curriculum in government schools, the provision of
special religious education, and conscientious objection to
instruction in particular subjects (Division 3);
15 entitlement to enrol at government schools, changing
inappropriate enrolments, and the resolution of disputed
issues about enrolment (Division 4);
the suspension and exclusion of students from government
schools for breaches of school discipline (Division 5);
20 restrictions on the imposition of fees and charges in
government schools, and provisions for the management of
school funds (Division 6);
miscellaneous management provisions relating to the
operation of government schools and the control of school
25 premises (Division 7);
provisions as to the establishment and operation of School
Councils and relating to Parents and Citizens' Associations
for government schools (Division 8).
45
School Education Bill 1997
cl. 55
Division 1 -- Establishment, closure etc.
Establishment
55. (1) The Minister may establish such government schools
as the Minister considers necessary for the provision of public
5 education.
(2) The Minister may --
(a) assign a name and classification to; and
(b) change the name or classification of,
a government school.
10 Closure and amalgamation
56. (1) The Minister may on such terms and conditions as he
or she thinks fit --
(a) amalgamate 2 or more government schools; and
(b) close any government school either temporarily or
15 permanently.
(2) The powers conferred by subsection (1) may be exercised
in respect of part of a government school.
(3) If the Minister is satisfied that a government school is
regularly attended by less than the prescribed number of
20 students the Minister is to either --
(a) change the classification of the school under
section 55 (2); or
(b) take action under subsection (1) in relation to the
school.
46
School Education Bill 1997
cl. 57
(4) Subsection (3) does not apply where the Minister
determines that there are significant educational, economic or
social reasons for not complying with that subsection.
Consultation
5 57. (1) If the Minister proposes to amalgamate 2 or more
government schools or to close any government school
permanently, the Minister is to consult with --
(a) the parents of the students who are enrolled at the
school or schools affected by the proposal, in relation
10 to the matters referred to in subsection (2);
(b) the Council of each school affected by the proposal, in
relation to the matters referred to in subsection (2);
and
(c) each Parents and Citizens' Association formed under
15 section 142 which would be wound up as an effect of
the proposal, in relation to the disposal of property
acquired by the association.
(2) The matters for consultation under subsections (1) (a)
and (b) are --
20 (a) alternative arrangements for the enrolment of
students who are affected by the proposal and the
appropriateness of the arrangements;
(b) the provision of educational programmes for the
students who are affected by the proposal;
25 (c) the disbursement of any assets realized as a result of
the proposal; and
(d) any other relevant matter.
47
School Education Bill 1997
cl. 58
(3) The Minister may consult for the purposes of this section
in any way that he or she thinks appropriate, and the Minister's
decision on the manner of consultation is not liable to be
challenged, reviewed or called in question by a court.
5 Permanent closure, notice of proposal to be given
58. (1) If the Minister proposes to permanently close a
government school under section 56 the Minister is to publish
notice of the proposal in the Government Gazette.
(2) If a notice is published under subsection (1) in respect of
10 a school, the school cannot be closed unless the consultation
required by section 57 occurs after the notice was published
and --
(a) a period of 12 months has expired since the notice was
published; or
15 (b) the Minister is sooner satisfied that --
(i) a majority of the parents of students enrolled at
the school wish the school to be closed; or
(ii) there are exceptional circumstances which justify
closure,
20 before the period of 12 months expires.
Permanent closure, when notice of proposal not required
59. The Minister may by order published in the Government
Gazette permanently close a government school under section 56,
without complying with section 57 or 58, if he or she is of the
25 opinion that the safety or welfare of teachers or students at the
school may be at risk if the school is not closed as soon as
possible.
48
School Education Bill 1997
cl. 60
Local-intake schools
60. (1) The chief executive officer may by order published in
the Government Gazette --
(a) declare any government school to be a local-intake
5 school; and
(b) define the area from which the school is to have its
intake of students.
(2) An order under subsection (1) may be revoked or
amended by the chief executive officer by further order published
10 in the Government Gazette.
(3) The chief executive officer is to publish in the
Government Gazette for information during the last quarter of
each year --
(a) a list of local-intake schools; and
15 (b) a list of schools that have not been declared to be
local-intake schools,
as at a specified day.
Division 2 -- Functions of chief executive officer, principals
and teachers
20 Functions of chief executive officer
61. (1) The chief executive officer is responsible for
determining, implementing and monitoring --
(a) the standard of educational instruction in government
schools; and
25 (b) the standard of care provided to students in those
schools.
49
School Education Bill 1997
cl. 62
(2) The functions described in subsection (1) --
(a) do not affect any other function --
(i) given to the chief executive officer by this Act; or
(ii) delegated to the chief executive officer by the
5 Minister under section 224;
(b) have effect subject to this Act; and
(c) are in addition to the functions given by section 29 (1)
of the Public Sector Management Act 1994.
(3) The chief executive officer has powers necessary or
10 convenient for the performance of the functions described in
subsection (1).
Principal
62. (1) Every government school is to have a principal, that is
a person appointed under section 236 (2) to be in charge of the
15 school.
(2) Except with the approval of the Minister, a person is not
to be so appointed unless he or she is classified as a school
administrator under section 237.
(3) Subsection (2) does not apply to a temporary or acting
20 appointment.
(4) Nothing in subsection (2) prevents a person from being
appointed as a principal and being classified as a school
administrator at the same time.
50
School Education Bill 1997
cl. 63
Functions of principal
63. (1) The functions of the principal of a government school
are --
(a) to provide educational leadership in the school;
5 (b) to have responsibility for the day to day management
and control of the school, including all persons on the
school premises;
(c) to ensure the safety and welfare of students --
(i) on the school premises; and
10 (ii) away from the school premises but on school
activities,
so far as that can reasonably be done;
(d) to see that instruction provided in the school is in
accordance with the requirements of --
15 (i) the Curriculum Council Act 1997; and
(ii) any determination under section 67;
(e) to establish a plan for the school in consultation with
the Council and the school's teaching staff setting out
its objectives and how the objectives and priorities will
20 be achieved;
(f) in consultation with the Council and the school's
teaching staff to monitor and report on the school's
performance in relation to the plan referred to in
paragraph (e);
25 (g) to promote cooperation with the local community;
(h) to encourage innovation in educational practice; and
51
School Education Bill 1997
cl. 64
(i) to perform any other prescribed function assigned to
the principal by the chief executive officer.
(2) The principal of a government school has the powers
necessary for the performance of his or her functions.
5 (3) The functions set out in subsection (1) --
(a) do not affect any other function given or delegated to a
principal by or under this Act; and
(b) have effect --
(i) within the limits of the powers vested in the
10 principal; and
(ii) subject to this Act and the direction and control
of the chief executive officer.
Functions of teachers
64. (1) The functions of a teacher in a government school
15 are --
(a) to foster and facilitate learning in students;
(b) to give competent instruction to students in
accordance with --
(i) the curriculum;
20 (ii) standards determined by the chief executive
officer; and
(iii) the school's plan referred to in section 63 (1) (e),
and to undertake the preparation necessary to do so;
(c) to undertake regular evaluation and reporting of the
25 progress of students within the terms of the school
plan referred to in section 63 (1) (e);
52
School Education Bill 1997
cl. 65
(d) to be answerable to the principal for the educational
achievement of students under his or her instruction;
(e) to supervise students and to maintain proper order
and discipline on their part;
5 (f) to carry out administrative duties to meet
organizational requirements relevant to the teacher's
functions; and
(g) to perform any other prescribed function assigned by
the chief executive officer.
10 (2) The functions set out in subsection (1) have effect subject
to --
(a) this Act;
(b) the instructions of the chief executive officer; and
(c) the direction and control of the principal.
15 Functions not to be inconsistent with certain industrial
arrangements
65. Nothing in section 63 (1) (i) or 64 (1) (g) or section 64 (2) (b)
or (c) enables the chief executive officer or a principal to assign a
function or give an instruction or direction that is inconsistent
20 with a term or condition of service referred to in section 236 (3).
Division 3 -- Educational instruction
Definitions
66. In this Division --
``general religious education'' means education about the
25 major forms of religious thought and expression
53
School Education Bill 1997
cl. 67
characteristic of Australian society and other societies
in the world;
``special religious education'' means education provided
by churches and other religious groups and based on
5 distinctive religious tenets and beliefs.
Curriculum
67. The curriculum in a government school is to be determined
by the chief executive officer, but any determination is to be
made in accordance with the requirements of the Curriculum
10 Council Act 1997.
Curriculum not to promote certain subject-matter
68. (1) The curriculum and teaching in government schools is
not to promote --
(a) any particular religious practice, denomination or sect;
15 (b) any particular political party;
(c) any commercial goods, product or service; or
(d) the case of a party to an industrial dispute.
(2) Subsection (1) (a) is not to be read as preventing --
(a) the inclusion of general religious education in the
20 curriculum of a school; or
(b) prayers, songs and other material based on religious,
spiritual or moral values being used in a school
activity as part of general religious education.
54
School Education Bill 1997
cl. 69
Special religious education
69. (1) Special religious education may be provided to
students in government schools in accordance with provisions
made by the regulations.
5 (2) Subject to the regulations, the principal of a government
school may allow time for the special religious education of
students in the school, but the total number of hours so allowed
in a school year is not to exceed 40.
(3) Provision made by the regulations for the purposes of
10 this section may authorize the chief executive officer to approve
persons as being authorized to give special religious education in
government schools.
Consultation with Council
70. If a school has a Council the principal is to consult the
15 Council on --
(a) a general policy concerning the use in school activities
of prayers, songs and material referred to in
section 68 (2) (b); and
(b) the implementation of section 69 (2).
20 Parent may withdraw child from special religious
instruction etc.
71. (1) A parent of a child at a government school may notify
the principal in writing that the child is not to --
(a) receive any special religious education; or
25 (b) attend that part of a school activity at which material
referred to in section 68 (2) (b) is used.
55
School Education Bill 1997
cl. 72
(2) A principal to whom such a notice is given must take all
reasonable steps to see that the parent's wishes are complied
with.
Principal may exempt child from particular classes
5 72. (1) A parent of a child at a government school may in
writing request the principal to grant an exemption for the child
from attendance at classes at which a particular part of a course
of study is taught.
(2) Where such a request is made the principal may grant
10 an exemption in terms of subsection (1) if the principal is
satisfied that the request --
(a) is made on the grounds of conscientious objection; and
(b) satisfies any requirements contained in the CEO's
Instructions under section 233 in respect of the
15 granting of exemptions under this section.
(3) An exemption under this section --
(a) may be granted subject to conditions; and
(b) may be revoked if any condition is not observed.
Educational programme for children with a disability
20 73. (1) Where a child with a disability is enrolled at a
government school, the principal is to --
(a) consult with the child's parents, any of the child's
teachers or prospective teachers and, if appropriate,
the child; and
25 (b) take into account the wishes of the child's parents
and, if appropriate, the child,
56
School Education Bill 1997
cl. 74
for the purpose of addressing or reviewing the particular child's
requirements in relation to the content and implementation of
the educational programme for the child.
(2) The content and implementation of the educational
5 programme for a child with a disability is to be decided by the
principal subject to the direction and control of the chief
executive officer.
Division 4 -- Enrolment
Application for enrolment
10 74. (1) A person who wishes to enrol a child at a government
school is to lodge a completed application for enrolment with the
principal of a government school at which the child is eligible to
be enrolled under this Division.
(2) In subsection (1) --
15 ``person'', in relation to a child, means --
(a) a parent of the child;
(b) if the child is a prescribed child, the child; or
(c) a person whose details have been provided under
section 16 (1) (b) (ii) (II).
20 (3) A person who has turned 18 who wishes to enrol at a
government school is to lodge a completed application for
enrolment with the principal of a government school for which an
approval has been given to the person under section 81.
(4) The application is to be made in a form approved by the
25 chief executive officer.
(5) A person cannot be required to provide information under
this section unless the information is prescribed under section 16.
57
School Education Bill 1997
cl. 75
Enrolment
75. (1) The principal of a government school is to enrol a
child at the school if --
(a) an application is duly made under section 74; and
5 (b) the child is entitled under this Division to be enrolled
at the school.
(2) Subsection (1) does not apply if the principal is satisfied
that --
(a) the child is already enrolled at a school; and
10 (b) the period of attendance at the school to which the
application relates is likely to be less than 4 weeks.
(3) In this section and in section 76 --
``child'' includes a person referred to in section 74 (3).
General residential qualification
15 76. (1) A child is not entitled to be enrolled at a government
school unless --
(a) the usual place of residence of the child is in the
State; and
(b) the child is entitled to reside permanently in
20 Australia.
(2) A child who does not come within subsection (1) is
entitled to be enrolled at a government school if he or she
satisfies the criteria (if any) prescribed by the regulations for the
purposes of this subsection.
58
School Education Bill 1997
cl. 77
Enrolment of children below compulsory school age
77. A child is entitled to be enrolled at a particular government
school for each year in which the child's pre-compulsory
education period falls if --
5 (a) there is available for the child at that school --
(i) an appropriate educational programme; and
(ii) classroom accommodation;
and
(b) the enrolment would conform with other criteria
10 prescribed by the regulations for the purposes of this
section.
Enrolment of children of compulsory school age at local-
intake school
78. (1) A child of compulsory school age is entitled to be
15 enrolled at a local-intake school if --
(a) his or her usual place of residence is in the intake
area for that school; and
(b) an appropriate educational programme is available for
the child at that school.
20 (2) A child of compulsory school age whose usual place of
residence is not in the intake area for a local-intake school is
entitled to be enrolled at that school if --
(a) there is available for the child at that school --
(i) an appropriate educational programme; and
25 (ii) classroom accommodation;
and
59
School Education Bill 1997
cl. 79
(b) the enrolment would conform with any other criteria
prescribed by the regulations for the purposes of this
subsection.
Enrolment of children of compulsory school age at other
5 schools
79. (1) Subject to subsection (2), a child of compulsory school
age is entitled to be enrolled at a particular government school
that is not a local-intake school if --
(a) there is available for the child at the school --
10 (i) an appropriate educational programme; and
(ii) classroom accommodation;
and
(b) the enrolment would conform with any other criteria
prescribed by the regulations for the purposes of this
15 section.
(2) If the number of children referred to in subsection (1)
applying for enrolment at a particular government school that is
not a local-intake school exceeds the number of available places
at the school, priority for enrolment is to be given to the child
20 who lives nearest the school.
Enrolment of children in post-compulsory education
period
80. (1) Subject to subsection (2), a child whose post-
compulsory education period falls in a year is entitled to be
25 enrolled at a particular government school for that year if --
(a) there is available for the child at that school --
(i) an appropriate educational programme; and
60
School Education Bill 1997
cl. 81
(ii) classroom accommodation;
and
(b) the enrolment would conform with other criteria
prescribed by the regulations for the purposes of this
5 section.
(2) If the number of children referred to in subsection (1)
applying for enrolment at a particular government school that is
not a local-intake school exceeds the number of available places
at the school, priority for enrolment is to be given to the child
10 who lives nearest the school.
Enrolment of persons beyond their post-compulsory
education period
81. (1) A person whose post-compulsory education period has
ended before the beginning of a year may only be enrolled at a
15 government school for that year with the approval of the chief
executive officer.
(2) An approval under subsection (1) --
(a) must be granted in accordance with any matter that is
prescribed by the regulations for the purposes of this
20 subsection; and
(b) may be granted subject to compliance with any
condition that is prescribed by the regulations for the
purposes of this subsection.
Issues arising on certain applications under this Division
25 for enrolment
82. (1) This section applies to a child in respect of whom an
application for enrolment has been made under section 74 but
who has not been enrolled in accordance with the application.
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School Education Bill 1997
cl. 82
(2) If in relation to a child any question arises under
section 76, 77, 78, 79 or 80 as to whether --
(a) the usual place of residence of the child is or is not --
(i) in the State; or
5 (ii) in a particular intake area;
(b) an educational programme is available or is
appropriate for the child;
(c) classroom accommodation is available; or
(d) any other prescribed criterion is satisfied,
10 the issue in dispute is to be decided by the chief executive officer.
(3) Where the chief executive officer decides that --
(a) the usual place of residence of the child is not in an
intake area for a school;
(b) an educational programme at a school is not available
15 or is not appropriate for the child;
(c) classroom accommodation is not available at the
school for the child; or
(d) any other prescribed criterion is not satisfied in
relation to the child,
20 the chief executive officer is to determine at which other
government school (or schools if a choice is given) the child may
be enrolled.
(4) The chief executive officer may make an interim decision
on an issue in dispute pending the making of a final decision,
25 and effect is to be given to the interim decision.
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School Education Bill 1997
cl. 83
Cancellation where enrolment found to be inappropriate
83. (1) This section applies to a child who is enrolled at a
government school.
(2) If in the opinion of the chief executive officer a child's
5 enrolment should not continue because --
(a) the child's usual place of residence has changed to a
place that was not in the intake area for the school at
the time of the child's enrolment at the school; or
(b) an appropriate educational programme can no longer
10 be provided at the school for the child,
the chief executive officer may --
(c) cancel the enrolment; and
(d) determine at which other government school (or
schools if a choice is given) the child may be enrolled.
