EDUCATION ACT 1990 - As at 26 July 2021 - Act 8 of 1990
- As at 26 July 2021 - Act 8 of 1990Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Definitions
PART 2 - OBJECTS OF ACT
- 4 Principles on which this Act is based
- 5 Principal objects of this Act
- 6 Objects for administration of this Act or of education
PART 3 - THE SCHOOL CURRICULUM
Division 1 - Primary education
Division 2 - Secondary education
- 9 Key learning areas for secondary education (Years 7 to 10)
- 10 Minimum curriculum for secondary education (Years 7 to 10)
- 11 Curriculum for Record of School Achievement candidates
- 12 Curriculum for Higher School Certificate candidates
Division 3 - General
- 13 Courses of study in key learning areas
- 14 Syllabuses
- 15 Disagreement between Minister and Authority
- 16 Additional courses of study and other activities
- 17 Additional curriculum requirements for government schools
- 18 Basic skills testing
- 18A Publication of school results
PART 4 - FUNCTIONS OF THE MINISTER AND THE AUTHORITY
- 19 General functions of the Minister
- 20 Assistance to government school children with special needs
- 20A Functions of the Authority under this Act
- 21 (Renumbered) 21A. (Repealed)
PART 5 - ATTENDANCE OF CHILDREN AT SCHOOL
- 21B Compulsory school-age
- 22 Compulsory schooling--duty of parents
- 22A Obtaining information about children of compulsory school-age
- 22B Compulsory schooling undertakings by parents
- 22C Conference of relevant parties to deal with unsatisfactory school attendance
- 22D Compulsory schooling orders
- 23 Offence if parent fails to send child to school
- 24 Register of enrolments and attendances
- 25 Certificate of exemption from attending school
- 26 Certificate of exemption from attending particular classes
PART 5A - HEALTH AND SAFETY RISKS AT SCHOOLS ARISING FROM STUDENT BEHAVIOUR
Division 1 - Preliminary
- 26A Definitions
- 26AA Restriction on disclosing certain information
Division 2 - Obtaining information about students
- 26B Purpose of obtaining information about students
- 26C Relevant agencies from which information may be obtained about students
- 26D Obtaining information about particular students
- 26E Consultation during assessment of risk and development of strategies
- 26F No offence or liability for disclosure of information
Division 3 - Directions about enrolment and attendance
- 26G Operation of Division
- 26H Enrolment directions
- 26HA Non-attendance directions
- 26I Representations by student, parents and others
- 26J Notice of direction
- 26K Variation and revocation of direction
- 26KA Internal review of certain non-attendance directions
Division 4 - Guidelines
- 26L Issue of guidelines
- 26M Compliance with guidelines
PART 6 - GOVERNMENT SCHOOLS
- 27 Establishment of government schools
- 27A Functions of Authority in relation to government schools
- 28 Closure of government schools
- 29 Kinds of government schools
- 30 Secular instruction
- 31 Instruction to be free
- 31A Overseas students
- 32 Special religious education
- 33 Objection to religious education
- 33A Special education in ethics as secular alternative to special religious education
- 34 Admission to government schools
- 34A Principals can require proof of eligibility to attend or entitlement to be enrolled at government schools
- 35 Discipline in government schools
- 36 School councils
PART 7 - NON-GOVERNMENT SCHOOLS AND HOME SCHOOLING
Division 1 - Application
- 37 Application of Part
Division 2 - Registration
Subdivision 1 - Formation of systems of non-government schools- 38 Registration as an individual school or as a member of a system
- 39 Non-government schools may form a system
- 40 Approved authority for system of non-government schools
- 41 Applications for approval of system of non-government schools
- 42 Approval of system of non-government schools
- 43 Inclusion of new schools in a system of non-government schools
- 44 Withdrawal of non-government school from system
- 45 Withdrawal of approval of system of non-government schools
- 46 Authority to advise Minister on systems of schools Subdivision 2 - Registration of non-government schools
- 47 Registration requirements for non-government schools
- 47A Effect of section 47 on certain contracts
- 48 Existing non-government schools
- 49 Application for initial registration of a new non-government school or a school joining a system
- 50 Consideration by Authority of application for initial registration of new non-government schools etc
- 51 Determination by Minister of applications for initial registration of new non-government schools etc
- 52 Initial registration provisional for a maximum period of 12 months
- 53 Classes of registration
- 53A Conditions of registration Subdivision 3 - Continuing registration 54. (Repealed)
- 54A Renewal of registration
- 55 Authority to make recommendation about renewal of registration
- 56 Renewal of registration by Minister
