SCHOOL EDUCATION ACT 1999
Table of Provisions
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 -- Education of children during compulsory education period
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 Non attendance of student may be required on public health grounds
- 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 Resolving question under s. 76, 77, 78 or
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.
- 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.
- 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 6A -- Student residential colleges
Division 1 -- Preliminary
Division 2 -- Establishment of student residential colleges
- 213B Establishing student residential colleges
- 213C Closing or amalgamating student residential colleges
Division 3 -- Administration of student residential colleges
Subdivision 1 -- Operation and management
- 213D Operation and management of student residential colleges
- 213E Powers of Minister relating to student residential colleges
- 213F Treasurer to consider proposals under s. 213E(2)(c)
213G. When money paid for advertising or sponsorship to be paid to student residential college’s General Purposes Fund
- 213H Sections 120 and 121 have effect in respect of student residential colleges
Subdivision 2 -- Regulations and code of conduct
- 213I Regulations about student residential colleges
- 213J Code of conduct for students
Subdivision 3 -- Power of Minister to grant licences
- 213K Licences by Minister for use of tangible property relating to student residential colleges
- 213L When money paid under licence to be paid to a General Purposes Fund
Division 4 -- LINC committees
- 213M LINC committees
- 213N Membership of LINC committees
- 213O Functions of LINC committees
- 213P Regulations about LINC committees
Division 5 -- Financial provisions
Subdivision 1 -- Fund for each student residential college
- 213Q General Purposes Fund for each student residential college
- 213R Funds for other moneys received for a student residential college
- 213S Management of college funds
- 213T Money to be credited to college funds
- 213U Bank account for college funds
- 213V Financial Management Act 2006 s. 8 and 34, application of to s. 213Q to 213U
213W. Investment of college funds
- 213X Dealing with college funds on closure or amalgamation of a college
Subdivision 2 -- Student Residential Colleges Fund
- 213Y Student Residential Colleges Fund
- 213ZA Minister’s power to borrow money
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, other than property relating to student residential colleges
- 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 Application of Financial Management Act 2006
Division 2 -- The department
- 228 Department to assist in administration of Act, other than in relation to non-government schools and students attending non-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