15 (3) The chief executive officer is not to cancel an enrolment
under subsection (2) without first --
(a) giving notice of the proposed cancellation, and of the
reasons for it --
(i) to a parent of the child;
20 (ii) if the child is a prescribed child, to the child; or
(iii) to a person whose details have been provided
under section 16 (1) (b) (ii) (II);
and
(b) giving him or her a reasonable opportunity to show
25 why the enrolment should not be cancelled.
(4) Subject to subsection (3), the chief executive officer is to
give written notice of the cancellation to the person notified
under subsection (3) (a).
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School Education Bill 1997
cl. 84
(5) The cancellation takes effect at such time as is specified
in the notice given under subsection (3) unless section 86 (3)
applies.
Matters to be considered under sections 82 and 83 about
5 educational programme
84. In determining under section 82 whether an educational
programme at a school is available or is appropriate for a child or
under section 83 whether an appropriate educational programme
can no longer be provided at a school for a child, the chief
10 executive officer is to take into account --
(a) the nature of the benefit or detriment likely to accrue
to, or be suffered by, the child and all other persons
concerned;
(b) any additional cost involved in providing the
15 programme for the child; and
(c) the effect of the child's --
(i) behaviour; or
(ii) disability or other condition, if any,
on the child's participation in the programme.
20 Chief executive officer may refer to advisory panel
85. Without limiting the chief executive officer's ability to
obtain advice or information, he or she may obtain advice from
an advisory panel under section 241 for the purposes of any
decision required to be made under section 82 or 83.
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School Education Bill 1997
cl. 86
Decisions under sections 82 and 83 relating to children
with a disability
86. (1) Before deciding under section 82 whether an
educational programme at a school is available or is appropriate
5 for a child with a disability, or under section 83 whether an
appropriate educational programme can no longer be provided at
a school for a child with a disability, the chief executive officer is
to --
(a) consult with the child's parents; and
10 (b) take into account the wishes of the child's parents, in
addition to the matters specified in section 84.
(2) If the chief executive officer decides --
(a) under section 82 that an educational programme at a
school is not available or is not appropriate for a child
15 with a disability; or
(b) under section 83 that an appropriate educational
programme can no longer be provided at a school for a
child with a disability,
the chief executive officer is to give written notice to a parent of
20 the child of the decision and written reasons for the decision.
(3) A decision referred to in subsection (2) is not to be given
effect to --
(a) until the time for applying under subsection (4) has
passed; and
25 (b) if an application is made, until it has been
determined,
and a child's enrolment at a school is to continue until a decision
referred to in subsection (2) (b) takes effect.
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(4) A parent of the child may apply in writing to the chief
executive officer for a review of a decision referred to in
subsection (2).
(5) The application is to be made within 28 days after the
5 applicant received written notice of the decision.
(6) Within 90 days of the chief executive officer receiving an
application made under subsection (4) --
(a) the chief executive officer is to refer the matter to a
Disabilities Advisory Panel under section 87; and
10 (b) the Panel is to examine the matter and report to the
chief executive officer with its recommendation.
(7) The chief executive officer is to provide the Disabilities
Advisory Panel with any information or material relating to the
child's enrolment that is requested by the Panel and that is in
15 the possession or control of the chief executive officer.
(8) The chief executive officer is, within 21 days after
receiving the report, to give the applicant a copy of the report of
the Disabilities Advisory Panel.
(9) The chief executive officer after considering the report
20 may confirm, vary or reverse the decision and, within 21 days
after receiving the report, is to give written notice to the
applicant of the subsequent decision and written reasons for that
decision.
Disabilities Advisory Panels
25 87. (1) The Minister is to appoint a Disabilities Advisory
Panel (``a Panel''), consisting of not less than 3 persons,
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School Education Bill 1997
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whenever it is necessary for the purposes of section 86 (6) or
92 (2) (b).
(2) A member of a Panel for a particular matter is to be a
person --
5 (a) who has such experience, skills, attributes or
qualifications as the Minister considers appropriate to
the case of the child to whom the matter relates;
(b) who is not an employee within a class referred to in
section 235 (1); and
10 (c) who is not a parent of a child at a school to which the
matter relates.
(3) The Minister is to appoint one of the members of a Panel
to be the chairperson.
(4) The Minister may give directions in writing to a Panel as
15 to its procedure and a Panel is to give the applicant an
opportunity to be heard, but otherwise a Panel may determine its
own procedure.
(5) Subject to the Minister's directions, the applicant is not
to be represented by another person before the Panel unless the
20 Panel otherwise determines on the ground that the process will
not work effectively without that representation but nothing in
this subsection prevents the applicant from being accompanied by
another person when appearing before the Panel.
(6) The chief executive officer is to provide a Panel with such
25 support services as it may reasonably require.
(7) The Minister may --
(a) direct that the members of a Panel are to be paid
remuneration or allowances or both; and
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(b) determine the amount of any such payments on the
recommendation of the Minister for Public Sector
Management.
Division 5 -- Suspension and exclusion
5 Definition
88. In this Division --
(a) references to attendance in relation to a school include
participation in an educational programme of the
school; and
10 (b) references to an educational programme include an
arrangement to which section 24 applies.
Breach of school discipline
89. For the purposes of this Division a breach of school
discipline is any act or omission that impairs the good order and
15 proper management of the school.
Suspension for breach of school discipline
90. (1) The principal of a government school may wholly or
partially suspend from attendance at the school a student who, in
the principal's opinion, has committed a breach of school
20 discipline but the principal cannot suspend a student for longer
than the period prescribed by the regulations.
(2) The power conferred by subsection (1) is to be exercised
in accordance with the regulations.
(3) Regulations under subsection (2) are to provide for the
25 educational instruction to be given to a suspended student.
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(4) The power conferred by subsection (1) may be exercised
by a person who, or a person in a class of persons which, is
authorized by the principal of the school to exercise the power if
the principal is absent from duty or is otherwise unable to
5 exercise the power.
Grounds for exclusion from the school
91. For the purposes of this Division a student may be excluded
from attendance at a government school if --
(a) he or she has committed a breach of school discipline
10 in circumstances that --
(i) have adversely affected or threaten the safety of
any person who is on the school premises or
participating in an educational programme of the
school; or
15 (ii) have caused or are likely to result in damage to
property;
or
(b) his or her behaviour has disrupted the educational
instruction of other students.
20 Chief executive officer may exclude from attendance at
school
92. (1) If the principal of a government school is of the
opinion that there are grounds under section 91 for the exclusion
of a student from attendance at the school, the principal may --
25 (a) recommend to the chief executive officer that the chief
executive officer exercise his or her powers under
section 94; and
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School Education Bill 1997
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(b) put before the chief executive officer such information
as the principal thinks appropriate.
(2) Upon making a recommendation to the chief executive
officer, the principal is to notify the student and a parent of the
5 student that the recommendation has been made and provide the
parent with the reasons why the recommendation has been
made.
(3) The chief executive officer is to refer the recommendation
and other information --
10 (a) to a School Discipline Advisory Panel under
section 93; or
(b) in the case of a child with a disability who is the
subject of a recommendation for exclusion on grounds
under section 91 (b), to a Disability Advisory Panel
15 under section 87,
which is to examine the matter and report to the chief executive
officer, setting out comments about how the matter had been
dealt with and recommendations about how the matter should be
dealt with.
20 (4) A reference in section 87 to the applicant is to be treated,
for the purposes of subsection (3) (b), as a reference to a parent of
the child with a disability.
(5) In its examination under subsection (3) in relation to a
student other than a child to whom subsection (3)(b) applies, a
25 Panel is to have regard to the social, cultural, lingual, economic
or geographic factors, or learning difficulties, that might be
relevant to the breach of school discipline or behaviour that is the
subject of the recommendation.
(6) On receipt of the report the chief executive officer may,
30 having regard to --
(a) the material referred to in subsections (1) and (3); and
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School Education Bill 1997
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(b) any other information before the chief executive
officer,
make an order under section 94 if he or she is satisfied that the
student may be excluded in terms of section 91.
5 School Discipline Advisory Panels
93. (1) The Minister is to appoint a School Discipline
Advisory Panel (``a Panel''), consisting of not less than 3 persons,
whenever it is necessary for the purposes of section 92 (3) (a).
(2) The members of a Panel for a particular case --
10 (a) are to be persons who have such experience, skills,
attributes or qualifications as the Minister considers
appropriate to that case; and
(b) are to include at least one person who is not an
employee within a class referred to in section 235 (1).
15 (3) At least one person on a Panel must be a parent or
community representative.
(4) The Minister is to appoint one of the members of a Panel
to be the chairperson but the appointee is not to be an employee
within a class referred to in section 235 (1).
20 (5) A Panel cannot deal with the case of a child if a member
of the Panel is --
(a) a member of the teaching staff of the school at which
the child is enrolled; or
(b) a parent of a child who is enrolled at the school at
25 which the child is enrolled.
(6) The Minister may give directions in writing to a Panel as
to its procedure and a Panel is to give the child whose case is
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School Education Bill 1997
cl. 94
before the Panel, the child's parents and the school's principal an
opportunity to be heard, but otherwise a Panel may determine its
own procedure.
(7) Subject to the Minister's directions, the child and parents
5 referred to in subsection (6) are not to be represented by another
person before the Panel unless the Panel otherwise determines
on the ground that the process will not work effectively without
that representation but nothing in this subsection prevents the
child and parents from being accompanied by another person
10 when appearing before the Panel.
(8) The chief executive officer is to provide a Panel with such
support services as it may reasonably require.
(9) The Minister may --
(a) direct that the members of a Panel (other than an
15 employee as defined in section 3 (1) of the Public
Sector Management Act 1994) are to be paid
remuneration or allowances or both; and
(b) determine the amount of any such payments on the
recommendation of the Minister for Public Sector
20 Management.
Orders that may be made
94. (1) The orders that may be made by the chief executive
officer are --
(a) an order excluding the student from normal
25 attendance at the school but directing him or her to
attend the school for the purposes specified in the
order;
(b) an order completely excluding the student from
attending the school;
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School Education Bill 1997
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(c) an order directing the student to attend a specified
government school or to participate in a specified
educational programme;
(d) an order determining the educational instruction that
5 the student is to be given,
or a combination of 2 or more of those orders.
(2) If an order is made under subsection (1) (a), (b) or (c) the
chief executive officer is to consider making, and if necessary
make, an order under subsection (1) (d) in conjunction with the
10 other order.
(3) An order under subsection (1) --
(a) may be expressed to have effect for a specified period;
and
(b) may at any time be revoked or amended by further
15 order made by the chief executive officer.
Principal may exclude students above compulsory age
95. (1) The principal of a government school may exclude
from attendance at the school --
(a) a student who is enrolled under section 80 or 81 if --
20 (i) the student's attendance at the school is not
satisfactory;
(ii) the student is not participating in the
educational programme of the school in a way
that is of benefit to his or her educational
25 progress; or
(iii) the student has failed to comply with a
requirement of any applicable code of conduct for
students at the school;
and
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School Education Bill 1997
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(b) a student who is enrolled under section 81 if he or she
has failed to comply with any condition imposed by
the chief executive officer under that section.
(2) The powers in this section are in addition to the other
5 powers conferred by this Division.
Review of decisions under section 95
96. (1) A student who is excluded from attendance at a school
under section 95 may apply in writing to the chief executive
officer for a review of the decision.
10 (2) A review is limited to determining whether fair and
proper procedures were followed by the principal in making the
decision.
(3) The application is to be made within 7 days after the
student received notice in writing of the decision.
15 (4) Within 28 days of the chief executive officer receiving an
application made under subsection (1) --
(a) the chief executive officer is to refer the matter to a
School Discipline Advisory Panel under section 93;
and
20 (b) the Panel is to examine the matter and report to the
chief executive officer with its recommendation.
(5) The chief executive officer is to provide the School
Discipline Advisory Panel with any information or material
relating to the application that is requested by the Panel and
25 that is in the possession or control of the chief executive officer.
(6) The chief executive officer after considering the report
and reviewing the decision in terms of subsection (2), may
confirm, vary or reverse the decision and, within 14 days after
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School Education Bill 1997
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receiving the report, is to give the applicant notice of that
decision.
Division 6 -- Financial provisions
Subdivision 1 -- Fees for instruction, charges, contributions and
5 costs
Definitions
97. In this Subdivision --
``adult student'' means a person who enrols at a
government school in a year and whose
10 post-compulsory education period has ended before
January in that year;
``contribution'' means voluntary contribution;
``extra cost optional component'' means an optional
component of a government school's educational
15 programme having a cost that is not incorporated into
the determination of the school's charges or
contributions under section 99 --
(a) because of the high cost associated with the
provision of that optional component before the
20 end of a child's compulsory education period; or
(b) because the component is in respect of a person's
post-compulsory education period;
``first charges payment year'' in relation to a student --
(a) until 31 December 2010, means the first
25 calendar year in which the student had reached
12 years of age by the beginning of the year; and
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School Education Bill 1997
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(b) on and from January 2011, means the first
calendar year in which the student had reached
12 years and 6 months of age by the beginning of
the year;
5 ``overseas student'' means a person who enrols at a
government school and who --
(a) is not entitled to reside permanently in
Australia; and
(b) satisfies the criteria (if any) prescribed by the
10 regulations for the purposes of this Subdivision.
Limitation on matters for which fees for instruction and
charges may be imposed
98. (1) No fee for instruction may be imposed in respect of a
student for the provision of --
15 (a) a non-optional component of an educational
programme at a government school; or
(b) an optional component of an educational programme
at a government school if the instruction is provided
by a member of the teaching staff,
20 unless the student is an overseas student or an adult student.
(2) A contribution must not be sought towards a fee referred
to in subsection (1) and any agreement entered into for the
payment of a fee referred to in subsection (1) has no effect.
(3) No charge may be imposed in respect of a student for --
25 (a) materials provided in a non-optional component of an
educational programme of a government school; or
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School Education Bill 1997
cl. 99
(b) services or facilities for use in, or associated with the
provision of, a non-optional component of an
educational programme of a government school,
before the student's first charges payment year unless the
5 student is an overseas student.
(4) A contribution determined in accordance with section 99
may be sought for the costs of the materials, services or facilities
referred to in subsection (3).
Charges and contributions for the provision of certain
10 materials, services and facilities
99. (1) Subject to subsection (2), regulations may be made
providing for charges or contributions that may be made for --
(a) materials provided in --
(i) a non-optional component of an educational
15 programme of a government school; or
(ii) an optional component of an educational
programme of a government school that is not an
extra cost optional component;
or
20 (b) services or facilities for use in, or associated with the
provision of --
(i) a non-optional component of an educational
programme of a government school; or
(ii) an optional component of an educational
25 programme of a government school that is not an
extra cost optional component.
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School Education Bill 1997
cl. 99
(2) Regulations cannot be made providing for charges or
contributions for the purchase, maintenance or replacement of
equipment, furniture and fittings provided for the purposes of a
government school.
5 (3) The principal of a government school may from time to
time determine a charge or contribution --
(a) if the charge or contribution is of a kind prescribed by
the regulations as able to be charged or be a
contribution for the purposes of this section; and
10 (b) not exceeding any limit prescribed by the regulations.
(4) If the school has a Council a determination under
subsection (3) does not have effect unless it has been approved by
the Council.
(5) All charges or contributions for a school year must be
15 determined under subsection (3) and approved under subsection
(4) not later than 2 months before the beginning of the school
year.
(6) The principal is to take reasonable steps to notify the
persons --
20 (a) from whom may be recovered under section 106(1) the
charges that are payable under this section for a
school year, of those charges; and
(b) from whom a contribution may be sought, of the
amount to be sought by way of contribution.
25 (7) Notification under subsection (6) must be given not later
than 2 months before the beginning of the school year but the
validity of a determination is not affected by the failure of a
person to receive notice.
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School Education Bill 1997
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(8) When notifying a person for the purposes of subsection
(6), it is sufficient for the principal to notify the person --
(a) of the total charges that are payable, or the total
contribution to be sought, (as the case requires) for the
5 school year in respect of the student, itemizing each
component of those charges or the contribution and
the charge or contribution for each component; or
(b) of the scale of charges or contribution for each --
(i) non-optional component of the school's
10 educational programme; or
(ii) optional component of the school's educational
programme that is not an extra cost optional
component,
that will be available to the student in the school year.
15 Extra cost optional components of educational
programmes
100. (1) The principal of a government school may from time
to time determine the costs to be paid for participation in an
extra cost optional component of the school's educational
20 programme.
(2) The costs of an extra cost optional component must not
include a fee for instruction if the instruction is provided by a
member of the teaching staff.
(3) If the school has a Council a determination under
25 subsection (1) does not have effect unless it has been approved by
the Council.
(4) The costs of the extra cost optional components to be
provided in a school year must be determined under
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School Education Bill 1997
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subsection (1) and approved under subsection (3) not later than 2
months before the beginning of the school year.
(5) If an extra cost optional component may be participated
in by a particular student, the principal is to take reasonable
5 steps to notify --
(a) a parent of the student; or
(b) in the case of a student who has turned 18 or who is a
prescribed child, the student,
of the costs of an extra cost optional component of those costs not
10 later than 2 months before the beginning of the school year.
(6) When notifying a person for the purposes of
subsection (5), it is sufficient for the principal to notify the
person --
(a) by itemizing each component of those costs and the
15 cost for each component; or
(b) of the scale of costs for each extra cost optional
component that will be available to the student in the
school year.
