Western Australian Current Acts

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           Long Title

   PART 1 -- Preliminary  

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Terms used
   5.      Term used: pre-compulsory education period
   6.      Term used: compulsory education period
   8.      Notes not part of Act

   PART 2 -- Enrolment and attendance

           Division 1 -- Compulsory education with alternatives in final years of compulsory education

              Subdivision 1 -- Enrolment of children of compulsory school age  

   9.      When enrolment compulsory
   10.     Ways in which s. 9 satisfied
   11AA.   Proof of enrolment to be provided
   11.     Exemption from s. 9(1), Minister may grant etc.

              Subdivision 1A -- Alternatives to the operation of section 9 in final years of compulsory education  

   11A.    Terms used
   11B.    Options other than school etc. in final 2 years
   11C.    Participation s. 11B option to be full-time
   11D.    Arrangements under s. 11B, parent to notify Minister of etc.
   11E.    Child enrolled under s. 11B in combination of courses, application of s. 11D to
   11F.    Notice under s. 11D or 11E, duration and effect of
   11G.    Employment for s. 11B(1)(d), Minister’s approval of required etc.
   11H.    Child employed with s. 11G approval, parent to notify Minister of etc.
   11I.    Child to participate in options notified under s. 11D, 11E or 11H
   11J.    Participation by child, what constitutes
   11K.    Notice etc. by parent under s. 11D, 11G and 11H, Minister’s functions as to
   11L.    Independent child, designating child to be
   11M.    Minister’s functions as to this Subdivision
   11N.    Regulations for this Subdivision

              Subdivision 2 -- Inquiries to check compliance with sections 9 and 11I  

   12.     Authorised persons, authorisation of
   13.     Authorised person, powers of
   14.     Authorised person, certificate of authorisation for
   15.     Pretending to be authorised person, offence

           Division 2 -- Enrolment, all schools  

   16.     Information required when applying to enrol
   17.     Change of s. 16 particulars, principal to be notified of
   18.     Child enrolment application by one parent, principal may act on
   19.     Enrolment register, principal’s duties as to
   20.     Cancelling enrolment, principal’s powers as to
   21.     Removing child from school register, when allowed

           Division 3 -- Attendance, all schools  

   22.     Term used: school
   23.     Attendance requirements
   24.     Attendance at place outside school, arrangement for etc.
   25.     When student excused from attendance
   26.     Doubtful reasons given for child’s non-attendance, principal may refer to Attendance Panel etc.
   27.     Infectious etc. student, principal may require non-attendance of
   28.     Attendance records, principal’s duties as to
   29.     Employing child during school hours, offence

           Division 4 -- Government schools, absence for special observance  

   30.     Recognized religious or cultural period, child excused from attendance for
   31.     Days etc. to which s. 30 applies

           Division 5 -- Absentee students and non-participating children

              Subdivision 1 -- Preliminary  

   32.     Terms used

              Subdivision 2 -- Attendance officers  

   33.     Attendance officers, designation of
   34.     Attendance officer, certificate of designation for
   35.     Pretending to be attendance officer, offence

              Subdivision 3 -- Powers of attendance officers  

   36.     Powers to detain and question and to enter public places
   37.     Obstructing etc. attendance officer, offence

              Subdivision 4 -- Dealing with non-attendance and non-participation and enforcing attendance and participation  

   38.     Breach of s. 23, offence by parent and child
   39.     Attendance Panel, appointment and procedure of etc.
   40.     Persistent breach of s. 23, referral of case to Attendance Panel
   41.     Prosecution of s. 9 or 38 offence, commencement of if case referred to Attendance Panel
   42.     Prosecution of s. 9 or 38 offence, prerequisites to commencing
   43.     Proceedings for s. 9 or 38 offence, parent may be required to bring child to court
   44.     Evidentiary matters for s. 9 and 38 charges
   45.     Prosecution of s. 9 and 38 offences, who may conduct

           Division 6 -- Home education  

   46.     Term used: home educator
   47.     Registration as child’s home educator, application for
   48.     Registration of home educator, CEO’s functions as to
   49.     Home educator to inform CEO of certain matters
   50.     Home education moderators, appointment of
   51.     Evaluation of child’s educational programme and progress, when required etc.
   52.     CEO may notify home educator of concern and require evaluation
   53.     Cancelling s. 48 registration, CEO’s functions as to
   54.     Review of s. 53 decision

   PART 3 -- Government schools

           Division 1 -- Establishment, closure etc.  

