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SCHOOL EDUCATION ACT 1999 - SCHEDULE 1

SCHOOL EDUCATION ACT 1999 - SCHEDULE 1

[Section 246(4)]

Division 1 Transitional provisions for the commencement of this Act

        [Heading inserted: No. 11 of 2012 s. 47.]

1 .         Terms used

                In this Division —

        commencement means the commencement of this Act;

        repealed Act means the Education Act 1928 .

        [Clause 1 amended: No. 41 of 2016 s. 17.]

2 .         Interpretation Act 1984 not affected

                The provisions of this Division do not affect the application of the Interpretation Act 1984 to and in relation to the —

            (a)         repeal effected by section 246; or

            (b)         any other aspect of the operation of this Act.

        [Clause 2 amended: No. 41 of 2016 s. 18.]

3 .         Property vested in Minister at 1 Jan 2001

                All property that immediately before the commencement is vested in the Minister under section 6 of the repealed Act is, on the commencement, vested in the Minister for the purposes of section 215.

4 .         Delegation in force at 1 Jan 2001 under repealed Act s. 6AA

                A delegation under section 6AA of the repealed Act that is in force immediately before the commencement is to be taken on the commencement to be a delegation under section 224.

5 .         Agreement or licence in force at 1 Jan 2001 under repealed Act s. 6A

                An arrangement entered into, and a licence granted, under section 6A of the repealed Act that are in force immediately before the commencement are to be taken on the commencement to be respectively —

            (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.

6 .         Licence in force at 1 Jan 2001 under repealed Act s. 6B

        (1)         Section 218(3) applies to a licence under section 6B of the repealed Act for the use of tangible property vested in the Minister that is in force immediately before the commencement.

        (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to a licence referred to in subclause (1) if immediately before the commencement it came within section 6C of the repealed Act.

7 .         Staff appointed etc. as at 1 Jan 2001 under repealed Act s. 7(2)

        (1)         A person —

            (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 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

            (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 employment does not —

            (a)         affect the person’s remuneration or terms and conditions of employment; or

            (b)         prejudice the person’s existing or accruing rights; or

            (c)         affect any rights under a superannuation scheme; or

            (d)         interrupt continuity of service.

8 .         Inquiry incomplete at 1 Jan 2001 under repealed Act s. 7C

        (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 —

            (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 section 7C(3) if the chief executive officer has in writing requested a person to hold the inquiry.

9 .         Enrolment in effect at 1 Jan 2001

        (1)         The enrolment of a student at a government school that has effect immediately before the commencement is to be taken as an 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).

10 .         Government school in existence at 1 Jan 2001 under repealed Act s. 9

        (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 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.

11 .         Efficient school registered at 1 Jan 2001 under repealed Act s. 32B

        (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.

        (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) continues in force for 3 years from the commencement.

12 .         Certain pre-school centres at 1 Jan 2001 continued as registered schools

        (1)         A pre-school centre —

            (a)         for which a permit was in force under Part VIA of the 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 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.

13 .         Certain care-centres and pre-school centres as at 1 Jan 2001 continued

        (1)         A care-centre or a pre-school centre —

            (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 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 the first year of the child’s pre-compulsory education period until 1 January 2001.

[ 14.         Deleted: No. 43 of 2000 s. 62.]

15 .         Notices etc. in force at 1 Jan 2001 under repealed Act s. 9A

        (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 operation after the commencement for the purposes of section 184(b).

16 .         Approved account as at 1 Jan 2001 under repealed Act s. 9B

                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 purposes of section 113(1).

17 .         Decision as to home education in force at 1 Jan 2001 under repealed Act s. 14(a)

                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 registration under section 48.

18 .         Direction in force at 1 Jan 2001 under repealed Act s. 20A

                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.

19 .         Student suspended or excluded as at 1 Jan 2001

        (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 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 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).

20 .         School decision-making group in being at 1 Jan 2001 under repealed Act Part VA

        (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 —

            (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.

21 .         Parents and Citizens’ Association in being at 1 Jan 2001 under repealed Act Part VI

                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.

22 .         Repeal of Industrial Relations Act 1979 s. 23B, transitional

                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 —

            (a)         determined; or

            (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.

23 .         Transitional regulations

        (1)         If there is no sufficient provision in this Division 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 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

            (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 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

            (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.

        [Clause 23 amended: No. 41 of 2016 s. 19.]

Division 2 Transitional provisions for the Education and Care Services National Law (WA) Act 2012

        [Heading inserted: No. 11 of 2012 s. 48.]