(7) The participation of a student in an extra cost optional
20 component is conditional on payment of the costs of that
component.
Optional components that are not extra cost optional
components to be available to certain students
101. The principal of a government school is to ensure that
25 optional components of the school's educational programme that
are not extra cost optional components are available to students
at the school --
(a) who are of compulsory school age; and
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School Education Bill 1997
cl. 102
(b) who have reached their first charges payment year.
Principal to collect charges, contributions and costs
102. (1) The following are payable to the principal of a
government school --
5 (a) charges determined and approved under section 99 in
relation to the school; and
(b) costs of the extra cost optional components of the
school's educational programme.
(2) If a person wishes to make a contribution that has been
10 determined and approved under section 99, the contribution is to
be collected by the school's principal for the purposes of the
school.
Overseas students and adult students
103. A person who is an overseas student or an adult student
15 is to pay such fees for instruction as may be prescribed and in
accordance with the regulations.
Financial hardship
104. Regulations may be made providing for --
(a) the reduction, waiver or refund, in whole or in part, of
20 any fee, charge or cost provided for by this
Subdivision; and
(b) deferred payment, payment by instalments or other
forms of assistance for the payment of any fee, charge
or cost provided for by this Subdivision.
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School Education Bill 1997
cl. 105
Students (other than overseas or adult students) cannot
be excluded for non-payment of charges
105. A principal of a government school must not exclude a
student, other than an overseas student or an adult student,
5 from participating in an educational programme of the school for
the non-payment of a charge payable under section 99.
Recovery
106. (1) Any fee or charge that is payable under this
Subdivision in respect of a student may be recovered as a debt, if
10 necessary in a court of competent jurisdiction --
(a) from a parent of the student; or
(b) in the case of a student who has turned 18 or who is a
prescribed child, from the student.
(2) The chief executive officer is to ensure that before any
15 administrative or legal action is taken to recover a debt under
subsection (1) --
(a) enquiries have been made into the reasons for the
failure to pay the fee or charge;
(b) all reasonably practicable steps have been taken to
20 recover the fee or charge; and
(c) the circumstances of the person against whom the
action is proposed to be taken and the person's
capacity to pay have been taken into account.
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School Education Bill 1997
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Agreements to pay costs not affected
107. Nothing in this Subdivision prevents a person --
(a) subject to section 98(2) from agreeing to pay money for
or towards the cost of providing an educational
5 programme for a student;
(b) from agreeing to pay money for or towards the cost of
a school based activity beyond the school's educational
programme; or
(c) from enforcing an agreement referred to in paragraph
10 (a) or (b).
Items for personal use in educational programme
108. (1) The principal of a government school may from time
to time determine the items that are to be supplied by a student
for the student's personal use in the school's educational
15 programme.
(2) If the school has a Council a determination under
subsection (1) does not have effect unless it has been approved by
the Council.
(3) All items to be supplied by a student for a school year
20 must be determined under subsection (1) and approved under
subsection (2) not later than 2 months before the beginning of the
school year.
(4) If a particular student is to supply any item under this
section, the principal is to take reasonable steps to notify --
25 (a) a parent of the student; or
(b) in the case of a student who has turned 18 or who is a
prescribed child, the student,
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School Education Bill 1997
cl. 109
of each item to be supplied not later than 2 months before the
beginning of the school year.
Subdivision 2 -- School funds
General Purposes Fund
5 109. Each government school is to have a fund to be called the
``(name of the school) General Purposes Fund''.
Funds for special purposes
110. The chief executive officer may authorize the principal of a
government school to establish funds for the receipt of donations
10 and bequests for or towards --
(a) the addition of new capital works to the school
premises;
(b) the benefit of the school library; or
(c) the benefit of the school generally.
15 Management of school funds
111. (1) The management of a school fund is to be vested in
the principal unless some other officer is designated by the chief
executive officer to perform that function at the school.
(2) The chief executive officer may amend, revoke or replace
20 a designation under subsection (1).
(3) Moneys forming part of a school fund may only be
expended by or with the authority of the principal or the other
person designated under subsection (1) and in accordance
with --
25 (a) the regulations; and
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School Education Bill 1997
cl. 112
(b) any directions (not being inconsistent with the
regulations) issued by the chief executive officer either
generally or in any particular case.
(4) However --
5 (a) money paid under a licence to which section 218
applies as a security for the performance of an
obligation may only be applied in accordance with the
licence; and
(b) subsection (3) only applies to that money if the money
10 has been forfeited under, and in accordance with, the
licence.
What may be credited
112. (1) There are to be credited to the General Purposes
Fund of a school --
15 (a) moneys from time to time allocated to the school from
funds appropriated by Parliament;
(b) grants and advances to the school from government
and private sources;
(c) charges, contributions and costs collected for the
20 purposes of the school and any fees that, in accordance
with regulations, are to be payable to the principal of
the school;
(d) moneys payable to the school under section 220
or 221;
25 (e) the proceeds of any investment of the General
Purposes Fund under section 115; and
(f) subject to subsection (2), other moneys properly
receivable for the purposes of the school.
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School Education Bill 1997
cl. 113
(2) There are to be credited to a fund established for a school
under section 110 --
(a) donations and bequests to the school for the purpose
for which the fund was established; and
5 (b) the proceeds of any investment of the fund under
section 115.
Bank account
113. (1) Moneys forming part of a school fund are to be paid
into an account at a bank approved by the chief executive officer.
10 (2) A government school is to have only one such bank
account for each school fund except to the extent that the chief
executive officer approves otherwise.
(3) The bank account or accounts may only be operated
jointly by --
15 (a) the principal; and
(b) one or more office-holders, or persons belonging to a
class, designated under subsection (4).
(4) The chief executive officer is to designate for each
government school the office-holders or class of persons who may
20 act under subsection (3) (b).
(5) In this section --
``bank'' means a bank as defined in section 5 of the
Banking Act 1959 of the Commonwealth.
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School Education Bill 1997
cl. 114
Certain provisions not to apply
114. Sections 109 to 113 have effect despite sections 6 and 34
of the Financial Administration and Audit Act 1985, but nothing
in sections 109 to 113 is to be read as affecting the
5 responsibilities of the chief executive officer as accountable officer
under that Act in respect of moneys referred to in section 112.
Investment of school funds
115. Moneys forming part of a school fund may, until required
to be paid out under section 111, be invested in the name of the
10 school by --
(a) the principal; or
(b) the other person designated under section 111 (1),
in the manner in which certain public moneys may be invested
under section 38 of the Financial Administration and Audit
15 Act 1985.
Closure or amalgamation of school
116. (1) If a school is closed or amalgamated with another
school --
(a) subject to subsection (2), moneys in a school fund are
20 to be dealt with as the chief executive officer may
direct; and
(b) the bank account for the fund may be operated by the
chief executive officer for the purpose of giving effect
to such a direction.
25 (2) However --
(a) money paid under a licence to which section 213
applies as a security for the performance of an
87
School Education Bill 1997
cl. 117
obligation may only be applied in accordance with the
licence; and
(b) subsection (1) (a) only applies to that money if the
money has been forfeited under, and in accordance
5 with, the licence.
Division 7 -- Other management provisions
School year for government schools
117. (1) The chief executive officer, by order published in the
Government Gazette, is to determine the days in each year on
10 which government schools are to be open for educational
instruction of students.
(2) An order that makes or includes such a determination for
any year must be published in the Government Gazette at least
3 years before the beginning of that year.
15 (3) Section 43 (4) and (7) to (9) of the Interpretation Act 1984
apply to an order under this section as if the order were
regulations.
(4) An order under this section made within 3 months of the
commencement of this Act need not comply with subsection (2).
20 Disputes and complaints
118. (1) Regulations may be made providing for means by
which disputes or complaints about --
(a) the provision of education; or
(b) the conduct of any member of the teaching staff,
25 in government schools may be dealt with.
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School Education Bill 1997
cl. 119
(2) Regulations of the kind mentioned in subsection (1)
may --
(a) confer authority on the chief executive officer to make
provision, by instrument published in the Government
5 Gazette, for a scheme for dealing with disputes and
complaints;
(b) confer protection on persons in respect of statements
made or information given; and
(c) provide for the powers that may be exercised in
10 connection with the investigation and resolution of
disputes and complaints.
Management and control of school premises
119. (1) Regulations may be made making provision in
relation to premises used for or in connection with government
15 schools including buildings and other things erected or standing
on those premises (``school premises'').
(2) Regulations of the kind mentioned in subsection (1) may
provide for --
(a) persons who may enter or remain on school premises
20 and the purposes for which and circumstances in
which they may do so;
(b) what may be brought on to school premises;
(c) the times when and purposes for which school
premises are to be open or closed;
25 (d) the payment of fees or charges for the use of school
premises other than for school activities;
(e) the closure of the whole or part of school premises for
the safety and protection of the premises and persons
in the vicinity of the premises;
30 (f) the maintenance of good order on school premises;
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School Education Bill 1997
cl. 120
(g) the conduct of persons on school premises and things
that they are not permitted to have in their
possession;
(h) the parking and standing of vehicles;
5 (i) the prohibition or use of vehicles and the regulation of
traffic on school premises; and
(j) the conferral on school officials of powers --
(i) to require a person on school premises to give his
or her name and address;
10 (ii) to prohibit a person from entering school
premises;
(iii) to remove property from school premises, move
property within the premises, and recover the
attendant cost and expenses; and
15 (iv) to take possession of property on school premises
that appears to be lost, discarded or disused and,
subject to any prescribed requirements for notice
to be given, to dispose of the property as being
the property of the department.
20 Dealing with persons disrupting school premises
120. (1) If an authorized person reasonably suspects that a
person who is not a student at a government school --
(a) has substantially disrupted, or is likely to
substantially disrupt, the discipline of students or the
25 good order of the school; or
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(b) has used threatening, abusive or insulting language
towards a teacher acting in an official capacity,
the authorized person may require the person to --
(c) state his or her name and address; and
5 (d) leave the school premises, and remain away from
those premises for the following 24 hours.
(2) A person must not --
(a) fail to comply with a requirement directed to him or
her under subsection (1); or
10 (b) when required to state his or her name and address,
give any false or misleading information.
Penalty: $5 000 or imprisonment for 6 months.
(3) An authorized person may --
(a) detain a person who has contravened subsection (2)
15 until the person can be delivered to a police officer;
and
(b) use the help of other persons as is necessary for that
purpose.
(4) Reasonable force may be used in the exercise of the
20 powers conferred by subsection (3).
(5) In this section --
``authorized person'' in relation to a government school
means --
(a) the principal of the school;
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(b) a person authorized by the chief executive officer
to exercise the powers conferred by this section
in respect of that school; or
(c) a person who belongs to a class of persons so
5 authorized.
Dissemination of certain information on school premises
121. (1) A person must not on the premises of a government
school give to students, whether orally or in writing,
information --
10 (a) to which this section applies; and
(b) which is not part of the educational programme of the
school,
if the purpose of doing so is to impress a particular viewpoint or
message on the minds of the students.
15 Penalty: $2 000.
(2) This section applies to information that --
(a) is intended to generate support for a political party;
(b) advertises any commercial goods, product or service,
except as allowed under section 216 (2) (d);
20 (c) promotes a particular denomination or sect, except as
allowed under section 69; or
(d) advocates the case of a party to an industrial dispute,
including the chief executive officer.
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(3) The principal of a government school --
(a) is to take all reasonable steps to ensure that
subsection (1) is complied with; and
(b) may confiscate any written material that is on the
5 school premises in contravention of that subsection.
(4) In this section --
``student'' means a student enrolled at a government school
who is on school premises at a time when --
(a) the student is required to attend the school as
10 part of an educational programme at the school;
(b) the student is otherwise participating in an
educational programme of the school; or
(c) the student is on school premises in preparation
for, or subsequent to, being at the school for a
15 reason referred to in paragraph (a) or (b).
Dealings with a parent
122. (1) The principal of, or a teacher at, a government school
may notify information about a student to a person who is shown
in the register referred to in section 19 as a parent of the student
20 without being concerned --
(a) to enquire whether there is any other person who in
relation to the child may be within the definition of
``parent'' in section 4; or
(b) to notify the information to another person whom he
25 or she knows to be within that definition.
(2) If a person who is shown in the register referred to in
section 19 as a parent of a student gives to the principal of, or a
teacher at, a government school an authorization or direction in
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relation to the student, the principal or teacher is not
concerned --
(a) to enquire whether there is any other person who in
relation to the child may be within the definition of
5 ``parent'' in section 4; or
(b) to obtain a like authorization or direction from
another person whom he or she knows to be within
that definition.
(3) Nothing in this section affects the operation and
10 enforcement of a Family Court order.
General management
123. (1) Regulations may be made for the general
management of government schools.
(2) Without limiting subsection (1) regulations may be
15 made --
(a) for the discipline of students and the powers of
principals in that respect; and
(b) prescribing the hours for the instruction of students in
government schools.
20 Division 8 -- Parent and community involvement
Subdivision 1 -- School Councils
Definition
124. In this Subdivision --
``school'' means a government school and includes, where
25 section 125 (2) applies, all relevant government
schools.
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Government school to have a Council
125. (1) A government school is to have a Council unless it is
exempted by the Minister under section 126.
(2) It is sufficient compliance with subsection (1) for 2 or
5 more government schools, with the approval of the Minister, to
have one Council that operates for those schools jointly.
Exemptions and approvals
126. (1) The Minister may by order published in the
Government Gazette --
10 (a) exempt a school from the requirements of
section 125 (1) if the Minister is satisfied that it is not
necessary for the school to have a Council --
(i) because of its size or nature; or
(ii) because the functions to be performed by a
15 Council can be provided by some other means;
(b) give an approval for the purposes of section 125(2);
and
(c) at any time revoke an order and specify a time by
which the school is to comply with section 125(1).
20 (2) The Minister may --
(a) make an exemption or approval subject to any
condition; and
(b) impose any further condition or vary or revoke a
condition at any time.
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Constitution of Councils
127. (1) The membership of a Council for a school is to be
drawn from --
(a) the parents of students at the school except where the
5 majority of the students at the school are 18 years of
age or more;
(b) other members of the general community;
(c) the staff of the school; and
(d) where the school is of a prescribed class, students at
10 the school, but no student under 18 years of age can
be a member of an incorporated Council.
(2) The principal for the time being of a school is
automatically a member of the Council for that school.
(3) A person who --
15 (a) is the principal of, or on the staff of, a school which
has a Council; and
(b) is also a person described in subsection (1) (a) or (b),
can only be a member of the Council in his or her capacity as the
principal or a staff member.
20 (4) Persons referred to in subsection (1) (a) and (b) must
form the majority of members of a Council.
(5) Subject to this section --
(a) the procedure for the establishment of Councils;
(b) the number of members and composition of Councils;
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(c) the manner in which persons become members;
(d) the term of office of members; and
(e) matters relating to ineligibility for, and cessation or
termination of, membership,
5 are to be as prescribed by the regulations.
(6) The Chairperson of the Council is to be elected by and
from its members.
Functions of Councils
128. The functions of a Council for a school are --
10 (a) to take part --
(i) in establishing, and reviewing from time to time,
the school's objectives, priorities and general
policy directions;
(ii) in the planning of financial arrangements
15 necessary to fund those objectives, priorities and
directions; and
(iii) in evaluating the school's performance in
achieving them;
(b) to promote the school in the community;
20 (c) to take part in formulating codes of conduct for
students at the school;
(d) to determine, in consultation with students, their
parents and staff of the school, a dress code for
students when they are attending or representing the
25 school;
(e) to carry out the functions given by sections 70, 99 (4),
100 (3), 108 (2) and 216 (5); and
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(f) to undertake such other functions prescribed by the
regulations for the purposes of this section.
Minister may approve additional functions for a Council
129. (1) This section applies to any Council.
5 (2) With the approval of the Minister, a Council for a school
may --
(a) take part in the selection of, but not the appointment
of, the school principal or any other member of the
teaching staff; and
10 (b) carry out any other function prescribed by the
regulations for the purposes of this section.
(3) An approval is only to be given for the purposes of
subsection (1) if the Minister is of the opinion that it will be in
the best interests of the students that the Council have the
15 function to which the approval relates.
(4) The Minister may --
(a) make an approval subject to any condition; and
(b) at any time --
(i) impose any further condition or vary or revoke a
20 condition; or
(ii) revoke an approval.
Incorporated Council may have prescribed additional
functions if approved by the Minister
130. (1) Regulations may be made prescribing functions that
25 a Council may perform only if it has the approval of the Minister
in terms of subsection (2).
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(2) An approval referred to in subsection (1) is to be given by
the Minister only if in his or her opinion the performance by the
Council of the function to which the approval relates will --
(a) improve an educational programme of the school or
5 the management of the school's facilities; and
(b) be in the best interests of the students.
(3) An approval referred to in subsection (1) --
(a) is to be conditional on the Council --
(i) having a constitution containing provisions
10 approved by the Minister; and
(ii) becoming an incorporated association under the
Associations Incorporation Act 1987 within a
period specified by the Minister;
(b) does not have effect until those conditions are
15 satisfied; and
(c) may be subject to any other condition.
(4) The Minister may at any time --
(a) impose any further condition or vary or revoke a
condition; or
20 (b) revoke an approval.