   55.     Establishing etc. school, Minister’s powers as to
   56.     Closing, amalgamating etc. schools, Minister’s powers as to
   57.     Consultation requirements before s. 56 power exercised
   58.     Permanent closure, procedure for
   59.     Permanent closure for safety or welfare reasons
   60.     Local-intake schools, declaration of etc.

           Division 2 -- Functions of chief executive officer, principals and teachers  

   61.     CEO’s functions
   62.     Principals, appointment of
   63.     Principal’s functions
   64.     Teacher’s functions
   65.     Assigned function etc. not to be inconsistent with industrial arrangements

           Division 3 -- Educational instruction  

   66.     Terms used
   67.     Curriculum, determination of
   68.     Curriculum not to promote certain matters
   69.     Special religious education, provision of
   70.     Prayers etc., principal to consult school Council about
   71.     Special religious instruction etc., parent may withdraw child from
   72.     Conscientious objection to subject, principal may exempt child from classes on
   73.     Child with disability, educational programme for
   74A.    Child in early education period, educational programme for

           Division 4 -- Enrolment  

   74.     Application for enrolment of child
   75.     Enrolment of child, principal’s duties as to
   76.     General residential qualification for child to be enrolled
   77.     Child below compulsory school age, when entitled to be enrolled
   78.     Child of compulsory school age, when entitled to be enrolled at local-intake school
   79.     Child of compulsory school age, when entitled to be enrolled at non local-intake school
   81.     Enrolment of person after compulsory education period
   82.     Question under s. 76, 77, 78 or 79, resolving
   83.     Inappropriate enrolment, CEO’s powers to cancel
   84.     Decision under s. 82 or 83 as to educational programme, CEO to consider certain matters for
   85.     CEO may ask advisory panel for advice for s. 82 or 83 decision
   86.     Child with disability, decision under s. 82 or 83 as to educational programme for
   87.     Disabilities Advisory Panel, appointment of etc.

           Division 5 -- Suspension and exclusion  

   88.     Terms used
   89.     Term used: breach of school discipline
   90.     Breach of school discipline, suspension for
   91.     Excluding student from school attendance, grounds for
   92.     Excluding student from school attendance, procedure for
   93.     School Discipline Advisory Panel, appointment of etc.
   94.     Excluding student etc., orders as to that CEO may make
   95.     Student enrolled after compulsory education period, principal’s power to exclude from school attendance
   96.     Decision under s. 95, review of

           Division 6 -- Financial provisions

              Subdivision 1 -- Fees for instruction, charges, contributions and costs  

   97.     Terms used
   98.     Fees for instruction and charges, limits on imposing
   99.     Charges etc. for materials, services and facilities, determining etc.
   100.    Extra cost optional component of educational programme, determining cost for etc.
   101.    Optional components that are not extra cost optional components to be available to certain students
   102.    Charges etc. to be paid to principal
   103.    Overseas and adult students to pay fees for instruction
   104.    Reduction etc. of fees etc., regulations about
   105.    Students (other than overseas and adult students) cannot be excluded for non-payment of charges
   106.    Recovering fees etc.
   107.    Agreements to pay costs not affected
   108.    Items to be supplied by student for personal use in educational programme, determining etc.