24 .         Term used: commencement

                In this Division —

        commencement means the commencement of the Education and Care Services National Law (WA) Act 2012 section 48.

        [Clause 24 inserted: No. 11 of 2012 s. 48.]

25 .         Registration extended for a period of time

        (1)         If, immediately before commencement, a non-government school was providing a kind of education referred to in section 156(3)(c), then after commencement, the registration of the school under section 160 is to be taken to extend to the provision of that kind of education.

        (2)         Subject to Part 4, the registration provided for by subclause (1) continues in force for 3 years from the commencement.

        [Clause 25 inserted: No. 11 of 2012 s. 48.]

Division 3 — Transitional provisions for the School Education Amendment Act 2014

        [Heading inserted: No. 28 of 2014 s. 21.]

26 .         Terms used

                In this Division —

        commencement means the commencement of the School Education Amendment Act 2014 Part 2 Division 2;

        former provisions means this Act as in force immediately before commencement.

        [Clause 26 inserted: No. 28 of 2014 s. 21.]

27 .         Interpretation Act 1984 not affected

        Except to the extent this Division or regulations made under clause 32 expressly provide otherwise, the Interpretation Act 1984 Part V applies in relation to the amendments effected by the School Education Amendment Act 2014 .

        [Clause 27 inserted: No. 28 of 2014 s. 21.]

28 .         Pending applications and reviews of certain decisions

        (1)         In this clause —

        pending application means an application under section 157 or 158 made, but not determined, before commencement.

        (2)         The former provisions continue to apply in relation to the determination of a pending application.

        (3)         The former provisions continue to apply in relation to an application for, and the determination of, a review under section 168 of —

            (a)         a decision made under this Act before commencement; or

            (b)         a decision made on a pending application to refuse to register a school.

        [Clause 28 inserted: No. 28 of 2014 s. 21.]

29 .         Application for imminent renewal of registration

        (1)         In this clause —

        application for imminent renewal of registration means an application under Part 4 for the renewal of registration of a school —

            (a)         made, but not determined, before commencement; or

            (b)         made after commencement where the current period of registration ends within 12 months after commencement.

        (2)         The former provisions continue to apply in relation to the determination of an application for the imminent renewal of registration.

        [Clause 29 inserted: No. 28 of 2014 s. 21.]

30 .         Advance determinations under former provisions continue

        (1)         In this clause —

        advance determination under the former provisions means an advance determination —

            (a)         that is in force under section 157 of the former provisions immediately before commencement; or

            (b)         made by the Minister under section 157 of the former provisions on a pending application under clause 28.

        (2)         On and after commencement, an advance determination under the former provisions is to be taken to be an advance determination made under section 157B and for that purpose a reference in this Act to information provided under section 157A is to be taken to be a reference to information provided under section 157 of the former provisions.

        [Clause 30 inserted: No. 28 of 2014 s. 21.]

31 .         Directions in force before commencement

                Section 167A does not apply in relation to a direction given under section 166 that is in force immediately before commencement.

        [Clause 31 inserted: No. 28 of 2014 s. 21.]

32 .         Transitional regulations

        (1)         If there is no sufficient provision in this Division for dealing with a transitional matter, the Governor may make regulations prescribing all matters that are required or necessary or convenient to be prescribed in relation to that matter.

        (2)         In subsection (1) —

        transitional matter means a matter that needs to be dealt with for the transition required because of the enactment of the School Education Amendment Act 2014 .

        (3)         Regulations made under subsection (1) may provide that specific provisions of any written law —

            (a)         do not apply in relation to any matter; or

            (b)         apply with specific modifications in relation to any matter.

        (4)         If regulations made under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than commencement, the regulations have effect according to their terms.

        (5)         In subsection (4) —

        specified means specified or described in the regulations.

        (6)         If regulations contain a provision referred to in subsection (4), the provision does not operate so as —

            (a)         to affect in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the regulations were published in the Gazette ; or

            (b)         to impose liabilities on any person (other than the State or an authority of the State) in relation to anything done or omitted to be done before the regulations were published in the Gazette .

        [Clause 32 inserted: No. 28 of 2014 s. 21.]

Division 4 Transitional provisions for the School Boarding Facilities Legislation Amendment and Repeal Act 2016

        [Heading inserted: No. 41 of 2016 s. 20.]