(5) While any approval is in force any change to the
constitution of the Council, other than an amendment to this Act
or the regulations, or any substituted constitution is of no effect
until it has been approved by the Minister.
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Certain property vested in Minister
131. All property acquired by an incorporated Council for the
use of a school is acquired for the purposes of this Act; and
section 215 applies to it whether or not public moneys were spent
5 on its acquisition.
Council not concerned in school management
132. A Council cannot --
(a) intervene in the control or management of a school
unless --
10 (i) the Council is one to which section 130 applies;
and
(ii) the intervention is by way of performing a
function prescribed for the purposes of
section 130;
15 (b) intervene in the educational instruction of students;
(c) exercise authority over teaching staff or other persons
employed at the school; or
(d) intervene in the management or operation of a school
fund.
20 Powers of Council
133. A Council may do all things necessary or convenient to be
done for or in connection with the carrying out of its functions.
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Principal to provide support
134. The principal of a school is to provide the school's Council
with such support services as it may reasonably require.
Council to comply with Minister's directions
5 135. (1) The Minister may give directions in writing to a
Council with respect to the performance of its functions, either
generally or in relation to a particular matter, and the Council is
to give effect to any such direction.
(2) A direction under subsection (1) may require a Council to
10 comply with a specified instruction or class of instructions issued
by the chief executive officer under section 233.
Procedures
136. Subject to this Act, a Council is to determine its own
procedures.
15 Protection from liability
137. (1) An action in tort does not lie against a person for
anything that the person has done in good faith as a member of a
Council.
(2) Subsection (1) does not relieve a Council that is an
20 incorporated association under the Associations Incorporation
Act 1987 of any liability that it might have for the doing of
anything referred to in that subsection.
(3) In this section, a reference to the doing of anything
includes a reference to the omission to do anything.
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Minister may dismiss Council
138. (1) This section does not apply to a Council that by
operation of section 130 is an incorporated association under the
Associations Incorporation Act 1987.
5 (2) If in the opinion of the Minister the conduct of a Council
is incompetent, inadequate or improper or a Council is in breach
of this Act, the Minister is to give written notice to the
Council --
(a) setting out particulars of the allegations against it;
10 and
(b) requiring that the situation be remedied within the
time specified in the notice.
(3) If the Minister is of the opinion that a Council has not
complied with a notice under subsection (1) the Minister may, by
15 order published in the Government Gazette, dismiss the Council.
(4) An order under subsection (3) may make any
supplementary or incidental provision that the Minister considers
is necessary to allow the dismissal to have effect with the least
inconvenience to the school, the students at the school and their
20 parents and the staff of the school.
(5) Provision may be made under subsection (3) --
(a) for ownership of the Council's documents and records;
and
(b) for custody of them to be given to a specified person or
25 persons.
Winding up of Council that is incorporated
139. (1) A Council that, by operation of section 130, is an
incorporated association under the Associations Incorporation
Act 1987 may, if the Council is in breach of this Act or the
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conduct of the Council is incompetent, inadequate or improper, be
wound up by the Supreme Court on the application of the
Minister.
(2) The Associations Incorporation Act 1987 applies to a
5 Council for the purposes of subsection (1) as if the grounds
referred to in that subsection were specified in section 31 of that
Act as grounds for winding up.
(3) This section is in addition to, and does not limit, the
application of the Associations Incorporation Act 1987 to a
10 Council that is an incorporated association.
Regulations
140. Without limiting section 127 (5), 129 (2) (b) or 130,
regulations may be made in respect of the functions, powers and
duties of Councils and in particular --
15 (a) enabling Councils to co-opt members of the local
community as members of Councils and prescribing
the capacity in which they may be co-opted provided
that no co-opted member shall have any voting rights
on the Council to which she or he is co-opted;
20 (b) enabling Councils to allow students to attend
meetings and take part in discussion but without
having a right to vote or being counted in determining
a quorum;
(c) with respect to the proceedings of Councils; and
25 (d) providing in relation to a school dress code referred to
in section 128 (d) --
(i) for the matters which may, or cannot, be
provided for in a code;
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(ii) for the procedures to be followed by a Council in
the formulation and approval of a code; and
(iii) enabling the principal of a school to exempt a
student at the school from complying with any
5 requirement of a code approved by the school's
Council.
Subdivision 2 -- Parents and Citizens' Associations
Definition
141. In this Subdivision --
10 ``association'', except in section 149, means a Parents and
Citizens' Association formed under section 142;
``incorporated association'' has the same meaning as it
has in the Associations Incorporation Act 1987.
Formation of Parents and Citizens' Associations
15 142. Parents and other persons who are interested in the
welfare of a government school or a group of government schools
may, in accordance with this Subdivision, form a Parents and
Citizens' Association for that school or that group of schools.
Objects etc.
20 143. (1) The objects of an association are to promote the
interests of the school or group of schools for which it is formed
through --
(a) cooperation between parents, teachers, students and
members of the general community;
25 (b) assisting in the provision of resources, facilities and
amenities for the school or schools; and
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(c) the fostering of community interest in educational
matters.
(2) An association cannot --
(a) intervene in the control or management of a school;
5 (b) intervene in the educational instruction of students; or
(c) exercise authority over teaching staff or other persons
employed at the school.
(3) An association is not to expend its funds that are in
excess of administrative costs otherwise than for the benefit of
10 students at a government school.
(4) The constitution of an association must at all times be
consistent with this section.
Certain property vested in Minister
144. All property acquired by an association for the use of a
15 school or group of schools is acquired for the purposes of this Act;
and section 215 applies to it whether or not any public moneys
were spent on its acquisition.
Incorporation
145. (1) This section applies to an association formed after
20 the commencement of this Division.
(2) An association is to become an incorporated association
within 3 months after it is formed.
(3) An association is not to apply for incorporation under the
Associations Incorporation Act 1987 unless the Minister has first
25 approved the provisions of the proposed constitution.
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(4) No provision in an association's constitution has effect
until it has been approved by the Minister.
(5) While any approval is in force any change to an
association's constitution or any substituted constitution is of no
5 effect until it has been approved by the Minister.
Transitional provision
146. (1) This section applies to an association to which
clause 21 of Schedule 1 applies.
(2) An association that is not incorporated at the
10 commencement of this Division is to become an incorporated
association within 2 years from that commencement.
(3) An association referred to in subsection (2) is not to apply
for incorporation under the Associations Incorporation Act 1987
unless the Minister has first approved the provisions of the
15 proposed constitution.
(4) No provision in the constitution of an association referred
to in subsection (2) has effect until it has been approved by the
Minister.
(5) An association --
20 (a) that is referred to in subsection (2); or
(b) that is an incorporated association at the
commencement of this Division,
is not to apply under the Associations Incorporation Act 1987 to
change or substitute its constitution unless the Minister has first
25 approved the proposed change or substituted constitution.
(6) Any change to an association's constitution or any
substituted constitution is of no effect until it has been approved
by the Minister.
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Information to be given to principal
147. An association for a school or a group of schools must --
(a) before 30 April in each year notify the principal of the
school, or of each of the schools, in writing of the
5 names of the persons who as at 1 April in that year
are office-bearers or committee members of the
association; and
(b) give to the principal of the school, or of each of the
schools, a copy of the audited annual financial
10 statements of the association as soon as is practicable
after those statements have been approved by the
association.
Winding up of associations
148. (1) An association that is in breach of this Act may be
15 wound up by the Supreme Court on the application of the
Minister.
(2) The Associations Incorporation Act 1987 applies to an
association for the purposes of subsection (1) --
(a) whether or not the association is an incorporated
20 association; and
(b) as if a breach referred to in subsection (1) were
specified in section 31 of that Act as a ground for
winding up,
but in the case of an association that is not an incorporated
25 association, the application of that Act is limited to the purposes
of subsection (1).
(3) In the case of an association that is an incorporated
association, this section is in addition to, and does not limit, the
application of the Associations Incorporation Act 1987 to the
30 association.
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Other associations
149. (1) Nothing in this Subdivision prevents the formation
and carrying on of any other association, in relation to a
government school or group of schools, that has as its object or
5 one of its objects the promotion of the interests of the school or
the group of schools or students at the school or the groups of
schools either generally or in any particular respect.
(2) An association referred to in subsection (1) is not to have
a name that is likely to be misunderstood as referring to an
10 association to which section 142 applies.
(3) If the Minister is of the opinion that an association
referred to in subsection (1) --
(a) is being carried on in a way that is not in the interests
of the school; or
15 (b) has a name that contravenes subsection (2),
he or she may give directions in writing to the persons who
manage the affairs of the association as to any matter relating to
the name, constitution, objects or management of the association.
(4) A person to whom a direction is given under
20 subsection (3) must take all steps reasonably available to him or
her to comply with it.
Penalty: $500.
(5) If any such direction is not complied with, the association
may, on the ground of that non-compliance, be wound up by the
25 Supreme Court on the application of the Minister; and
section 148 (2) and (3) apply for that purpose with all necessary
changes.
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PART 4 -- NON-GOVERNMENT SCHOOLS
What this Part is about
This Part requires non-government schools to be approved and
registered by the Minister and makes various provisions about
5 their operation and funding.
In particular it deals with --
the registration of non-government schools that meet the
required standards (Division 2);
recognition of groups of registered schools (``system schools'')
10 that are under the control of one governing body, and
agreements between the Minister and the governing body
about the operation of schools in the group (Division 3);
inspection of registered schools and the provision of
information to the Minister (Division 4);
15 the allocation of funds appropriated by Parliament for
registered schools (Division 5); and
loans to registered schools or school systems for capital
works (Division 6).
Division 1 -- Preliminary
20 Definitions
150. In this Part, unless the contrary intention appears --
``governing body'' means --
(a) in relation to a school or proposed school, the
person or body of persons that has the
25 ownership, management or control of the school
or proposed school; and
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(b) in relation to a system of non-government
schools, the person or body of persons that
exercises a supervisory role over the schools in
the system;
5 ``non-system school'' means a school that is not a member
of a school system;
``registered school'' means a school registered under
section 160;
``school system'' means a school system that is recognized
10 under section 169;
``system agreement'' means an agreement under
section 173;
``system school'' means a school that is a member of a
school system.
15 References to chief executive officer
151. References in this Part to the chief executive officer are to
the chief executive officer appointed under section 45 of the
Public Sector Management Act 1994 for the department
principally assisting the Minister in the administration of this
20 Part.
Delegation by the chief executive officer
152. (1) The chief executive officer may, by instrument,
delegate to an officer of the department the performance of any of
the functions conferred on the chief executive officer by this Act
25 except this power of delegation.
(2) A delegation may be general or as otherwise provided by
the instrument of delegation.
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(3) Where an officer performs a function of the chief
executive officer he or she is to be taken to do so in accordance
with the terms of a delegation under this section, unless the
contrary is shown.
5 (4) Performance of a function by an officer under this section
is to be treated as performance by the chief executive officer.
Minister may give directions to the chief executive officer
153. The Minister may give directions in writing of a general
nature to the chief executive officer with respect to the
10 performance of the chief executive officer's functions under this
Part but the Minister cannot give a direction in relation to a
particular person.
Division 2 -- Registration of non-government schools
Offence of carrying on unregistered school etc.
15 154. (1) A person must not establish or carry on an
establishment that provides an educational programme for
children in their --
(a) pre-compulsory education period;
(b) compulsory education period; or
20 (c) post-compulsory education period,
unless the establishment is registered under this Part.
Penalty: $10 000 and a daily penalty of $50.
(2) Subsection (1) does not apply to --
(a) a government school;
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(b) a community kindergarten registered under Part 5; or
(c) an establishment that provides an educational
programme of a kind prescribed by the regulations.
(3) A person employed in an establishment referred to in
5 subsection (1) is not guilty of an offence against that subsection if
the person proves that he or she acted under an honest and
reasonable belief that the establishment was carried on under
and in accordance with --
(a) a registration referred to in subsection (2) (b); or
10 (b) a certificate referred to in section 162.
Offence of false representation
155. A person must not falsely represent in relation to an
establishment that --
(a) the establishment is registered under this Part; or
15 (b) enrolment in the establishment satisfies the
requirements of section 9 (1).
Penalty: $10 000.
Scheme of registration
156. (1) The Minister may register non-government schools.
20 (2) A school is to be registered as a system school or a
non-system school.
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(3) A school is to be registered as providing educational
programmes of a general or any specified kind for one or more of
the following --
(a) education for children in their pre-compulsory
5 education period or for any specified part of that
period;
(b) education for children in their compulsory education
period or for any specified part of that period; or
(c) education for children in their post-compulsory
10 education period or for any specified part of that
period.
(4) The chief executive officer is to keep a register of schools
that are registered under this Part.
Minister may make advance determination of certain
15 issues
157. (1) A person or body of persons that proposes to
establish a non-government school may apply to the Minister for
a determination of the kind described in subsection (2).
(2) The determination referred to is that, if an application
20 were made under section 158 to register the proposed school, the
Minister could not refuse to register it on the ground specified in
section 160 (1) (f).
(3) The Minister may make such a determination and in
doing so is to take into account the need to allow diversity of
25 choice in educational programmes.
(4) The Minister may specify a time after which a
determination will lapse.
(5) If when an application is made to register a school under
section 158 a determination under this section is in force in
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respect of the school, the application cannot be refused on the
ground referred to in subsection (2), but this subsection does not
otherwise restrict the operation of section 160.
Application for registration
5 158. (1) The governing body of a school may apply to the
Minister for the school to be registered as a system or a
non-system school.
(2) An application is to --
(a) be made in writing at least 6 months before the day
10 from which registration is sought;
(b) specify the kind of education for which registration is
sought;
(c) specify the location of all of the premises to be used by
the school;
15 (d) provide any other prescribed information; and
(e) be accompanied by the prescribed fee.
(3) If the application is for registration as a system school,
the application is to be accompanied by a statement in support of
the application by the governing body of the school system.
20 (4) The Minister may require the governing body to provide
any other information that he or she considers necessary.
Matters to be considered by Minister
159. (1) The Minister, in determining an application for
registration, or for renewal of registration, of a school is to take
25 into account --
(a) the location of the premises to be used by the school;
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(b) the school's curriculum;
(c) the year levels of education to be provided;
(d) the number of days in each year on which the school
is to be open for instruction;
5 (e) the qualifications of the teachers;
(f) the school buildings, if any;
(g) the facilities to be provided;
(h) the number of children to attend the school;
(i) the enrolment and attendance procedures;
10 (j) the means by which disputes and complaints about
the provision of education at the school may be dealt
with;
(k) the arrangements (if any) for board and lodging for
students on school premises or premises associated
15 with the school;
(l) the sufficiency of the school's financial resources; and
(m) any other matter prescribed by the regulations.
(2) The Minister may determine standards in respect of the
matters referred to in subsection (1) and is to determine any
20 standard in accordance with consultation procedures prescribed
by the regulations.
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Grant or refusal of registration
160. (1) The Minister is to register the school if the Minister
is satisfied that --
(a) the constitution of the governing body of the school is
5 satisfactory for the purposes of this Act;
(b) the members of the governing body are fit and proper
persons to operate a school;
(c) the school will meet any standards determined by the
Minister under section 159 (2);
10 (d) the school will provide a satisfactory standard of
education of the kind for which registration is sought;
(e) the school will provide satisfactory levels of care for
the children concerned;
(f) the school will not have a detrimental effect on the
15 ability of an existing school to function as a school;
and
(g) the school complies, or will be able to comply, with
any written laws affecting the operation of the school.
(2) If the Minister is not so satisfied, he or she is to --
20 (a) register the school subject to specified conditions; or
(b) refuse to register the school.
(3) If the Minister is not satisfied as to the matter
mentioned in subsection (1) (a) he or she may impose a condition
that within a specified period --
25 (a) the school is to have a governing body that is a body
corporate; and
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(b) the constitution of the governing body is to be
approved by the Minister as being satisfactory for the
purposes of this Act.
(4) In subsection (1) (f) --
5 ``existing school'' includes a proposed school for which a
determination under section 157 (2) is in force.
Minister to notify decision within 3 months
161. The Minister, within 3 months after the application is
received, is to notify the applicant in writing of the decision and,
10 if registration is refused, of the reasons for the refusal.
Certificate of registration
162. The Minister is to issue a certificate of registration to the
governing body of a school that is granted registration or renewal
of registration, specifying the kinds of education, in terms of
15 section 156 (3), for which it is registered and --
(a) in the case of a school to which section 163 (1) applies,
the period of registration; or
(b) in the case of a school to which section 163 (2) applies,
the name of the school system of which it is a
20 member.
Period of registration
163. (1) Subject to this Part, the registration of a school that
is --
(a) a non-system school; or
25 (b) a member of a school system for which a system
agreement is not in force,
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continues for the period specified in its certificate of registration,
being a period of not less than one year and not more than
7 years.
(2) Subject to this Part, the registration of a school that is a
5 member of a school system for which a system agreement is in
force continues until --
(a) the school ceases to be a member of the school system;
or
(b) the school system ceases to be recognized under
10 section 169.
Renewal of registration
164. (1) The governing body of a school referred to in
section 163 (1) may apply to the Minister for the registration to
be renewed.
15 (2) An application for renewal is to be made in writing not
earlier than 12 months and not later than 6 months before the
end of the current period of registration.