- 57 Duration of renewal of registration
- 57A Reduction of period of initial registration or renewal of registration
- 58 Common registration cycles for schools in a system
- 59 Cancellation of registration
- 60 Notice to be given of relocation of school
- 61 Cancellation of registration of relocated schools
- 62 Sale of schools
- 63 Changes in circumstances of operation of schools
- 63A Authority to be notified of certain matters Subdivision 4 - General
- 64 Registration etc of part of non-government school
- 65 Conducting unregistered schools
- 66 Certificate of registration to be displayed
- 67 Proposal to offer education of a different kind
- 68 Proposal to re-establish school
- 69 Returns by schools Subdivision 5 - Registration for home schooling
- 70 Definition of "authorised person"
- 71 Application for registration for home schooling
- 72 Registration for home schooling
- 73 Conditions and duration of registration for home schooling
- 74 Cancellation of registration for home schooling Subdivision 6 - Conscientious objections to registration
- 75 Notice to the Minister of conscientious objection
- 76 Consideration by Authority of notice of conscientious objection
- 77 Acceptance or rejection of conscientious objection
- 78 Certificate of exemption
- 79 Notice of decision to refuse to accept objection
- 80 Exempted school to be regarded as registered
- 81 Child to be regarded as registered for home schooling
- 82 Cancellation of exemption
- 83 Current certificate of exemption to be displayed
Division 3 - Financial assistance to non-government schools
- 83A Definitions
- 83B Financial and other assistance in respect of non-government school children
- 83BA Debt recovery arrangements relating to Commonwealth funding for schools
- 83C Financial assistance not to be provided to schools that operate for profit
- 83D Declaration that school operating for profit
- 83E Financial assistance to schools may be suspended, reduced or made subject to conditions
- 83F Declaration that school non-compliant
- 83G Notice of recommendation of Advisory Committee relating to for profit or non-compliance declarations and administrative review by Tribunal
- 83H Investigations in relation to schools
- 83I Directions to schools and proprietors
- 83J Recovery of amounts from schools
- 83K Non-Government Schools Not-for-profit Advisory Committee
- 83L Not-for-profit guidelines
PART 7A - APPROVAL TO PROVIDE COURSES TO OVERSEAS STUDENTS
Note- 83M Interpretation
- 83N Authority responsible for approving providers
- 83O Approval to provide courses to overseas students
- 83P Amendment, suspension or cancellation of approval
- 83Q Requirements relating to approval decisions of Authority
- 83R Offences relating to advertising of courses for overseas students
- 83S Information may be given to other bodies
PART 8 - AWARDS OF STUDY
Division 1 - Accreditation of non-government schools
84. (Repealed)- 85 Applications for accreditation of registered non-government schools
- 86 Accreditation by Authority
- 87 Duration of accreditation
- 87A Reduction of period of accreditation
- 88 Decision of Authority not to accredit school
- 89 Minister may accredit school
- 90 Renewal of accreditation
- 91 Cancellation of accreditation
- 92 Quality of educational program to be assessed
- 93 Conducting school that is not accredited
Division 2 - Awards
- 94 Record of School Achievement
- 95 Higher School Certificate
- 95A Award of Record of School Achievement or Higher School Certificate to students following special course of study
- 96 Certificate candidates affected by illness etc
- 97 Reconsideration of decisions
- 98 Recording student results and activities and provision of transcript of study
PART 9 - (Repealed)
PART 10 - ADMINISTRATIVE REVIEW OF DECISIONS BY TRIBUNAL
- 107 Applications for administrative reviews of certain decisions
- 108 Determination of application by Tribunal
- 109 Failure of Authority or authorised person to make a recommendation or other decision 110-113. (Repealed)
PART 11 - PARENTS AND CITIZENS AND KINDRED ASSOCIATIONS
- 114 Definition of "parents and citizens association"
- 115 Constitution of associations and district councils
- 116 Objects and functions
- 117 Rules of associations and district councils
PART 12 - MISCELLANEOUS
- 118 Register of non-government schools etc to be available for inspection
- 119 Delegation by Minister or Secretary 120, 121. (Repealed)
- 122 Attendance officers
- 123 Evidence
- 124 Proceedings for offences
- 124A Continuing offences
- 125 Acquisition and disposal of land 126. (Repealed)
- 127 Part 2 not to give rise to cause of action etc
- 128 Scholarships attached to schools
- 129 Schools with no principal
- 130 Regulations 131, 132. (Repealed)
- 133 Repeal of Education and Public Instruction Act 1987 etc
- 134 Savings, transitional and other provisions
- 135 Review of Act Schedule 2 (Repealed)