33 .         Terms used

                In this Division, unless the contrary intention appears —

        1960 Act means the Country High School Hostels Authority Act 1960 ;

        assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description, and includes money and securities, choses in action and documents;

        commencement day means the day on which the School Boarding Facilities Legislation Amendment and Repeal Act 2016 section 20 comes into operation;

        former Authority means the Country High School Hostels Authority —

            (a)         established under the 1960 Act section 4; and

            (b)         as in existence immediately before commencement day;

        hostel has the meaning given in the 1960 Act section 3;

        liability means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, or whether owed alone or jointly or jointly and severally with any other person;

        right means any right, power, privilege or immunity whether actual, contingent or prospective.

        [Clause 33 inserted: No. 41 of 2016 s. 20.]

34 .         Hostels

                On commencement day, each hostel ceases to be a hostel and becomes, by force of this clause, a student residential college taken to have been established under section 213B.

        [Clause 34 inserted: No. 41 of 2016 s. 20.]

35 .         Hostel land

        (1)         In this clause —

        hostel land means land the care, control and management of which was, immediately before commencement day, placed with the Authority in accordance with the 1960 Act section 11.

        (2)         On commencement day, hostel land ceases to be under the care, control and management of the former Authority and is placed under the care, control and management of the Minister by force of this clause.

        [Clause 35 inserted: No. 41 of 2016 s. 20.]

36 .         Former Authority abolished

                On commencement day, the former Authority is abolished and its members go out of office.

        [Clause 36 inserted: No. 41 of 2016 s. 20.]

37 .         Staff members of former Authority

        (1)         In this clause —

        staff member of the former Authority means a person who, immediately before commencement day, was an officer or servant of the former Authority appointed under the 1960 Act section 10.

        (2)         At commencement day each staff member of the former Authority becomes a person employed in the department within the class of employees referred to in section 235(1)(c) or (d), as is relevant in accordance with any relevant industrial award or agreement applying to the staff member immediately before commencement day.

        (3)         Except as otherwise agreed by a person mentioned in subclause (2) the operation of this clause does not —

            (a)         affect the person’s remuneration; or

            (b)         affect the person’s existing or accruing rights in respect of annual leave, long service leave, sick leave or any other leave; or

            (c)         affect any rights under a superannuation scheme; or

            (d)         interrupt the continuity of the person’s service.

        (4)         For the purposes of subclause (3)(d), the staff member’s service with the former Authority is to be taken to have been with the department.

        [Clause 37 inserted: No. 41 of 2016 s. 20.]

38 .         Transfer of assets, liabilities, proceedings, remedies and immunities

        (1)         On commencement day—

            (a)         the assets and rights of the former Authority immediately before that day vest in or become, by force of this clause, the property of the Minister; and

            (b)         the liabilities of the former Authority immediately before that day become, by force of this clause, the liabilities of the Minister.

        (2)         From commencement day, any proceedings or remedy that, immediately before that day, might have been brought or continued by or available against or to the former Authority may be brought or continued by, and are or is available against or to, the Minister.

        (3)         As soon as is practicable after commencement day, all papers, documents, minutes, books of account and other records (however compiled, recorded or stored) relating to the operations of the former Authority are to be delivered to the Minister.

        (4)         As soon as is possible after commencement day, any account maintained by the former Authority must be closed by the Minister and the moneys in the account credited to the Student Residential Colleges Fund.

        [Clause 38 inserted: No. 41 of 2016 s. 20.]

39 .         Completion of things commenced

                Anything commenced to be done by the former Authority before commencement day may be continued by the Minister so far as the doing of that thing is within the functions of the Minister.

        [Clause 39 inserted: No. 41 of 2016 s. 20.]

40 .         Continuing effect of things done

        (1)         In this clause —

        relevant act means an act, matter or thing done or omitted to be done before commencement day by, to or in respect of the former Authority.

        (2)         To the extent that a relevant act has force or significance on or after commencement day it is to be taken, from that day, to have been done or omitted by, to or in respect of the Minister so far as the act, matter or thing is relevant to the functions of Minister.

        (3)         This clause does not affect the operation of any other provision of this Schedule.

        [Clause 40 inserted: No. 41 of 2016 s. 20.]

41 .         Exemption from State tax

        (1)         In this clause —

        State tax includes —

            (a)         duty under the Duties Act 2008 ; and

            (b)         any other tax, duty, fee, levy or charge under a law of the State.

        (2)         State tax is not payable in relation to —

            (a)         anything that occurs by operation of this Division; or

            (b)         anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Division, or to give effect to this Division, or for a purpose connected with or arising out of giving effect to this Division.

