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This is a Bill, not an Act. For current law, see the Acts databases.


EDUCATION AMENDMENT BILL 2009

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Minister for Education and Training)

Education Amendment Bill 2009









Contents

Page

























2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Minister for Education and Training)

Education Amendment Bill 2009







A Bill for

An Act to amend the Education Act 2004, and for other purposes













The Legislative Assembly for the Australian Capital Territory enacts as follows:



1 Name of Act

This Act is the Education Amendment Act 2009.

2 Commencement

This Act commences on 1 January 2010.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3 Legislation amended

This Act amends the Education Act 2004.

Note This Act also amends the Education Regulation 2005 (see s 20).

4 Establishing government schools etc

Section 20 (3), example

omit

Hindmarsh Education Centre

substitute

Murrumbidgee Education and Training Centre

5 Suspension, exclusion or transfer of student by chief executive

Section 36 (6)

substitute

(6) If the student is suspended for 7 or more school days in a school term (whether or not consecutive school days), the chief executive must ensure that the student is given a reasonable opportunity to attend appropriate counselling.

6 Section 36 (7) to (10) and note

substitute

36A Immediate suspension by chief executive

(1) The chief executive may immediately suspend a student mentioned in section 36 (1) (a) for not longer than 5 days if, in the chief executive’s opinion, the circumstances are of such urgency or seriousness to require the student’s immediate suspension.

(2) The chief executive need only comply with section 36 (5) to the extent that it is practicable and appropriate to do so.

(3) To remove any doubt, the chief executive may suspend a student under this section while deciding what other action (if any) should be taken in relation to the student under section 36.

36B Delegation by chief executive

(1) The chief executive may delegate the chief executive’s power to suspend a student from a government school for not longer than 10 days to the school’s principal.

(2) The chief executive may delegate the chief executive’s power to transfer a student from a government school to another government school to a public servant.

Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

7 Appointment of authorised persons (government)

New section 67 (4)

insert

(4) To remove any doubt, a person may be both an authorised person (government) and an authorised person (non-government).

8 Applications for in-principle approval for proposed registration

Section 83 (7)

substitute

(7) The chief executive must make a copy of the application for in-principle approval available for inspection free of charge to the public during normal business hours at the office of an administrative unit administered by the chief executive.

9 Deciding in-principle applications

Section 84 (7)

substitute

(7) The chief executive must make a copy of the Minister’s reasons available for inspection free of charge to the public during normal business hours at the office of an administrative unit administered by the chief executive.

10 Application for provisional registration

Section 85 (5)

substitute

(5) The chief executive must make a copy of the application for provisional registration available for inspection free of charge to the public during normal business hours at the office of an administrative unit administered by the chief executive.

11 Application for registration

Section 87 (4)

substitute

(4) The chief executive must make a copy of the application for registration available for inspection free of charge to the public during normal business hours at the office of an administrative unit administered by the chief executive.

12 Application for registration at additional campus

Section 88A (5)

substitute

(5) The chief executive must make a copy of the application for registration available for inspection free of charge to the public during normal business hours at the office of an administrative unit administered by the chief executive.

13 Application for registration at additional educational levels

Section 89 (5)

substitute

(5) The chief executive must make a copy of the application for registration available for inspection free of charge to the public during normal business hours at the office of an administrative unit administered by the chief executive.

14 Suspension, transfer or exclusion of students—Catholic systemic schools

Section 104 (6) and (7)

substitute

(6) If the student is suspended for 7 or more school days in a school term (whether or not consecutive school days), the director must ensure that the student is given a reasonable opportunity to attend appropriate counselling.

(7) If the director excludes a student from all Catholic systemic schools, the director must give the registrar written notice of the exclusion.

Note Director—see the dictionary.

15 Section 104 (8) to (12)

substitute

104A Immediate suspension by director

(1) The director may immediately suspend a student mentioned in section 104 (1) (a) for not longer than 5 days if, in the director’s opinion, the circumstances are of such urgency or seriousness to require the student’s immediate suspension.

(2) The director need only comply with section 104 (5) to the extent that it is practicable and appropriate to do so.

(3) To remove any doubt, the director may suspend a student under this section while deciding what other action (if any) should be taken in relation to the student under section 104.

104B Delegation by director

The director may delegate the director’s power to suspend a student from a school for not longer than 10 days to the school’s principal.

Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

16 Appointment of authorised persons (non-government)

New section 119 (4)

insert

(4) To remove any doubt, a person may be both an authorised person (government) and an authorised person (non-government).

17 Schedule 1, new item 3A

insert

3A

36A

immediately suspend student

parents of student

chief executive

18 Dictionary, note 2

insert

• administrative unit

• public servant

19 Dictionary, new definition of director

insert

director means the person occupying the position prescribed by regulation for this definition.

20 Education Regulation 2005, section 6 heading

substitute

6 Catholic systemic schools—Act, dict, def director



Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2009.

2 Notification

Notified under the Legislation Act on 2009.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.















© Australian Capital Territory 2009

 


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