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.]
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repealed Act means the Education Act 1928 .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of the repealed Act is, on the commencement, vested in the Minister for the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repealed Act s. 6AA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section 6AA of the repealed Act that is in force immediately before the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under repealed Act s. 6A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into, and a licence granted, under section 6A of the repealed Act that are in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 Licence in force at 1 Jan 2001 under repealed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applies to a licence under section 6B of the repealed Act for the use of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commencement it came within section 6C of the repealed Act.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repealed Act s. 7(2)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section 7(2) of the repealed Act; and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Education Department under section 7(2) of the repealed Act; and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.
(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.]
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.]
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.]
(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.]
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.]
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.]
(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.]
(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.]
(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.]
(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).]
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.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
36 of 1999 |
2 Nov 1999 |
s. 1 and 2: 2 Nov 1999; | |
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)); |
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); |
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 |
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)); |
Reprint 3: The School Education Act 1999 as at 15 Mar 2013 (includes
amendments listed above) | |||
28 of 2014 |
27 Nov 2014 |
s. 29: 27 Nov 2014 (see s. 2(b)(i)); | |
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) |
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)); |
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) |
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)