        (3)         The Minister may certify in writing that —

            (a)         a specified thing occurred by operation of this Division; or

            (b)         a specified thing was done under this Division, or to give effect to this Division, or for a purpose connected with or arising out of giving effect to this Division.

        (4)         For all purposes and in all proceedings, a certificate under subclause (3) is sufficient evidence of the matters it certifies, except so far as the contrary is shown.

        [Clause 41 inserted: No. 41 of 2016 s. 20.]

42 .         Agreements, instruments and documents

        (1)         In this clause —

        subsisting , in relation to an agreement, instrument or document, means subsisting immediately before commencement day.

        (2)         A subsisting agreement, instrument or document that contains a reference to the former Authority has effect from that day as if that reference were amended to be a reference to the Minister.

        (3)         Subclause (2) does not apply to an agreement or instrument to which the former Authority was a party.

        (4)         A subsisting agreement or instrument to which the former Authority was a party has effect from commencement day as if —

            (a)         the Minister were substituted for the former Authority as a party to the agreement or instrument; and

            (b)         a reference to the former Authority in the agreement or instrument were amended to be a reference to the Minister.

        (5)         Subclause (2) or (4)(b) does not apply to a reference if —

            (a)         regulations made under clause 45 provide otherwise; or

            (b)         that application would be inappropriate in the context in which the reference occurs.

        [Clause 42 inserted: No. 41 of 2016 s. 20.]

43 .         Registration of documents

        (1)         In this clause —

        relevant officials means —

            (a)         the Registrar of Titles under the Transfer of Land Act 1893 ; or

            (b)         the Registrar of Deeds and Transfers under the Registration of Deeds Act 1856 ; or

            (c)         the Minister administering the Land Administration Act 1997 ; or

            (d)         any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or any other property.

        (2)         The relevant officials are to take notice of the provisions of this Division and are to record and register in the appropriate manner the documents necessary to show the effect of this Division.

        [Clause 43 inserted: No. 41 of 2016 s. 20.]

44 .         Saving

        (1)         The operation of any provision of this Division is not to be regarded —

            (a)         as a breach of contract or confidence or otherwise as a civil wrong; or

            (b)         as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; or

            (c)         as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or

            (d)         as causing any contract or instrument to be void or otherwise unenforceable; or

            (e)         as releasing or allowing the release of any surety.

        (2)         This Division is additional to any relevant provisions of the Interpretation Act 1984 .

        [Clause 44 inserted: No. 41 of 2016 s. 20.]

45 .         Transitional regulations

        (1)         In this clause —

        specified means specified or described in the regulations;

        transitional matter

            (a)         means a matter or issue of a transitional nature that arises as a result of the transition from the 1960 Act to this Act; and

            (b)         includes a saving or application matter.

        (2)         If there is no sufficient provision in this Division for dealing with a transitional matter, regulations under this Act may be made prescribing all matters that are required or necessary or convenient to be prescribed for dealing with the matter.

        (3)         Regulations made under subclause (2) may provide that specified provisions of any written law —

            (a)         do not apply to or in relation to any matter; or

            (b)         apply with specified modifications to or in relation to any matter.

        (4)         If regulations made under subclause (2) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than commencement day, the regulations have effect according to their terms.

        (5)         If regulations made under subclause (2) contain a provision referred to in subclause (4), the provision does not operate so as —

            (a)         to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the regulations were published in the Gazette ; or

            (b)         to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the regulations were published in the Gazette .

        (6)         Regulations made under subclause (2) in relation to a matter referred to in subclause (3) must be made within such period as is reasonable and practically necessary to deal with a transitional matter.

        [Clause 45 inserted: No. 41 of 2016 s. 20.]

[Schedule 2 omitted under the Reprints Act 1984 s. 7(4)(e).]



Notes

This is a compilation of the School Education Act 1999 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title

Number and year

Assent

Commencement

School Education Act 1999

36 of 1999

2 Nov 1999

s. 1 and 2: 2 Nov 1999;

Act other than s. 1, 2, 182(3) and 208: 1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)

State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 62

43 of 2000

2 Nov 2000

17 Feb 2001 (see s. 2(2) and Gazette 16 Feb 2001 p. 903)

Labour Relations Reform Act 2002 s. 27

20 of 2002

8 Jul 2002

15 Sep 2002 (see s. 2 and Gazette 6 Sep 2002 p. 4487)

Sentencing Legislation Amendment and Repeal Act 2003 s. 94

50 of 2003

9 Jul 2003

15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)