(3) An application for renewal is otherwise to be made and
determined in the same way as an application for initial
20 registration under section 158.
Amendment of conditions
165. (1) Where under section 160 (2) (a) a school is registered
subject to conditions, the Minister may decide to --
(a) impose any new condition; or
25 (b) change or remove an existing condition.
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(2) The Minister is not to make a decision under
subsection (1) without first consulting the governing body of the
school.
(3) The Minister is to give written notice of any decision
5 under subsection (1) to the governing body of the school and the
decision does not take effect until --
(a) 14 days after the notice is given; or
(b) such later time as is set out in the notice.
Minister may give directions
10 166. (1) The Minister may give directions in writing to the
governing body of a registered school requiring the governing
body to observe any standard for the time being determined
under section 159 (2).
(2) A governing body is to comply with a direction so given.
15 Cancellation of registration
167. (1) The Minister may cancel the registration of a system
or non-system school at any time if the Minister is satisfied --
(a) that the school or its governing body is not complying
with --
20 (i) this Act;
(ii) any relevant requirement of the Curriculum
Council Act 1997;
(iii) any condition of the school's registration; or
(iv) a direction given under section 166;
25 or
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School Education Bill 1997
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(b) that it is in the best interests of the children at the
school to do so.
(2) The Minister is not to cancel the registration of a school
without first --
5 (a) notifying the governing body of the proposed
cancellation and of the reasons for it; and
(b) giving the governing body a reasonable opportunity to
show why the registration should not be cancelled.
(3) Subsection (2) does not apply if in the opinion of the
10 Minister the health or welfare of persons may be at risk if the
registration is not cancelled immediately.
(4) The Minister is to give written notice of the cancellation
to the governing body.
(5) The cancellation takes effect at such time as is specified
15 in the notice given under subsection (4).
(6) In this section --
``governing body'' means --
(a) for a non-system school the governing body of
the school; or
20 (b) for a system school the governing body of the
system.
Review of decisions in relation to registration
168. (1) The governing body of a school may apply in writing
to the Minister for a review of a decision of the Minister --
25 (a) to refuse to register the school;
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(b) concerning a condition to which the school's
registration is subject; or
(c) to cancel the school's registration.
(2) The application is to be made within 28 days after the
5 applicant received written notice of the decision.
(3) Where an application is made under subsection (1), the
Minister is to refer the matter to a Non-government School
Registration Advisory Panel which is to examine the matter and
report to the Minister with its recommendation.
10 (4) A Non-government School Registration Advisory Panel is
to give the applicant the opportunity to be heard.
(5) The Minister is to give a copy of the report of the
Non-government School Registration Advisory Panel to the
applicant.
15 (6) The Minister after considering the report may confirm,
vary or reverse the decision and is to give written notice to the
applicant of the subsequent decision and written reasons for that
decision.
(7) In this section --
20 ``Non-government School Registration Advisory
Panel'' means an advisory panel under section 241
established for the purposes of subsection (3) of this
section.
Division 3 -- Non-government school systems
25 Subdivision 1 -- Recognition of systems
Recognized school systems
169. (1) Where the Minister is satisfied that subsection (2)
applies to a group of registered schools, the Minister may by
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School Education Bill 1997
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order published in the Government Gazette declare the schools to
be a recognized school system.
(2) This subsection applies where a person or body of
persons exercises a supervisory role over a group of 2 or more
5 registered schools.
(3) An order under subsection (1) is to specify --
(a) the schools that are members of the school system;
and
(b) the name and address of the governing body of the
10 system.
Revocation of order
170. (1) The Minister may by order published in the
Government Gazette revoke an order under section 169 in respect
of a school system if --
15 (a) the Minister is no longer satisfied that section 169 (2)
applies to the schools in the system; or
(b) the Minister is satisfied that it is in the best interests
of children at schools in the system to do so.
(2) An order under subsection (1) in respect of a school
20 system may provide that the registration of a school in the
system will remain in force for a period of up to 12 months after
the order comes into force.
(3) The Minister is not to publish an order under
subsection (1) in respect of a school system without first --
25 (a) notifying the governing body of the system of the
proposed revocation and of the reasons for it; and
(b) giving the governing body a reasonable opportunity to
show why the order should not be revoked.
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(4) The revocation takes effect at such time as is specified in
the order.
Inclusion of a registered school in a school system
171. (1) The governing body of a school system may accept as
5 a member of the system a school that is registered as a
non-system school without conditions if that registration is not
subject to any condition.
(2) The governing body is to give notice to the Minister of its
intention to accept the school as from a day specified in the
10 notice.
(3) The school becomes a member of the system on the day
specified in the notice.
Withdrawal of a school from a school system
172. (1) The person or body of persons that has the
15 ownership of a school that is a member of a school system may
give notice to the Minister that the school wishes to withdraw
from the system and apply for registration as a non-system
school.
(2) If the Minister is satisfied that the school meets the
20 requirements of section 159, the Minister may --
(a) approve the withdrawal; and
(b) register the school as a non-system school as from a
day specified by the Minister.
(3) The Minister is not to take action under subsection (2) in
25 respect of a school without first --
(a) informing the governing body of the relevant system of
the notice given under subsection (1); and
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School Education Bill 1997
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(b) giving the governing body a reasonable opportunity to
make submissions on it.
Subdivision 2 -- System agreements
Minister may make agreements with non-government
5 school systems
173. (1) The Minister may make an agreement with the
governing body of a school system.
(2) The term of a system agreement is not to exceed 10 years
but on its expiry a further system agreement may be made.
10 (3) If the Minister is not willing to make a further system
agreement in place of an expiring system agreement, the
Minister is to notify the governing body concerned in writing of
that fact and of the reasons for his or her unwillingness.
(4) A notice under subsection (3) is to be given not later than
15 6 months before the agreement will expire.
Contents of a system agreement
174. (1) A system agreement is to include provisions as to --
(a) the responsibility of the governing body for the
supervision of schools in the system;
20 (b) methods by which the governing body will ensure that
standards of educational instruction are maintained in
the schools of the system;
(c) the giving of information to the Minister about the
system and the schools that are members of the
25 system, in particular --
(i) statistical information;
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School Education Bill 1997
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(ii) educational information; and
(iii) financial information;
(d) the means by which disputes and complaints about
the provision of education at schools within the system
5 may be dealt with;
(e) the procedure for varying the agreement from time to
time; and
(f) any other matter prescribed by the regulations.
(2) A system agreement may include provision by which --
10 (a) the Minister delegates to the governing body of the
system the performance of functions under this Part
relating to the registration or renewal of registration
of schools in the system; and
(b) the governing body of a system is to supply the
15 information described in section 181 on behalf of
schools in the system.
(3) The chief executive officer is to keep a register of system
agreements and their contents.
Termination of a system agreement
20 175. The Minister may terminate a system agreement at any
time if he or she is satisfied that the governing body of the
system is not complying with the agreement.
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School Education Bill 1997
cl. 176
Division 4 -- Inspections and provision of information
Inspection on notice
176. (1) The Minister may authorize persons to inspect
registered schools for the purpose of ensuring that any school is
5 complying with --
(a) this Act;
(b) any relevant requirement of the Curriculum Council
Act 1997;
(c) any condition of the school's registration; or
10 (d) a direction given under section 166.
(2) The Minister is to issue a certificate of authority to any
person authorized under subsection (1) that specifies --
(a) the schools that the person is authorized to inspect;
and
15 (b) the period for which the certificate is in force.
(3) Any person authorized under subsection (1) may, on
7 days' notice --
(a) enter and inspect any premises of a registered school;
(b) require the production of records and documents
20 relating to the school and inspect or take copies of
them; and
(c) require any person to give assistance reasonably
necessary for the exercise of the powers conferred by
this section.
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School Education Bill 1997
cl. 177
(4) In subsection (3) (b) and in section 177 (3) (b) and (c) --
``records'' includes the registers referred to in sections 19
and 28 (3).
Inspection without notice
5 177. (1) If the Minister is of the opinion that --
(a) a registered school is not complying with --
(i) this Act;
(ii) any relevant requirement of the Curriculum
Council Act 1997;
10 (iii) any condition of the school's registration; or
(iv) a direction given under section 166;
and
(b) it is necessary for an inspection to be made without
notice,
15 he or she may authorize a person in writing to inspect the school
without notice.
(2) The Minister is to issue a certificate of authority to any
person authorized under subsection (1) that specifies --
(a) the school that the person is authorized to inspect;
20 (b) the period for which the certificate is in force, being a
period of not more than 7 days; and
(c) the reasons for authorizing the inspection under
subsection (1).
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(3) Any person authorized under subsection (1) may --
(a) enter, search and inspect any premises of the school;
(b) require the production of records and documents
relating to the school and inspect or take copies of
5 them;
(c) if authorized in writing by the Minister to do so, take
possession of any records or documents kept by the
school; and
(d) require any person to give assistance reasonably
10 necessary for the exercise of the powers conferred by
this section.
Proof of authority
178. A person authorized under section 176 or 177 must
produce the certificate referred to in subsection (2) of that section
15 to a person in charge of any premises in respect of which the
person is exercising or about to exercise his or her powers.
Offence of obstructing an inspection
179. A person must not hinder or obstruct an authorized
person who is carrying out or attempting to carry out an
20 inspection under this Part.
Penalty: $2 000.
Notice of change of premises
180. The governing body of a registered school is not to move
the school, or any part of it, to new premises, unless it has given
25 to the Minister at least 90 days' notice of its intention to do so.
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School Education Bill 1997
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Provision of information by registered schools
181. (1) The Minister may, by notice in writing, require the
governing body of a registered school to provide --
(a) statistical, educational and financial information
5 about the school; and
(b) any other information about the school relating to any
matter referred to in section 159.
(2) If the school is a system school, the Minister is to send a
copy of the notice to the governing body of the system.
10 (3) The governing body is to provide the required
information within the period specified in the notice, being a
period of not less than 14 days from receipt of the notice.
Penalty: $2 000.
Division 5 -- Funding
15 Minister may allocate moneys
182. (1) The Minister may allocate moneys that have been
appropriated by Parliament for the purpose of assisting
registered schools and school systems.
(2) Allocations must be made in accordance with --
20 (a) an order made under section 183; or
(b) guidelines issued under such an order.
(3) In the case of moneys appropriated for distribution
according to the number of students at a school, account may
only be taken of students who are in their pre-compulsory,
25 compulsory or post-compulsory education periods and are --
(a) entitled to reside permanently in Australia; or
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(b) members of a class of students prescribed by the
regulations.
Orders as to funding
183. (1) The Minister may by order published in the
5 Government Gazette make provision for --
(a) the purposes for which; and
(b) the manner in which,
moneys appropriated by Parliament for the purposes of
section 182 will be applied in assisting registered schools and
10 school systems.
(2) The Minister may by order published in the Government
Gazette amend or revoke an order under subsection (1).
(3) An order under subsection (1) or (2) is to take effect on
such day as is specified in the order which may be a day earlier
15 than the day on which the order is published.
Contents of orders
184. Without limiting section 183 an order under that section
may provide --
(a) for moneys to be paid to the governing body of --
20 (i) a registered school; or
(ii) a school system for which a system agreement is
in force;
(b) for guidelines to be issued by the Minister from time
to time expressing the principles upon which
25 assistance will be given;
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School Education Bill 1997
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(c) that moneys not applied to the purposes specified in
the order may, with the approval of the Minister, be
applied to any other purpose approved by the
Minister; or
5 (d) for any assistance provided to be subject to such
conditions, limitations or restrictions as are specified
in the order.
Accountability
185. (1) The Minister may require a governing body to
10 furnish to the Minister a report as to the application of moneys
provided under this Division.
(2) If --
(a) the governing body fails to furnish any report required
by the Minister;
15 (b) any condition, limitation or restriction on the use of
moneys is not complied with; or
(c) the Minister is of the opinion that moneys have not
been applied in accordance with an order under
section 183,
20 the Minister may recover the moneys as a debt in a court of
competent jurisdiction.
Division 6 -- Loans for capital works
Minister may lend money
186. (1) The Minister may lend money for capital works to
25 the governing body of --
(a) a registered school; or
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School Education Bill 1997
cl. 187
(b) a school system for which a system agreement is in
force.
(2) Any such loan is to be made out of moneys borrowed by
the Minister under section 187.
5 (3) The terms and conditions of any such loan, including the
interest to be paid --
(a) may be less onerous than those that might reasonably
apply to such a loan made commercially; and
(b) are to be approved by the Treasurer.
10 (4) In subsection (1) --
``capital works'' means the acquisition of land, the
construction, modification and renovation of buildings
and the purchase of plant and equipment, or any of
those things.
15 Borrowing by the Minister
187. (1) The Minister may borrow moneys for the purpose of
lending under section 186 --
(a) from the Treasurer on such terms and conditions
relating to repayment and payment of interest as the
20 Treasurer imposes; or
(b) with the prior written approval of the Treasurer and
on such terms and conditions as the Treasurer
approves, from persons other than the Treasurer.
(2) Any moneys borrowed by the Minister under subsection
25 (1) (b) may be raised --
(a) as one loan or as several loans; and
(b) in such manner as the Treasurer approves.
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School Education Bill 1997
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(3) The total amount of the moneys borrowed by the
Minister under subsection (1) (b) in any one financial year is not
to exceed such amount as the Treasurer approves.
Moneys to be credited and charged to operating account
5 188. (1) The following moneys are to be credited to an
operating account approved by the Treasurer --
(a) repayments of moneys loaned under section 186; and
(b) moneys borrowed under section 187.
(2) The following moneys are to be charged to the operating
10 account --
(a) moneys loaned under section 186; and
(b) repayments of moneys borrowed under section 187.
(3) In this section --
``operating account'' means a trust account established
15 and administered under section 15B of the Financial
Administration and Audit Act 1985.
Guarantee by the Treasurer
189. (1) The Treasurer may, in the name and on behalf of the
Crown in right of the State, guarantee payments to be made by
20 the Minister in respect of moneys borrowed by the Minister
under section 187 (1) (b).
(2) A guarantee is to be in such form and contain such terms
and conditions as the Treasurer determines.
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School Education Bill 1997
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(3) Before a guarantee is given --
(a) the Minister is to give to the Treasurer such security
as the Treasurer requires; and
(b) all instruments that are necessary for the purpose are
5 to be executed.
(4) The Treasurer may fix charges to be paid by the Minister
to the credit of the Consolidated Fund in respect of a guarantee
given under this section.
Payments under guarantee
10 190. (1) The due payment of moneys under a guarantee given
under section 189 is to be --
(a) made by the Treasurer; and
(b) charged to, and paid out of, the Consolidated Fund,
and this subsection appropriates that Fund accordingly.
15 (2) The Treasurer is to cause to be credited to the
Consolidated Fund any amounts received or recovered from the
Minister or otherwise in respect of any payment made by the
Treasurer under a guarantee given under section 189.
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School Education Bill 1997
cl. 191
PART 5 -- COMMUNITY KINDERGARTENS
What this Part is about
This Part requires community kindergartens to be registered by
the Minister and makes various provisions about their operation
5 and funding.
In particular it deals with --
the registration of community kindergartens that meet the
required standards (Division 2);
the operation and management of community kindergartens
10 (Division 3);
the allocation of funds appropriated by Parliament for
community kindergartens (section 210).
Division 1 -- Preliminary
Definition
15 191. In this Part, unless the contrary intention appears --
``governing body'', in relation to a kindergarten or
proposed kindergarten, means the person or body of
persons that has the ownership, management or
control of the kindergarten or proposed kindergarten.
20 Division 2 -- Registration of community kindergartens
Scheme of registration
192. The Minister may register community kindergartens for
the provision of educational programmes for children in the first
year of their pre-compulsory education period.
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School Education Bill 1997
cl. 193
Application for registration
193. (1) The governing body of a kindergarten may apply to
the Minister for the kindergarten to be registered as a
community kindergarten.
5 (2) An application is to --
(a) be made in writing at least 6 months before the day
from which registration is sought;
(b) specify the location of all the premises to be used by
the kindergarten; and
10 (c) provide any other prescribed information.
(3) The Minister may require the governing body to provide
any other information that he or she considers necessary.
Matters to be considered by Minister
194. (1) The Minister, in determining an application for
15 registration of a kindergarten is to take into account --
(a) the location of the premises to be used by the
kindergarten;
(b) the kindergarten's buildings, if any;
(c) the playground equipment and other facilities to be
20 provided; and
(d) any other matter prescribed by the regulations.
(2) The Minister may determine standards in respect of the
matters referred to in subsection (1).
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School Education Bill 1997
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Grant or refusal of registration
195. (1) The Minister is to register the kindergarten as a
community kindergarten if the Minister is satisfied that --
(a) the governing body of the kindergarten will be
5 incorporated under the Associations Incorporation
Act 1987 before the day from which registration is
sought;
(b) the constitution of the governing body of the
kindergarten is satisfactory for the purposes of this
10 Act;
(c) the members of the governing body are fit and proper
persons to operate a community kindergarten;
(d) the kindergarten will meet any standards determined
by the Minister under section 194 (2);
15 (e) the kindergarten will provide satisfactory levels of
care for the children concerned; and
(f) the kindergarten complies, or will be able to comply,
with any written laws affecting the operation of the
kindergarten.