              Subdivision 2 -- School funds  

   109.    General Purposes Fund, each school has
   110.    Funds for donations etc., establishing
   111.    Management of school funds
   112.    Money to be credited to General Purposes Fund etc.
   113.    Bank account for school funds
   114.    Financial Management Act 2006 s. 8 and 34, application of to s. 109 to
   115.    Investment of school funds
   116.    Closure etc. of school, how school funds to be dealt with in case of

           Division 7 -- Other management provisions  

   117.    School year for government schools, how determined
   118.    Disputes and complaints, regulations for dealing with
   119.    School premises, regulations for management etc. of
   120.    Non-student disrupting school etc., powers to deal with
   121.    Certain information not to be disseminated on school premises
   122.    Parent on s. 19 register, principal etc. may deal with exclusively
   123.    General management of schools, regulations for

           Division 8 -- Parent and community involvement

              Subdivision 1 -- School Councils  

   124.    Terms used
   125.    Each government school to have Council for school
   126.    Exemptions from and approvals for s. 125
   127.    Council, members of etc.
   128.    Council, functions of
   129.    Additional functions of Council, Minister may approve
   130.    Additional functions of incorporated Council, Minister may approve
   131.    Property acquired by incorporated Council vests in Minister
   132.    Council cannot intervene in certain matters
   133.    Powers of Council
   134.    Support services for Council, principal to provide
   135.    Minister may direct Council
   136.    Procedures of Council
   137.    Protection from personal liability
   138.    Minister may dismiss unincorporated Council
   139.    Incorporated Council, winding up
   140.    Regulations about Councils

              Subdivision 2 -- Parents and Citizens’ Associations  

   141.    Terms used
   142.    Forming association
   143.    Objects of and limits on associations
   144.    Property acquired by association vests in Minister
   145.    Association formed after 1 Jan 2001, incorporation of
   146.    Transitional provisions for association existing at 1 Jan 2001
   147.    Association to give certain information to principal
   148.    Winding up association
   149.    Other associations, forming etc.

   PART 4 -- Non-government schools

           Division 1 -- Preliminary  

   150.    Terms used
   151.    Term used: chief executive officer
   152.    Delegation by chief executive officer
   153.    Minister may direct chief executive officer

           Division 2 -- Offences  

   154.    Establishing or conducting an unregistered school
   155.    Making false representations
   156A.   Schools to be conducted in accordance with registered information
   156B.   Notice to be given to CEO about changes to governing bodies of schools
   156C.   Minister or CEO may require information about registered schools

           Division 3A -- School planning proposals require an advance determination  

   156.    What is a school planning proposal
   157A.   Application for advance determination
   157B.   Minister may make advance determination
   157C.   Policy direction for advance determinations
   157.    Notice to be given about decisions on advance determinations

           Division 3B -- Registration of non-government schools

              Subdivision 1 -- Applications and requirements  

   158A.   When advance determination required before making application under this Division
   158.    Application for registration
   159A.   Application for renewal of registration
   159B.   Application for registration change
   159.    Standards for non-government schools
   160.    Determining applications for registration and renewal of registration
   161A.   Determining applications for registration change
   161B.   Notice to be given about decisions under this Subdivision

              Subdivision 2 -- Register and certificates of registration  

   161.    Register of non-government schools to be kept
   162.    Certificate of registration
   163A.   Surrender of certificate of registration
   163.    Period of registration

              Subdivision 3 -- Notices, conditions, directions and cancellations  

   164.    Continuing suitability of governing body
   165A.   Quality improvement notices
   165.    Conditions of registration
   166.    Directions to comply
   167A.   No new enrolments while a direction is outstanding
   167.    Cancelling registration

           Division 3C -- Review of decisions under Divisions 3A and 3B  

   168.    Review of certain decisions

           Division 3 -- Non-government school systems

              Subdivision 1 -- Recognition of systems  

   169.    Recognized school system, declaration of
   170.    Revoking s. 169 order
   171.    School system may accept certain schools as members of system
   172.    School in school system may withdraw from system