Labour Relations Reform (Consequential Amendments) Regulations 2003 r. 21 published in Gazette 15 Aug 2003 p. 3685-92

15 Sep 2003 (see r. 2)

Statutes (Repeals and Minor Amendments) Act 2003 s. 107

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Reprint 1: The School Education Act 1999 as at 3 Sep 2004 (includes amendments listed above)

Children and Community Services Act 2004 Sch. 2 cl. 24

34 of 2004

20 Oct 2004

1 Mar 2006 (see s. 2 and Gazette 14 Feb 2006 p. 695)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80

84 of 2004

16 Dec 2004

2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

Acts Amendment (Higher School Leaving Age and Related Provisions) Act 2005 Pt. 2 3, 4

22 of 2005

18 Nov 2005

Pt. 2 Div. 1 and 2: 18 Nov 2005 (see s. 2(1));

Pt. 2 Div. 4: 1 Jan 2006 (see s. 2(3));

Pt. 2 Div. 3: 1 Jan 2008 (see s. 2(2))

Financial Legislation Amendment and Repeal Act 2006 s. 4, 5(1), 6 and Sch. 1 cl. 154 5

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Reprint 2: The School Education Act 1999 as at 16 Mar 2007 (includes amendments listed above except those in the Acts Amendment (Higher School Leaving Age and Related Provisions) Act 2005 Pt. 2 Div. 3)

Training Legislation Amendment and Repeal Act 2008 s. 61

44 of 2008

10 Dec 2008

10 Jun 2009 (see s. 2(2))

Public Sector Reform Act 2010 s. 89 and 110

39 of 2010

1 Oct 2010

s. 89: 1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563);

s. 110: 28 Mar 2011 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)

Health, Safety and Civil Liability (Children in Schools and Child Care Services) Act 2011 Pt. 3

1 of 2011

1 Mar 2011

1 Jan 2013 (see s. 2(b) and Gazette 14 Dec 2012 p. 6195)

Curriculum Council Amendment Act 2011

Pt. 3 Div. 4

37 of 2011

13 Sep 2011

1 Mar 2012 (see s. 2(b) and Gazette 28 Feb 2012 p. 841)

Education and Care Services National Law (WA) Act 2012 Pt. 4 Div. 7

11 of 2012

20 Jun 2012

1 Aug 2012 (see s. 2(c) and Gazette 25 Jul 2012 p. 3411)

School Education Amendment Act 2012 Pt. 2

46 of 2012

29 Nov 2012

s. 3 and 5: 29 Nov 2012 (see s. 2(a));

Pt. 2 other than s. 3 and 5: 1 Jan 2013 (see s. 2(b))

Reprint 3: The School Education Act 1999 as at 15 Mar 2013 (includes amendments listed above)

School Education Amendment Act 2014

Pt. 2 (s. 3- 35)

28 of 2014

27 Nov 2014

s. 29: 27 Nov 2014 (see s. 2(b)(i));

Pt. 2 Div. 1 and 3 (other than s. 29): 17 Dec 2014 (see s. 2(c) and Gazette 16 Dec 2014 p. 4759);

Pt. 2 Div. 2: 2 Feb 2015 (see s. 2(c) and Gazette 16 Jan 2015 p. 311)

Children and Community Services Legislation Amendment and Repeal Act 2015 Pt. 2 Div. 3 Subdiv. 2

23 of 2015

17 Sep 2015

1 Jan 2016 (see s. 2(b) and Gazette 15 Dec 2015 p. 5027)

Associations Incorporation Act 2015 s. 228

30 of 2015

2 Nov 2015

1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291-2)

Reprint 4: The School Education Act 1999 as at 19 Feb 2016 (includes amendments listed above except the Associations Incorporation Act 2015 )

Public Health (Consequential Provisions) Act 2016 Pt. 3 Div. 25

19 of 2016

25 Jul 2016

24 Jan 2017 (see s. 2(1)(c) and Gazette 10 Jan 2017 p. 165)

School Boarding Facilities Legislation Amendment and Repeal Act 2016 Pt. 3

41 of 2016

28 Nov 2016

1 Jul 2017 (see s. 2(b) and Gazette 23 Jun 2017 p. 3173)

Public Health Amendment (Immunisation Requirements for Enrolment) Act 2019 Pt. 3

14 of 2019

5 Jul 2019

s. 13: 5 Jul 2019 (see s. 2(a));

s. 14- 22: 22 Jul 2019 (see s. 2(b) and Gazette 19 Jul 2019 p. 2841)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title