20 (2) If the Minister is not so satisfied, he or she is to --
(a) register the kindergarten subject to specified
conditions; or
(b) refuse to register the kindergarten.
Minister to notify decision within 3 months
25 196. The Minister, within 3 months after the application is
received, is to notify the applicant in writing of the decision and,
if registration is refused, of the reasons for the refusal.
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School Education Bill 1997
cl. 197
Registration
197. (1) The Minister is to issue a certificate of registration
to the governing body of a community kindergarten that is
registered under this Part.
5 (2) The registration of a community kindergarten has
effect indefinitely unless the registration is cancelled under
section 200.
(3) The chief executive officer is to keep a register of
community kindergartens that are registered under this Part.
10 Amendment of conditions
198. (1) Where under section 195 (2) (a) a community
kindergarten is registered subject to conditions, the Minister may
decide to --
(a) impose any new condition; or
15 (b) change or remove an existing condition.
(2) The Minister is not to make a decision under
subsection (1) without first consulting the governing body of the
kindergarten.
(3) The Minister is to give written notice of any decision
20 under subsection (1) to the governing body of the kindergarten
and the decision does not take effect until --
(a) 14 days after the notice is given; or
(b) such later time as is set out in the notice.
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School Education Bill 1997
cl. 199
Age limit on attendance
199. (1) It is a condition of every registration of a community
kindergarten that a child is not to attend the community
kindergarten in a year unless --
5 (a) the first year of the child's pre-compulsory education
period falls in that year; or
(b) if paragraph (a) does not apply, the child's attendance
is approved by the chief executive officer.
(2) The chief executive officer may --
10 (a) attach any condition to; or
(b) revoke,
an approval under subsection (1) (b).
Cancellation of registration
200. (1) The Minister may cancel the registration of a
15 community kindergarten at any time if the Minister is
satisfied --
(a) that the buildings or facilities of the kindergarten
present a risk to the safety or health of the children or
staff at the kindergarten;
20 (b) that there has been mismanagement by the governing
body or its management committee;
(c) that the kindergarten or its governing body is not
complying with --
(i) this Act;
25 (ii) any relevant requirement of the Curriculum
Council Act 1997;
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School Education Bill 1997
cl. 201
(iii) any condition of the kindergarten's registration;
or
(iv) a direction given under section 202;
or
5 (d) that it is in the best interests of the children at the
kindergarten to do so.
(2) The Minister is not to cancel the registration of a
community kindergarten without first --
(a) notifying the governing body of the proposed
10 cancellation and of the reasons for it; and
(b) giving the governing body a reasonable opportunity to
show why the registration should not be cancelled.
(3) Subsection (2) does not apply if in the opinion of the
Minister the health or welfare of persons may be at risk if the
15 registration is not cancelled immediately.
(4) The Minister is to give written notice of the cancellation
to the governing body.
(5) The cancellation takes effect at such time as is specified
in the notice given under subsection (4).
20 Review of decisions in relation to registration
201. (1) The governing body of a kindergarten may apply in
writing to the Minister for a review of a decision of the
Minister --
(a) to refuse to register the kindergarten as a community
25 kindergarten;
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School Education Bill 1997
cl. 202
(b) concerning a condition to which the kindergarten's
registration is subject; or
(c) to cancel the kindergarten's registration.
(2) The application is to be made within 28 days after the
5 applicant received written notice of the decision.
(3) Where an application is made under subsection (1), the
Minister is to refer the matter to a Community Kindergarten
Registration Advisory Panel which is to examine the matter and
report to the Minister with its recommendation.
10 (4) A Community Kindergarten Registration Advisory Panel
is to give the applicant the opportunity to be heard.
(5) The Minister is to give a copy of the report of the
Community Kindergarten Registration Advisory Panel to the
applicant.
15 (6) The Minister after considering the report may confirm,
vary or reverse the decision and is to give written notice to the
applicant of the subsequent decision and written reasons for that
decision.
(7) In this section --
20 ``Community Kindergarten Registration Advisory
Panel'' means an advisory panel under section 241
established for the purposes of subsection (3) of this
section.
Division 3 -- Operation and management of community
25 kindergartens
Minister may give directions
202. (1) The Minister may give directions in writing to the
governing body of a community kindergarten requiring the
governing body to observe any standard for the time being
30 determined under section 194 (2).
(2) A governing body is to comply with a direction so given.
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Extent of role of governing body as to certain matters
203. (1) With the approval of the Minister and subject to the
regulations, a governing body for a community kindergarten or
its management committee may take part in the selection of
5 teaching staff for the kindergarten.
(2) The governing body of a community kindergarten
cannot --
(a) intervene in the educational instruction of children; or
(b) exercise authority over teaching staff or other persons
10 appointed under section 236 (2) who are employed at
the kindergarten.
(3) The number of children that may attend a community
kindergarten is to be determined by the chief executive officer.
Certain staff to be appointed by chief executive officer
15 204. The chief executive officer is to appoint such number of
teaching staff and other persons under section 236 (2) as the
chief executive officer considers appropriate for the provision of
an educational programme at a community kindergarten.
Functions of kindergarten teachers
20 205. (1) The functions of teaching staff in a community
kindergarten are --
(a) to foster and facilitate learning in children;
(b) to give competent instruction to children in accordance
with --
25 (i) the curriculum; and
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(ii) standards determined by the chief executive
officer,
and to undertake the preparation necessary to do so;
(c) to undertake regular evaluation and reporting of the
5 progress of children;
(d) to be answerable for the educational achievement of
children under his or her instruction to a principal
nominated, or an officer designated by, the chief
executive officer;
10 (e) to supervise children and to maintain proper order
and discipline on their part;
(f) to carry out administrative duties to meet
organizational requirements relevant to the teacher's
functions; and
15 (g) to perform any other prescribed function assigned by
the chief executive officer.
(2) The functions set out in subsection (1) have effect subject
to --
(a) this Act; and
20 (b) the instructions of the chief executive officer.
Curriculum and enrolment
206. (1) Sections 67 and 68 have effect as if the references in
those sections to government schools included community
kindergartens.
25 (2) The enrolment of a child at a community kindergarten is
to be in accordance with the regulations.
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Limitation on fees for instruction and charges
207. (1) Except as provided by this section, no fee or charge
may be imposed or collected for the cost of providing an
educational programme of a community kindergarten.
5 (2) Regulations may be made providing for charges that may
be made for --
(a) materials provided in an educational programme of a
community kindergarten; and
(b) services or facilities for use in, or associated with the
10 provision of, an educational programme of a
community kindergarten.
(3) Regulations may provide for the manner of determining a
charge, the kind of charge that is able to be charged for the
purposes of this section, the limits of such charges and any other
15 matter relevant to such charges and their recovery.
Management and control of community kindergarten
premises
208. Regulations made under section 119 (2) (a), (b), (f), (g), (h),
(i) and (j) have effect as if the references in those paragraphs --
20 (a) to school premises included community kindergarten
premises; and
(b) to school officials included teaching staff and other
persons appointed under section 236 (2) who are
employed at a community kindergarten.
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cl. 209
Dealing with persons disrupting community kindergarten
premises and dissemination of certain information on
community kindergarten premises
209. Sections 120 and 121 have effect as if the references in
5 those sections --
(a) to a government school included a community
kindergarten; and
(b) to a principal included a principal or an officer
referred to in section 205 (1) (d).
10 Chief executive officer may allocate moneys
210. (1) The chief executive officer may, in accordance with
the regulations, allocate moneys that have been appropriated by
Parliament for the purpose of assisting community
kindergartens.
15 (2) Moneys may only be allocated under this section in
respect of children who are --
(a) entitled to reside permanently in Australia; or
(b) members of a class of children prescribed by the
regulations.
20 (3) Regulations may be made providing for the allocation of
moneys referred to in subsection (1).
Accountability
211. (1) The chief executive officer may require a governing
body to furnish to the chief executive officer a report as to the
25 application of moneys provided under this Part.
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(2) If --
(a) the governing body fails to furnish any report required
by the chief executive officer; or
(b) any condition, limitation or restriction on the use of
5 moneys is not complied with,
the chief executive officer may recover the moneys as a debt in a
court of competent jurisdiction.
Regulations
212. Regulations may be made for the regulation and control of
10 community kindergartens.
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School Education Bill 1997
cl. 213
PART 6 -- ADMINISTRATION
What this Part is about
This Part deals with --
the functions and powers of the Minister including the power
5 of delegation (Division 1);
a department of the public service, and its chief executive
officer, to assist the Minister in the administration of the
Act, other than Part 4 (which is about non-government
schools) (Division 2);
10 the appointment, management and discipline of teaching
staff and non-teaching staff (Division 3);
the establishment of panels to advise on aspects of the
operation of the Act (Division 4).
Division 1 -- The Minister
15 Definition
213. In this Division --
``property'' means property of every kind, whether real or
personal, tangible or intangible, corporeal or
incorporeal, and any interest in property.
20 Minister to be body corporate
214. (1) For the purposes of this Act the Minister is a body
corporate with the name ``Minister for Education''.
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(2) The corporate identity of the body corporate referred to
in subsection (1) is the same as that continued by section 5 of the
Act repealed by section 246 and the continuation of the corporate
identity is not affected by the repeal.
5 (3) The Minister --
(a) has perpetual succession;
(b) is to have a common seal; and
(c) may sue and be sued in the Minister's corporate name.
Property vested in Minister
10 215. Property acquired or held for the purposes of this Act is
vested in the Minister.
Powers of Minister
216. (1) The Minister may do all things necessary or
convenient to be done for the purpose of furthering the best
15 interests of students and educational programmes in government
schools.
(2) Without limiting subsection (1) the Minister may for the
purpose mentioned --
(a) acquire, hold, manage, improve, develop and dispose of
20 property or an interest in property;
(b) accept any gift, devise or bequest if it is absolute or
subject to conditions to which the Minister agrees;
(c) subject to section 217, participate in any business
arrangement and acquire, hold and dispose of shares,
25 units or other interests in, or relating to, a business
arrangement;
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School Education Bill 1997
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(d) allow persons to undertake advertising or sponsorship,
of the kind and to the extent that is authorized by
regulations, in connection with educational activities
in government schools;
5 (e) enter into any contract or arrangement;
(f) turn to account any resource or intellectual property
that is vested in the Minister;
(g) apply for, hold, exploit and dispose of any patent,
patent rights, design rights, copyright, trademark or
10 similar rights; and
(h) use the expertise and resources of the department to
provide consultancy, advisory or other services for
profit.
(3) The Minister may for the purpose of furthering education
15 whether in the government or non-government schools --
(a) act as trustee of any trust for educational purposes; or
(b) grant allowances, awards and scholarships.
(4) In exercising any power under this section the Minister
may act in conjunction with --
20 (a) any person or firm, or a public authority; or
(b) any department of the Public Service or any agency of
the State or the Commonwealth.
(5) An agreement or arrangement for advertising or
sponsorship in relation to a government school is not to be
25 entered into by the principal of the school acting --
(a) in exercise of the power conferred by subsection
(2) (d); and
(b) as the subdelegate of the Minister under section 220,
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School Education Bill 1997
cl. 217
unless the Council for that school has approved the agreement or
arrangement.
(6) In subsection (2) --
``acquire'' includes taking on lease or licence or in any
5 other manner in which an interest in property may be
acquired;
``business arrangement'' means a company, a
partnership, a trust, a joint venture, or an
arrangement for sharing profits;
10 ``dispose of '' includes dispose of by way of lease;
``participate'' includes form, promote, establish, enter,
manage, dissolve, wind up, and do anything incidental
to participating in a business arrangement.
Treasurer to consider proposals under section 216 (2) (c)
15 217. (1) Before the Minister exercises any power conferred
by section 216 (2) (c) he or she is to --
(a) notify the Treasurer of the proposal; and
(b) seek the Treasurer's approval to it,
unless it is of a kind that the Treasurer has determined in
20 writing need not be so notified.
(2) If the Treasurer approves the proposal, he or she may
impose requirements to be complied with by the Minister in
connection with it.
(3) The Treasurer may also give directions to be complied
25 with generally by the Minister in the exercise of the powers
referred to in subsection (1).
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School Education Bill 1997
cl. 218
Licences for use of certain property
218. (1) This section applies to a licence granted by the
Minister to a person for the use of tangible property that is
vested in the Minister.
5 (2) A licence to which this section applies --
(a) must be in writing;
(b) is not to be granted for more than the allowed period
but may at the Minister's option be renewed once or
more than once for a period or successive periods, each
10 not exceeding the allowed period;
(c) may provide for a payment to be made by the licensee
in connection with the use of the property;
(d) may provide for an amount of money to be paid by the
licensee as security for the performance of the
15 licensee's obligations under the licence; and
(e) is otherwise to be on such terms and subject to such
conditions as the Minister thinks fit.
(3) The use of property in respect of which a licence to which
this section applies is not limited to the purposes of school
20 education but the use must not interfere with the normal
operations of any school to which the property relates.
(4) A licence for the use of tangible property that is vested in
the Minister is not to be granted if the use of the property would
adversely affect the safety or welfare of students, teaching staff
25 or other persons employed at any school to which the property
relates.
(5) In subsection (2) (b) --
``allowed period'' means --
(a) in the case of a licence granted by the Minister,
30 5 years; or
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School Education Bill 1997
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(b) in the case of a licence granted by a subdelegate
of the Minister acting under section 225, 2 years.
Licences for community use of certain property
219. (1) This section applies if a licence to which section 218
5 applies (``the licence'') is granted to give effect to arrangements
entered into by the Minister with a local government --
(a) to enable tangible property vested in the Minister to
be used by the community for purposes that do not
interfere with the normal operations of a school; and
10 (b) to provide for the management and control of such
use.
(2) If this section applies, section 218 (2) (b) does not apply
to the licence.
(3) If this section applies, the licence may provide for --
15 (a) the establishment, composition, powers and duties of a
management committee to manage and control the use
of the property in accordance with the licence;
(b) a payment to be made to the Minister by the local
government by way of contribution towards the costs
20 incurred in the provision of the facilities; and
(c) the appointment and remuneration of staff with
respect to the use of the land and facilities.
When school fund to receive money paid under certain
licences
25 220. Where --
(a) a licence to which section 218 applies --
(i) relates to property in respect of a particular
school; and
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School Education Bill 1997
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(ii) requires an amount of money to be paid in
accordance with section 218 (2) (c) or (d);
and
(b) the licence is granted by a subdelegate of the Minister
5 acting under section 225 and the subdelegation
expressly states that this section is to apply,
subject to section 111 (4), the money is to be credited to the
General Purposes Fund of the school in accordance with
section 112 (1) (d).
10 When school fund to receive money paid for advertising or
sponsorship
221. (1) Where --
(a) an agreement or arrangement for advertising or
sponsorship in relation to a government school is
15 entered into by the principal of the school acting --
(i) in exercise of the power conferred by
section 216 (2) (d); and
(ii) as the subdelegate of the Minister under
section 225;
20 and
(b) the subdelegation expressly states that this section is
to apply,
any money payable for the advertising or sponsorship is to be
credited to the General Purposes Fund of the school in
25 accordance with section 112 (1) (d).
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School Education Bill 1997
cl. 222
(2) The Minister is to ensure that a subdelegation does not
state that this section is to apply unless the application of the
section in the particular case is in accordance with the fair
distribution across government schools of the benefits of
5 advertising and sponsorship.
Power to exempt
222. (1) The Minister may, by order published in the
Government Gazette --
(a) exempt a school or class of schools --
10 (i) from the provisions of this Act that are specified
in the order; and
(ii) for a period not exceeding 3 years as specified in
the order;
(b) amend or repeal an order made under paragraph (a);
15 or
(c) renew an order made under paragraph (a) for a one
year period only by making the order to renew at least
6 months before the original order expires.
(2) An exemption given for the purposes of this section is of
20 no effect at any time when a condition imposed in relation to the
exemption is being contravened.
(3) Section 42 of the Interpretation Act 1984 applies to an
order, the amendment or repeal of an order or the renewal of an
order under subsection (1) as if the order were regulations within
25 the meaning of that Act, except that the reference in
section 42 (1) of that Act to 6 sitting days is, for the purposes of
its application to the order, to be construed as a reference to
9 sitting days.
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(4) The Minister is to ensure that the reasons in support of
an order, the amendment or repeal of an order or the renewal of
an order under subsection (1) are laid before each House of
Parliament in accordance with section 42 of the Interpretation
5 Act 1984 as it applies under subsection (3) of this section.
Review by Minister
223. (1) A person who is aggrieved by a decision --
(a) made by any person performing a function for the
purposes of school education; and
10 (b) concerning an individual student,
may, in addition to any other right under this Act to have the
decision reviewed, request the Minister to review the procedure
by which the decision was made.
(2) The Minister may, but is not obliged to, conduct a review
15 under this section.
(3) If, on a review under this section, the Minister is of the
opinion that --
(a) the decision was made without compliance with the
applicable procedure;
20 (b) the procedure by which the decision was made was
unfair, defective or inadequate; or
(c) the information available to the person who made the
decision was inadequate,
the Minister may recommend that the person who made the
25 decision review the procedure or reconsider the decision and may
recommend the procedure or information that the Minister thinks
is appropriate for that review or reconsideration.