              Subdivision 2 -- System agreements  

   173.    System agreement, Minister may make etc.
   174.    Content of system agreement
   175.    Termination of system agreement

           Division 4 -- Inspection of registered schools  

   176.    Inspection of registered school after notice given
   177.    Inspection of registered school with no notice
   178.    Inspector under s. 176 or 177 to produce certificate of authority
   179.    Obstructing inspector, offence

           Division 5 -- Funding  

   182.    Money appropriated for registered schools, allocation of
   183.    Purposes etc. for which allocations will be made, orders as to etc.
   184.    Contents of s. 183 orders
   185.    Minister may require school to account for allocated moneys

           Division 6 -- Loans for capital works  

   186.    Minister’s powers to lend moneys
   187.    Minister may borrow moneys to make s. 186 loan
   188.    Operating account for s. 186 and 187 moneys
   189.    Treasurer’s guarantee for moneys borrowed under s. 187
   190.    Payments under s. 189 guarantee

   PART 5 -- Community kindergartens

           Division 1 -- Preliminary  

   191.    Term used: governing body

           Division 2 -- Registration of community kindergartens  

   192.    Registration, general provisions as to
   193.    Application for registration
   194.    Matters to be considered by Minister
   195.    Grant or refusal of registration
   196.    Minister to notify decision within 3 months
   197.    Certificate of registration; register of registered kindergartens
   198.    Amending etc. conditions of registration
   199.    Who can attend registered kindergarten
   200.    Cancelling registration, Ministers’ functions as to
   201.    Decision as to registration, review of

           Division 3 -- Operation and management of community kindergartens  

   202.    Minister may direct registered kindergarten as to standards
   203.    Governing body of kindergarten, role of
   204.    Teaching staff etc., appointment of
   205.    Teaching staff, functions of
   206.    Curriculum and enrolment
   207.    Fee for instruction and charges
   209.    Person disrupting kindergarten etc.; disseminating information on kindergarten premises
   210.    Moneys appropriated for kindergartens, allocation of
   211.    Minister may require kindergarten to account for allocated moneys
   212.    Regulations about kindergartens

   PART 6 -- Administration

           Division 1 -- The Minister  

   213.    Terms used
   214.    “Minister for Education” is body corporate etc.
   215.    Property vested in Minister
   216.    Powers of Minister
   217.    Treasurer to consider proposals under s. 216(2)(c)
   218.    Licences by Minister for use of tangible property
   220.    When money paid under licence to be paid to school’s General Purposes Fund
   221.    When money paid for advertising or sponsorship to be paid to school’s General Purposes Fund
   222.    Exempting school from Act, Minister’s powers as to
   223.    Decision as to individual student, review of by Minister
   224.    Delegation by Minister
   225.    Subdelegation by CEO, Minister may permit
   226.    Documents presumed duly executed
   227.    Financial Management Act 2006, application of to acts etc. under this Division

           Division 2 -- The department  

   228.    Department of Public Service for government schools
   229.    Term used: chief executive officer
   230.    Delegation by chief executive officer
   231.    Minister may direct chief executive officer
   232.    Chief executive officer may direct principal
   233.    CEO’s Instructions, issue of etc.

           Division 3 -- Staff employed in the department  

   234.    Terms used
   235.    Categories of staff to be employed
   236.    Engaging etc. teaching staff, other officers and wages staff
   237.    Teaching staff, classes of
   238.    Transfer etc. of teacher to another category of employee
   239.    Teaching staff and other officers, substandard performance by and discipline of
   240.    Employee may be ordered to leave school premises

           Division 4 -- Advisory panels  

   241.    Advisory panels, establishing etc.

   PART 7 -- Miscellaneous  

   242.    Disclosure of official information restricted
   243.    Prosecutions and s. 109 recovery action, who may commence; evidentiary matters
   244.    Regulations
   245.     Review of Act
   246.    Repeal, savings and transitional
           SCHEDULE 1 -- Transitional provisions
           Compilation table

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