Number and year

Assent

Commencement

School Education Act 1999 s. 182(3) and 208

36 of 1999

2 Nov 1999

To be proclaimed (see s. 2)

Other notes

1         The provisions in this Act amending the other Acts have been omitted under the Reprints Act 1984 s. 7(4)(e).

2         Repealed by the Children and Community Services Act 2004 .

3         The Acts Amendment (Higher School Leaving Age and Related Provisions) Act 2005 s. 4(2) reads as follows:



        (2)         When the meaning of “compulsory education period” changes by operation of section 6(b) of the School Education Act 1999 (inserted by subsection (1)), the change extends to the compulsory education period for a child which, but for the change, would have ended on 31 December 2005.



4         The Acts Amendment (Higher School Leaving Age and Related Provisions) Act 2005 s. 21 is a transitional provision of no further effect.

5         The Financial Legislation Amendment and Repeal Act 2006 (now known as the Financial Management (Transitional Provisions) Act 2006 ) Sch. 2 deals with certain transitional issues some of which may be relevant for this Act.



Defined terms



[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)

1960 Act         Sch. 1 cl. 33

absentee student         32

acquire         216(6)

adult student         97

advance determination         150

advance determination under the former provisions         Sch. 1 cl. 30(1)

agreement         213I(2)

application for imminent renewal of registration         Sch. 1 cl. 29(1)

apprentice         4

assets         Sch. 1 cl. 33

association         141

attendance officer         32

Attendance Panel         32

authorised person         12, 43(3), 120(5)

bank         113(5), 213U(5)

business arrangement         216(6)

capital works         186(4)

CEO’s Instructions         233(1)

certificate of registration         150

chief executive officer         4

Chief Health Officer         27(1A)

child         4, 75(3)

child of compulsory school age         4, 29(1a)

code of conduct         213A

college fund         213A

commencement         Sch. 1 cl. 1 and cl. 24

commencement         Sch. 1 cl. 26

commencement day         11L(7), Sch. 1 cl. 33

Community Kindergarten Registration Advisory Panel         201(7)

compulsory education period         4

condition         150

contribution         97

Council         4

course         11A(1)

department         4

direction         150

disability         4

dispose of         216(6)

early education period         4

educational programme         4

extra cost optional component         97

final years of compulsory education         4

first charges payment year         97

former Authority         Sch. 1 cl. 33

former provisions         Sch. 1 cl. 26

General Purposes Fund         4, 213A

general religious education         66

governing body         150, 191

governing body of the system         169(2)

government school         4

Home Education Advisory Panel         54(7)

home education moderator         50(1)

home educator         46

hostel         Sch. 1 cl. 33

hostel land         Sch. 1 cl. 35(1)

immunisation status         16(1A)

incorporated association         124, 141

intake area         4

joint arrangement         213A

joint arrangement         213

joint use property         213A, 213

liability         Sch. 1 cl. 33

LINC committee         213A, 213M(1)

local-intake school         4

non-government school         4

Non-government School Registration Advisory Panel         168(7)

non-system school         150

office         225(4)

officer         225(4), 230(5)

operating account         188(3)

other officers         234

overseas student         97

Panel         39(1), 87(1), 93(1)

parent         4, 11A(1), 24(5)

participate         11A(1), 216(6)

pending application         Sch. 1 cl. 28(1)

person         74(2)

pre-compulsory education period         4

principal         4

property         213A, 213

provider         11A(1) and (2), 32

PSMA         234

quality improvement notice         150

register         150

registered school         150

registration change         150

regulations         4

relevant act         Sch. 1 cl. 40(1)

relevant officials         Sch. 1 cl. 43(1)

repealed Act         Sch. 1 cl. 1

responsible person         25(1)

right         Sch. 1 cl. 33

school         4, 22, 30(6), 124, 154(2)

school fund         4

school planning proposal         150, 156

school premises         119(1)

school system         150

school year         4

significant registration change         150, 156

special religious education         66

specified         Sch. 1 cl. 32(5)

specified         Sch. 1 cl. 45(1)

staff member of the former Authority         Sch. 1 cl. 37(1)

State tax         Sch. 1 cl. 41(1)

student         4, 121(4)

student record         150

student residential college         4

student residential college         213A

Student Residential Colleges Fund         213A

subsisting         Sch. 1 cl. 42(1)

system agreement         150

system school         150

teacher         4

teaching staff         4, 234

transitional matter         Sch. 1 cl. 32(2) and 45(1)