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School Education Bill 1997
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(4) The regulations may regulate the practice and procedure
of reviews under this section.
(5) Nothing in this section affects the jurisdiction that the
Parliamentary Commissioner for Administrative Investigations
5 has under the Parliamentary Commissioner Act 1971.
Delegation
224. (1) The Minister may, by instrument, delegate to the
chief executive officer the performance of any of the Minister's
functions except those under section 54, 168, 201, 222 or 223.
10 (2) Subsection (1) has effect subject to sections 11 (6) and
21 (2).
(3) A delegation may be general or as otherwise provided by
the instrument of delegation.
(4) Where the chief executive officer performs a function of
15 the Minister he or she is to be taken to do so in accordance with
the terms of a delegation under this section, unless the contrary
is shown.
(5) Performance of a function by the chief executive officer
under this section is to be treated as performance by the
20 Minister.
Subdelegation
225. (1) The Minister may, in an instrument by which a
function is delegated to the chief executive officer under
section 224, authorize the chief executive officer to subdelegate
25 that function to --
(a) a specified officer; or
(b) the holder or holders for the time being of a specified
office or class of office.
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School Education Bill 1997
cl. 226
(2) Apart from subsection (1), a delegation under section 224
does not include the power to subdelegate.
(3) Section 59 of the Interpretation Act 1984 applies to a
subdelegation under this section in the same way as it applies to
5 a delegation.
(4) In this section --
``officer'' means a person who comes within a class referred
to in section 235 (1), and ``office'' has a corresponding
meaning.
10 Documents presumed duly executed
226. When a document is produced bearing a seal purporting to
be the common seal of the Minister, it is to be presumed until the
contrary is shown that the seal is the seal of the Minister and
has been duly affixed.
15 Accountability under this Division
227. Any acts or things done by the Minister under this
Division are to be regarded --
(a) as services under the control of the department for the
purposes of section 52 of the Financial Administration
20 and Audit Act 1985; and
(b) as operations of the department for the purposes of
Division 13 of Part II of that Act.
Division 2 -- The department
Department
25 228. There is to be a department of the Public Service with a
function of principally assisting the Minister in the
administration of this Act, other than in relation to --
(a) Part 4; and
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School Education Bill 1997
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(b) the application of any other provision of this Act to
students enrolled at non-government schools.
Chief executive officer
229. References in this Act, other than Part 4, to the chief
5 executive officer are, unless a contrary intention appears,
references to the chief executive officer appointed for the
department under section 45 of the Public Sector Management
Act 1994.
Delegation by chief executive officer
10 230. (1) The chief executive officer may, by instrument,
delegate to an officer the performance of any of the functions
conferred on the chief executive officer by this Act except this
power of delegation.
(2) A delegation may be general or as otherwise provided by
15 the instrument of delegation.
(3) Where an officer performs a function of the chief
executive officer he or she is to be taken to do so in accordance
with the terms of a delegation under this section, unless the
contrary is shown.
20 (4) Performance of a function by an officer under this section
is to be treated as performance by the chief executive officer.
(5) In this section --
``officer'' means a person who comes within a class referred
to in section 235 (1).
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School Education Bill 1997
cl. 231
Minister may give directions to the chief executive officer
231. The Minister may give directions in writing of a general
nature to the chief executive officer with respect to the
performance of the chief executive officer's functions under this
5 Act but the Minister cannot give a direction in relation to a
particular person.
Chief executive officer may give directions to a principal
232. The chief executive officer may give directions in writing
to the principal of a government school with respect to the
10 performance of the principal's functions under this Act, either
generally or in relation to a particular matter, and the principal
is to give effect to any such direction.
CEO's Instructions
233. (1) The chief executive officer may prepare and issue
15 instructions (``CEO's Instructions'') to be observed by persons
performing functions in the department.
(2) The CEO's Instructions must not be inconsistent with
this Act.
(3) Sections 9, 10, 15, 43 (4) and 43 (7) to (9) of the
20 Interpretation Act 1984 apply to the CEO's Instructions as if they
were regulations.
(4) A breach of the CEO's Instructions committed by a
person is not to be an offence but is to be treated for the purposes
of paragraph (a) of section 80 of the Public Sector Management
25 Act 1994 (including that paragraph as applied by section 239) as
the disobedience by that person of a lawful order.
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School Education Bill 1997
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Division 3 -- Staff employed in the department
Definitions
234. In this Division --
``other officers'' means officers referred to in
5 section 235 (1) (c);
``teaching staff '' means teaching staff referred to in
section 235 (1) (b);
``the PSMA'' means the Public Sector Management
Act 1994.
10 Categories of staff
235. (1) To enable the functions of the department to be
performed persons are to be employed in the department --
(a) as public service officers appointed or made available
under Part 3 of the PSMA;
15 (b) as members of the teaching staff;
(c) as other officers; or
(d) as wages staff.
(2) A person is not to be employed as a member of the
teaching staff unless the person holds a qualification recognized
20 by the chief executive officer as being an appropriate
qualification.
(3) Subsection (1) does not affect the power of the chief
executive officer to engage a person under a contract for services
under section 100 of the PSMA.
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School Education Bill 1997
cl. 236
Provisions applicable to teaching staff, other officers and
wages staff
236. (1) Part 3 of the PSMA does not apply to the teaching
staff, other officers and wages staff.
5 (2) The powers to engage, transfer, promote and otherwise
manage the members of the teaching staff, other officers and
wages staff are vested in the chief executive officer.
(3) The terms and conditions of service of members of the
teaching staff, other officers and wages staff are to be --
10 (a) in accordance with any relevant industrial award,
order or agreement; and
(b) not less than those provided for by the Minimum
Conditions of Employment Act 1993.
(4) Members of the teaching staff and other officers may be
15 engaged --
(a) on a full-time or part-time basis; and
(b) for an indefinite period as permanent officers, or for a
period not exceeding 5 years.
(5) Nothing in this section affects the operation of the
20 Workplace Agreements Act 1993.
(6) For the avoidance of doubt it is declared that members of
the teaching staff, other officers and wages staff are employed for
and on behalf of the Crown.
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School Education Bill 1997
cl. 237
Classification of teaching staff
237. Without limiting section 29 (1) (h) of the PSMA the
teaching staff is to consist of the following classes --
(a) school administrators, that is --
5 (i) principals; and
(ii) any other office or position, or class of office or
position, prescribed by the regulations;
(b) teachers other than school administrators; and
(c) any other class prescribed by the regulations.
10 Transfer of teacher to another category of employee
238. (1) The chief executive officer may, if he or she considers
that it is in the interests of the department to do so, determine
that --
(a) a person who is a member of the teaching staff is to
15 become an officer of the class mentioned in
section 235 (1) (a) or (c); or
(b) a person who has been the subject of a determination
under paragraph (a) of this subsection is to again
become a member of the teaching staff.
20 (2) Except where section 239 (2) applies, a determination
under subsection (1) of this section is only to be made with the
consent of the person concerned.
(3) Regulations may be made in respect of the entitlement of
persons who are the subject of a determination under
25 subsection (1) to rights and benefits that had accrued or were
accruing at the time when the determination took effect.
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School Education Bill 1997
cl. 239
Teaching staff and other officers, substandard
performance and disciplinary matters
239. (1) Part 5 of the PSMA has effect as if in that Part
references to --
5 (a) an employee included --
(i) a member of the teaching staff; and
(ii) an officer who comes within section 235 (1) (c);
and
(b) an employing authority that is not the Minister
10 (within the meaning in that Part) included references
to the chief executive officer.
(2) In addition to the actions that may be taken under the
provisions of sections 79 (3) and 86 (3) (b) (ii) of the PSMA, the
chief executive officer may under those provisions make a
15 determination under section 238 (1) (a) in respect of a member of
the teaching staff.
(3) Without limiting section 80 of the PSMA, a contravention
of this Act is to be taken to be a breach of discipline for the
purposes of that section.
20 Employee may be ordered to leave school premises
240. (1) If the chief executive officer suspects --
(a) that a person employed at the premises of a
government school is guilty of an act or omission that
comes within section 80 of the PSMA (whether or not
25 that section applies to the person); and
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School Education Bill 1997
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(b) that the continued presence of the person on the
school premises constitutes a risk to the safety or
welfare of students on the premises,
the chief executive officer may, by order in writing given to the
5 person, require him or her to leave the school premises and
remain away --
(c) until --
(i) in the case of a member of the wages staff, any
relevant procedures have been followed; or
10 (ii) in the case of other staff proceedings against the
person are terminated (within the meaning of
section 82 (2) of the PSMA);
or
(d) until the order is sooner revoked.
15 (2) The chief executive officer is to ensure that written
reasons for issuing an order under subsection (1) are provided
with the order.
(3) A person must comply with an order given to him or her
under subsection (1).
20 Penalty: $5 000 or imprisonment for 6 months.
(4) The power conferred by this section is in addition to the
powers in Part 5 of the PSMA.
Division 4 -- Advisory panels
Advisory panels
25 241. (1) Without limiting section 39, 87 or 93 the Minister
may establish advisory panels for the purposes of this Act.
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School Education Bill 1997
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(2) The Minister is to determine --
(a) provisions for the membership, constitution,
procedures and discharge of an advisory panel; and
(b) in what circumstances and on what matters the panel
5 is to advise.
(3) The members of an advisory panel are to be persons who
have such experience, skills, attributes or qualifications as the
Minister considers appropriate to enable them to effectively
perform their advisory function.
10 (4) Subject to this section, an advisory panel may determine
its own procedure.
(5) In performing its functions in relation to a particular
child or student, or class of children or students, an advisory
panel may have regard to the social, cultural, lingual, economic
15 or geographic factors, or learning difficulties, that might be
relevant to the matter before the panel.
(6) The Minister is to ensure that each advisory panel is
provided with such support services as it may reasonably require.
(7) The Minister may --
20 (a) direct that some or all of the members of an advisory
panel are to be paid remuneration or allowances or
both; and
(b) determine the amount of any such payments on the
recommendation of the Minister for Public Sector
25 Management.
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School Education Bill 1997
cl. 242
PART 7 -- MISCELLANEOUS
What this Part is about
This Part deals with --
the requirement of confidentiality (section 242);
5 who can take legal proceedings (section 243);
the regulations required for carrying out the Act
(section 244);
a review of the Act after 5 years (section 245);
the repeal of the Education Act 1928 and the transition from
10 that Act to the new Act (section 246 and Schedule 1).
Confidentiality
242. (1) A person must not disclose or make use of
information to which this section applies except --
(a) in the course of duty;
15 (b) for the purpose of proceedings for an offence against
this Act;
(c) under and in accordance with this Act or any other
law;
(d) with the authority of the Minister or all persons to
20 whom the information relates; or
(e) in other prescribed circumstances.
Penalty: $5 000 or imprisonment for 6 months.
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School Education Bill 1997
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(2) This section applies to information contained in any
register or document of or in the possession or under the control
of --
(a) the Minister;
5 (b) the chief executive officer or the chief executive officer
referred to in section 151, as is relevant to the case;
(c) the department or the department referred to in
section 228, as is relevant to the case;
(d) the principal of a government school; or
10 (e) a panel appointed for the purposes of this Act.
Legal proceedings
243. (1) Any proceedings for an offence under this Act, other
than for an offence under section 45, and any proceedings under
section 106 may be taken in the name of the chief executive
15 officer or a person authorized in that behalf by the chief
executive officer.
(2) In any proceedings no proof is required of --
(a) the appointment of the chief executive officer; or
(b) the authorization of a person under subsection (1),
20 but an averment in a complaint that the person is so appointed
or authorized is to be taken to be proved in the absence of
evidence to the contrary.
(3) Subsection (1) does not limit the ability of a person to
make a complaint or conduct the prosecution of an offence if the
25 person has authority at law to do so.
167
School Education Bill 1997
cl. 244
Regulations
244. (1) The Governor may make regulations prescribing all
matters that are required or permitted by this Act to be
prescribed, or are necessary or convenient to be prescribed, for
5 carrying out, or giving effect to the purposes of, this Act.
(2) Without limiting subsection (1) the regulations may --
(a) create offences punishable by a fine not exceeding
$2 000;
(b) confer power on the Minister to grant exemptions from
10 provisions of the regulations, and to impose conditions
subject to which an exemption applies; and
(c) regulate the practice and procedure of advisory panels
established by or under this Act.
(3) Regulations for the purposes of section 216 (2) (d) may
15 provide for --
(a) the duration of an agreement or arrangement for
advertising or sponsorship in relation to a government
school;
(b) naming rights in relation to advertising or sponsorship
20 in relation to a government school;
(c) the means of ensuring that advertising or sponsorship
in relation to a government school does not interfere
with the normal operations of the school; and
(d) the extent to which teaching materials may be
25 involved in advertising or sponsorship in relation to a
government school.
168
School Education Bill 1997
cl. 245
Review of Act
245. (1) The Minister is to carry out a review of the operation
and effectiveness of this Act not later than 5 years after its
commencement.
5 (2) The Minister is to prepare a report based on the review
carried out under subsection (1) and, as soon as practicable after
that preparation, is to cause that report to be laid before each
House of Parliament.
Repeal, savings and transitional
10 246. (1) The Education Act 1928 is repealed.
(2) The Education Regulations 1960 are repealed.
(3) The School Premises Regulations 1981 are repealed.
(4) Schedule 1 has effect to make transitional provisions.
Consequential amendments
15 247. The Acts specified in Schedule 2 are amended as set out
in that Schedule.
169
School Education Bill 1997
Sch. 1
SCHEDULE 1 -- TRANSITIONAL PROVISIONS
[Section 246 (4)]
Definitions
1. In this Schedule --
5 ``commencement'' means the commencement of this Act;
``repealed Act'' means the Education Act 1928.
Interpretation Act 1984 not affected
2. The provisions of this Schedule do not affect the application of the
Interpretation Act 1984 to and in relation to the --
10 (a) repeal effected by section 246; or
(b) any other aspect of the operation of this Act.
Property vested in Minister
3. All property that immediately before the commencement is vested
in the Minister under section 6 of the repealed Act is, on the
15 commencement, vested in the Minister for the purposes of section 215.
Delegations under section 6AA
4. A delegation under section 6AA of the repealed Act that is in force
immediately before the commencement is to be taken on the
commencement to be a delegation under section 224.
20 Agreements and licences under section 6A
5. An arrangement entered into, and a licence granted, under
section 6A of the repealed Act that are in force immediately before the
commencement are to be taken on the commencement to be
respectively --
25 (a) an arrangement entered into under section 219; and
(b) a licence to give effect to that arrangement granted in
terms of subsection (2) of that section.
170
School Education Bill 1997
Sch. 1
Licences under section 6B
6. (1) Section 218 (3) applies to a licence under section 6B of the
repealed Act for the use of tangible property vested in the Minister that
is in force immediately before the commencement.
5 (2) Section 220 applies to a licence referred to in subclause (1) if
immediately before the commencement it came within section 6C of the
repealed Act.
Staff
7. (1) A person --
10 (a) appointed by the Minister as a teacher in the Education
Department under section 7 (2) of the repealed Act; and
(b) holding office as such immediately before the
commencement,
is to be taken on the commencement to have been engaged as a member
15 of the teaching staff under section 236 (2).
(2) A person --
(a) appointed by the Minister as an employee (other than as a
teacher) in the Education Department under section 7 (2) of
the repealed Act; and
20 (b) employed under that section immediately before the
commencement,
is to be taken on the commencement to have been engaged as an officer
(not being a member of the teaching staff) referred to in section 236 (2).
(3) The operation of this clause in relation to a person's
25 employment does not --
(a) affect the person's remuneration or terms and conditions of
employment;
(b) prejudice the person's existing or accruing rights;
(c) affect any rights under a superannuation scheme; or
30 (d) interrupt continuity of service.
171
School Education Bill 1997
Sch. 1
Inquiries under section 7C
8. (1) If before the commencement an inquiry under section 7C (3)
of the repealed Act has begun in relation to a teacher, the inquiry may
continue and be completed and --
5 (a) the chief executive officer may exercise powers under the
section; and
(b) the section otherwise applies,
in relation to the teacher as if the section had not been repealed.
(2) For the purposes of subsection (1) an inquiry has begun under
10 section 7C (3) if the chief executive officer has in writing requested a
person to hold the inquiry.
Enrolments
9. (1) The enrolment of a student at a government school that has
effect immediately before the commencement is to be taken as an
15 enrolment under this Act.
(2) Subclause (1) applies whether or not the enrolment is in
accordance with Division 4 of Part 3, but does not limit the exercise of
the powers in section 20, 83 or 92 (6).
Government schools
20 10. (1) A government school that immediately before the
commencement is in existence as a primary school or a secondary school
under section 9 of the repealed Act is to be taken on the commencement
to have been established under section 55 with the same classification.
(2) If, within 6 months of the commencement, the chief executive
25 officer declares a government school to be a local-intake school the area
for the purposes of section 60 (1) (b) in relation to the school is to be
taken to be the area described in relation to the school in a notice under
section 21 (2) of the repealed Act, unless the chief executive officer
otherwise defines the area.
30 Efficient schools
11. (1) A school that immediately before the commencement is
registered in the register of efficient schools under section 32B of the
repealed Act is to be taken on the commencement to be registered
under section 160.
172
School Education Bill 1997
Sch. 1
(2) If a school referred to in subclause (1) is included in an order
under section 169 it is to be taken to be registered as a system school
for the purposes of section 156 (2).
(3) Subject to Part 4, the registration provided for by subclause (1)
5 continues in force for 3 years from the commencement.
Certain existing pre-school centres continued as registered
schools
12. (1) A pre-school centre --
(a) for which a permit was in force under Part VIA of the
10 repealed Act immediately before the commencement; and
(b) which does not have on its staff any employee who comes
within a class referred to in section 235 (1),
is to be taken after the commencement to be registered under
section 160 as a non-system school as if the permit were a certificate of
15 registration under section 162.
(2) Subject to Part 4, the registration provided for by subclause (1)
continues in force for 3 years from the commencement.
Certain existing care-centres and pre-school centres continued
13. (1) A care-centre or a pre-school centre --
20 (a) for which a permit was in force under Part VIA of the
repealed Act immediately before the repeal; and
(b) which has on its staff any employee who comes within a
class referred to in section 235 (1),
may continue in operation, but is to be known as a community
25 kindergarten.
(2) A permit referred to in subclause (1) continues in force as a
registration under Part 5.
(3) Despite sections 192 and 199 (1) (a), a child may attend a
community kindergarten continued by this clause in a year other than
30 the first year of the child's pre-compulsory education period until
1 January 2001.
173
School Education Bill 1997
Sch. 1
Superannuation of former employees of the W.A. Pre-School
Board
14. (1) This clause applies to a teacher who --
(a) immediately before he or she became a teacher was --
5 (i) an employee of the Western Australian Pre-School
Board; and
(ii) a contributor to a scheme maintained by that Board
for the purposes of making financial provision for the
retirement, invalidity or death of employees of that
10 Board;
and
(b) has not become a contributor for the purposes of the
Superannuation and Family Benefits Act 1938 or a member
for the purposes of the Government Employees
15 Superannuation Act 1987.
(2) The Minister may, with the approval of the Treasurer,
participate in and make contributions under the scheme referred to in
subclause (1) in respect of a teacher referred to in that subclause.
Notices under section 9A
20 15. (1) A notice under section 9A (2) of the repealed Act that is in
force immediately before the commencement is to be taken on the
commencement to be an order under section 183.
(2) Guidelines referred to in section 9A (5) (b) of the repealed Act
that are in operation immediately before the commencement continue in
25 operation after the commencement for the purposes of section 184 (b).
Bank account
16. A bank account that immediately before the commencement is an
approved account for the purposes of section 9B (5) (b) of the repealed
Act is to be taken on the commencement to have been approved for the
30 purposes of section 113 (1).
Registration for home education
17. A decision under section 14 (a) of the repealed Act (that the
instruction of a child at home is efficient) that is in force immediately
before the commencement is to be taken on the commencement to be a
35 registration under section 48.
174
School Education Bill 1997
Sch. 1
Directions under section 20A
18. A direction under section 20A of the repealed Act that is in force
immediately before the commencement continues in force despite the
repeal but may at any time be revoked by the chief executive officer.
5 Suspension and exclusion of students
19. (1) A suspension under section 20G (1) of the repealed Act that
is in force immediately before the commencement is to be taken on the
commencement to be a suspension under section 90.
(2) If before the commencement a recommendation has been made
10 under section 20G (2) of the repealed Act but no determination has
been made by the Minister, the recommendation is to be treated after
the commencement as if it had been made to the chief executive officer
under section 92 (1).
(3) An order under section 20G (4) of the repealed Act that is in
15 force immediately before the commencement --
(a) is to be taken on the commencement to be an order made
by the chief executive officer under section 92 (6); and
(b) may be revoked or amended under section 94 (3).
School decision-making groups
20 20. (1) A school decision-making group for a government school
that immediately before the commencement is in existence under
Part VA of the repealed Act is to be taken on the commencement to be
the Council established for the school under section 125.
(2) Regulations may be made under section 244 providing for --
25 (a) the way in which matters relating to Councils referred to in
subclause (1) are to be changed so that they conform to the
requirements of Subdivision 1 of Division 8 of Part 3; and
(b) the time by which those changes are to be made.
Parents and Citizens' Associations
30 21. A Parents and Citizens' Association for a government school or
group of schools that immediately before the commencement is in
existence under Part VI of the repealed Act is to be taken on the
commencement to be the Parents and Citizens' Association formed for
the school or group of schools under section 142.
175
School Education Bill 1997
Sch. 1
Transitional on repeal of Industrial Relations Act 1979 s. 23B
22. An appeal in respect of any matter referred to in
section 23B (1) (a), (b) or (c) of the Industrial Relations Act 1979 arising
before the commencement of this Act may be --
5 (a) determined;
(b) heard and determined; or
(c) instituted, heard and determined,
as the case requires, under the Industrial Relations Act 1979 as if
section 23B of that Act had not been repealed by this Act.
10 Transitional regulations
23. (1) If there is no sufficient provision in this Schedule for
dealing with a matter that needs to be dealt with for the purpose of the
transition from the repealed Act to this Act, regulations may prescribe
all matters that are required or necessary or convenient to be
15 prescribed for dealing with the matter.
(2) Regulations under subclause (1) may provide that specific
provisions of this Act or of subsidiary legislation made under this
Act --
(a) do not apply; or
20 (b) apply with or without specified modifications,
to or in relation to any matter or thing.
(3) Regulations under subclause (1) may have effect before the day
on which they are published in the Government Gazette.
(4) To the extent that a regulation under subclause (1) has effect
25 before the day of its publication in the Government Gazette, it does
not --
(a) affect in a manner prejudicial to any person (other than the
State), the rights of that person existing before the day of
its publication; or
30 (b) impose liabilities on any person (other than the State) in
respect of anything done or omitted to be done before the
day of its publication.
176
School Education Bill 1997
Sch. 2
SCHEDULE 2 -- CONSEQUENTIAL AMENDMENTS
[Section 247]
Adoption Act 1994
Schedule 1 is amended by deleting clause 2 (1) (f) and substituting the
5 following --
``
(f) a person employed as a member of the teaching staff within
the meaning of the School Education Act 1999 or as a
teacher of a non-government school within the meaning of
10 that Act;
''.
Child Welfare Act 1947
1. Section 40A is amended by deleting ``, or under section 17B or 18 of
the Education Act 1928,''.
15 2. Section 52 (1) is amended by deleting ``Education Act 1928'' and
substituting the following --
`` School Education Act 1999 ''.
3. Section 106 is amended by deleting ``section 13 (4) of the Education
Act 1928'' and substituting the following --
20 `` section 11 of the School Education Act 1999 ''.
Children's Court of Western Australia Act 1988
Section 20 (b) is deleted and the following paragraph is substituted --
``
(b) under section 29 or 38 (1) of the School Education
25 Act 1999
''.
Community Services Act 1972
1. Section 3 is amended in the definition of ``child care service'' in
paragraph (ff) by deleting ``required to be authorized by permit under
30 Part VIA of the Education Act 1928'' and substituting the following --
``
of a kind provided at a community kindergarten registered under
Part 5 of the School Education Act 1999
''.
177
School Education Bill 1997
Sch. 2
2. Section 3 is amended in the definition of ``pre-school age'' by
deleting ``below the minimum age for admission to year 1 of a
Government primary school'' and substituting the following --
``
5 before the child reaches the compulsory education period within
the meaning of the School Education Act 1999
''.
Constitution Acts Amendment Act 1899
Schedule V is amended, in Part 2, Division 2, by deleting ``Education
10 Act 1928'' and substituting the following --
`` School Education Act 1999 ''.
Country High School Hostels Authority Act 1960
Section 11 (1) (b) is amended by deleting ``section six of the Education
Act, 1928'' and substituting the following --
15 `` section 215 of the School Education Act 1999 ''.
Curriculum Council Act 1997
1. Section 3 is amended --
(a) in the definition of ``Education Department'' by deleting
``has the same meaning as in the Education Act 1928'' and
20 substituting the following --
``
means the department referred to in section 228 of
the School Education Act 1999
'';
25 (b) in the definition of ``education provider'' by deleting
paragraph (b) and substituting the following paragraph --
``
(b) in relation to a student, a parent of the student
who is registered under the School Education
30 Act 1999 as the student's home educator;
'';
(c) in the definition of ``governing body'' in paragraph (a) by
deleting ``Government school as defined in the Education
Act 1928'' and substituting the following --
35 ``
government school as defined in the School Education
Act 1999
'';
178
School Education Bill 1997
Sch. 2
(d) by deleting the definition of ``home schooling'' and
substituting the following definition --
``
``home education'', in relation to a student, means
5 instruction provided by a parent who is
registered under the School Education Act 1999
as the student's home educator;
'';
(e) in the definition of ``school'' by deleting ``, or pre-school
10 centre, as defined in the Education Act 1928'' and
substituting the following --
``
as defined in the School Education Act 1999 or a
community kindergarten registered under Part 5 of
15 that Act
'';
and
(f) in the definition of ``student'' by deleting ``home schooling''
and substituting the following --
20 `` home education ''.
2. Section 10 (1) (b) is amended by deleting ``home schooling to a
student is to ensure that the schooling'' and substituting the
following --
`` home education to a student is to ensure that the education ''.
25 3. Section 10 (2) (a) is amended by deleting ``home schooling'' and
substituting the following --
`` home education ''.
Curtin University of Technology Act 1966
1. Section 9 (1) (c) is amended by deleting ``Education Act 1928'' and
30 substituting the following --
`` School Education Act 1999 ''.
2. Section 29 (1) is amended --
(a) by inserting after ``1928'' the following --
``
35 or section 235 (1) (c) of the School Education
Act 1999
'';
179
School Education Bill 1997
Sch. 2
and
(b) by inserting after ``1938'' the following --
``
or the Government Employees Superannuation
5 Act 1987
''.
3. Section 29 (2) is amended by inserting after ``1938'' the
following --
`` or the Government Employees Superannuation Act 1987 ''.
10 4. Section 31 (1) (b) is amended by deleting ``section 6 of the
Education Act 1928'' and substituting the following --
`` section 215 of the School Education Act 1999 ''.
Declarations and Attestations Act 1913
The Schedule is amended, in item 6, by deleting ``A teacher within the
15 meaning of the Education Act 1928.'' and substituting the following --
``
A person employed as a member of the teaching staff within the
meaning of the School Education Act 1999 or as a teacher of a
non-government school within the meaning of that Act.
20 ''.
Edith Cowan University Act 1984
1. Section 9 (1) (aa) is amended by deleting ``Education Act 1928'' and
substituting the following --
`` School Education Act 1999 ''.
25 2. Section 28 (1) (b) is amended by deleting ``section 6 of the
Education Act 1928'' and substituting the following --
`` section 215 of the School Education Act 1999 ''.
3. Section 32 (1) is amended --
(a) by inserting after ``1928'' the following --
30 ``
or section 235 (1) (c) of the School Education
Act 1999
'';
180
School Education Bill 1997
Sch. 2
(b) by deleting ``Colleges Act'' and substituting the following --
``
Colleges Act 1978 or the Vocational Education and
Training Act 1996
5 '';
and
(c) by inserting after ``1938'' the following --
``
or the Government Employees Superannuation
10 Act 1987
''.
4. Section 32 (2) is amended by inserting after ``1938'' the
following --
`` or the Government Employees Superannuation Act 1987 ''.
15 Education Service Providers (Full Fee Overseas Students)
Registration Act 1991
Section 5 is amended by deleting ``Education Act 1928'' and substituting
the following --
`` School Education Act 1999 ''.
20 Equal Opportunity Act 1984
Section 4 (1) is amended in the definition of ``private educational
authority'' by deleting ``Education Act 1928'' and substituting the
following --
`` School Education Act 1999 ''.
25 Government Employees' Housing Act 1964
1. Section 5 is amended in the definition of ``Department'' by deleting
``under the administration of a Minister of the Crown in the
Government of the State pursuant to the provisions of the Public
Service Act, 1904, or the Education Act, 1928'' and substituting the
30 following --
``
which principally assists the Minister for Public Sector
Management or the Minister in the administration of Part 3 of
the School Education Act 1999
35 ''.
181
School Education Bill 1997
Sch. 2
2. Section 8 (2) is amended by deleting paragraph (c) and
substituting the following --
``
(c) one shall be the chief executive officer of the department
5 referred to in section 228 of the School Education Act 1999
or a person employed in that department under
section 235 (1) (a), (b) or (c) of that Act, nominated in
writing by the chief executive officer;
''.
10 Health Act 1911
Section 3 (1) is amended in the definition of ``lodging-house'' by deleting
paragraph (b) and substituting the following paragraph --
``
(b) residential accommodation for students in a
15 non-government school within the meaning of the School
Education Act 1999
''.
Industrial Relations Act 1979
1. Section 7 (1) is amended by deleting the definitions of ``Minister for
20 Education'' and ``teacher''.
2. Section 23B is repealed.
3. Section 29 (1a) is repealed.
4. Section 31 (1) (c) (ii) is amended by deleting ``an appeal under
section 23B,''.
25 5. Section 49 (2b) is repealed.
6. Section 80C (1) is amended --
(a) in paragraph (f) of the definition of ``Government officer'' by
deleting ``institution.'' and substituting the following --
`` institution; ''; and
30 (b) by inserting after the definition of ``Government officer'' the
following definition --
``
``teacher'' includes --
(a) any person employed as a member of the
35 teaching staff under section 235 (1) (b) of
the School Education Act 1999;
182
School Education Bill 1997
Sch. 2
(b) any person who is a member of the
teaching staff or another person
appointed under section 236 (2) and who
is employed at a community kindergarten
5 registered under Part 5 of the School
Education Act 1999,
but does not include any public service officer,
whether or not that public service officer holds
or acts in a position in respect of which a
10 teaching academic qualification is required.
''.
Library Board of Western Australia Act 1951
1. Section 5 (3) is amended by deleting ``Education Department as
defined in the Education Act 1928'' and substituting the following --
15 ``
department referred to in section 228 of the School Education
Act 1999
''.
2. Section 5 (9) (aa) is amended by deleting ``Education Act 1928'' and
20 substituting the following --
`` School Education Act 1999 ''.
Litter Act 1979
Section 9 (1) (g) is amended by deleting ``Education Department as
defined in the Education Act 1928'' and substituting the following --
25 ``
department referred to in section 228 of the School Education
Act 1999
''.
Local Government Act 1995
30 Section 6.26 (2) (f) is amended by deleting ``private school which is
registered under section 32A (1) of the Education Act 1928'' and
substituting the following --
``
non-government school within the meaning of the School
35 Education Act 1999
''.
183
School Education Bill 1997
Sch. 2
Murdoch University Act 1973
1. Section 12 (1) (b) is amended by deleting ``Education Act 1928'' and
substituting the following --
`` School Education Act 1999 ''.
5 2. Section 28 (1) (b) is amended by deleting ``section 6 of the
Education Act 1928'' and substituting the following --
`` section 215 of the School Education Act 1999 ''.
Museum Act 1969
Section 37 (3) (b) is amended by deleting ``Education Department as
10 defined in the Education Act 1928'' and substituting the following --
``
department referred to in section 228 of the School Education
Act 1999
''.
15 Public Education Endowment Act 1909
1. Section 1A is amended --
(a) in the definition of ``chief executive officer of the
department'' by deleting ``Education Department as defined
in the Education Act 1928'' and substituting the
20 following --
``
department referred to in section 228 of the School
Education Act 1999
'';
25 and
(b) in the definition of ``purposes of public education'' by
deleting ``Government School, as defined in section 3 of the
Education Act 1928'' and substituting the following --
``
30 government school within the meaning of the School
Education Act 1999
''.
184
School Education Bill 1997
Sch. 2
2. Section 2 is amended by deleting ``Education Act 1928'' and
substituting the following --
`` School Education Act 1999 ''.
Road Traffic Act 1974
5 Section 10 (1) (f) is amended by deleting ``Education Act 1928'' and
substituting the following --
`` School Education Act 1999 ''.
Spent Convictions Act 1988
Schedule 3 is amended, in the Table to clause 2 --
10 (a) in item 1, by deleting ``teacher as defined in section 3 of the
Education Act 1928'' and substituting the following --
``
a member of the teaching staff within the meaning of
the School Education Act 1999 or as a teacher of a
15 non-government school within the meaning of that
Act
'';
and
(b) in item 2, by deleting ``a care centre or pre-school centre
20 under the Education Act 1928'' and substituting the
following --
``
a community kindergarten registered under Part 5 of
the School Education Act 1999
25 ''.
University of Western Australia Act 1911
Section 10 (e) is amended by deleting ``Education Act 1928'' and
substituting the following --
`` School Education Act 1999 ''.
30 Vocational Education and Training Act 1996
Section 6 (2) is amended by deleting ``Education Act 1928'' and
substituting the following --
`` School Education Act 1999 ''.
185
School Education Bill 1997
Sch. 2
Western Australian Planning Commission Act 1985
Section 19 (1g) (a) (iv) is amended by deleting ``Education Department
as defined in the Education Act 1928'' and substituting the following --
``
5 department referred to in section 228 of the School Education
Act 1999
''.
Young Offenders Act 1994
Section 37 (2) (a) is amended by deleting ``Education Act 1928'' and
10 substituting the following --
`` School Education Act 1999 ''.
186
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