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This is a Bill, not an Act. For current law, see the Acts databases.
EDUCATION BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education, Youth and Family
Services)
Education
Bill 2003
Contents
Page
Part
1.1 Minister’s
decisions 112
Part 1.2 Chief
executive’s decisions 114
Part 2.1 Board of
Senior Secondary Studies Act 1997 115
Part 2.2 Children
and Young People Act 1999 117
Part 2.3 Crimes Act
1900 118
Part 2.4 Intoxicated
Persons (Care and Protection) Act 1994 118
Part 2.5 Legislation
Act 2001 119
Part 2.6 Ombudsman
Regulations 1989 119
Part 2.7 Workers
Compensation Act 1951 119
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education, Youth and Family
Services)
A Bill for
An Act about the education of children in the ACT, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Education Act 2003.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere in this Act.
For example, the signpost definition ‘carer—see
section 6.’ means that the term ‘carer’ is defined in that
section.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
5 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
6 Meaning
of parent and carer
(1) In this Act, a parent includes a carer.
(2) In this Act, a parent is a person having parental
responsibility for the child under the Children and Young People Act
1999.
(3) In this Act, a carer is a person who is a carer under
the Children and Young People Act 1999, section 5.
Part
1.2 General principles and
objects
7 General
principles of Act
(1) Everyone involved in the administration of this Act, or in the
education of children of school age in the ACT, is to apply as far as
practicable the principle that every child has a right to receive a high-quality
education.
(2) Without limiting subsection (1), a high-quality education is based on
the following principles:
(a) school education provides a foundation for a democratic
society;
(b) school education should—
(i) aim to develop every child’s potential and maximise educational
achievements; and
(ii) promote children’s enthusiasm for lifelong learning and
optimism for the future; and
(iii) encourage parents to take part in the education of their children,
and recognise their right to choose a suitable educational environment;
and
(iv) recognise the social, religious, physical, intellectual and emotional
needs of all students; and
(v) aim over time to improve the learning outcomes of
students so that the outcomes are free from disadvantage because of
economic, social, cultural or other causes; and
(vi) encourage all children to complete their senior secondary education;
and
(vii) provide access to a broad education; and
(viii) recognise the needs of Indigenous students;
(c) innovation, diversity and opportunity within and among schools should
be encouraged;
(d) effective quality assurance mechanisms should be applied to school
education;
(e) government funding should be directed to children through their
schools or school system;
(f) the partnership between the home, community and educational providers
should be recognised;
(g) school communities should be given information about the operation of
their schools.
(3) Everyone involved in the administration of this Act, or in the
education of children of school age in the ACT, is to apply the principle that
school education—
(a) recognises the individual needs of children with disabilities;
and
(b) should make appropriate provision for those needs, unless it would
impose unjustifiable hardship on the provider of the school education.
(4) Corporal punishment is not allowed in ACT schools.
The main objects of this Act are—
(a) to state the responsibilities of parents and the government in
relation to school education and the principles and values on which government
and non-government school education and home education are based; and
(b) to promote compulsory school education and state the circumstances in
which school attendance is not required, including providing for suspension and
exclusion from school; and
(c) to provide for the operation and governance of government schools;
and
(d) to provide for the registration of non-government schools and home
education.
Chapter
2 School enrolment and
attendance
9 Meaning
of compulsory school age
For this Act, a child is of compulsory school age if the
child is at least 6 years old and under 15 years old.
(1) This section applies to the parents of a child if the child is of
compulsory school age and lives in the ACT.
(2) Not later than 14 school term days after the day the child turns
6 years old, or begins to live in the ACT, the parents must enrol the child
at a school or apply to register the child for home education.
Maximum penalty: 5 penalty units.
(3) Subsection (2) does not apply if—
(a) the child lives in the ACT but is enrolled in a school under State
law; or
(b) an exemption certificate is in force for the child; or
(c) the parents have a reasonable excuse for not complying with the
subsection.
(4) An offence against this section is a strict liability
offence.
(1) This section applies to the parents of a child if the child lives in
the ACT, is of compulsory school age and is enrolled at a school.
(2) The parents must ensure that the child attends—
(a) the school on every day, and during the times on every day, when the
school is open for attendance; and
(b) every activity of the school (including attendances at an approved
educational course) that the school requires the child to attend.
(3) The parents must not contravene subsection (2).
Maximum penalty: 5 penalty units.
(4) Subsection (3) does not apply if the parents have a reasonable excuse
for the contravention.
(5) An offence against this section is a strict liability
offence.
12 Information
about school-age children
(1) This section applies if the chief executive believes on reasonable
grounds that—
(a) a child of compulsory school age lives in the ACT; and
(b) the child is not enrolled at a school or registered for home
education.
(2) The chief executive may give written notice to a parent of the child
requiring the parent to give the chief executive the details about the child
stated in the notice within 7 days after the day the parent receives the
notice.
(3) If the chief executive gives a notice under this section to the
parent, the parent must comply with the notice.
Maximum penalty: 50 penalty units.
(4) An offence against this section is a strict liability
offence.
13 Employment
of children under school-leaving age
(1) A person must not employ a child under school-leaving age, on a day
and at a time, when the child—
(a) is required under this Act to attend a school, school activity or
approved educational course; or
(b) if the child does not live in the ACT or is enrolled at a school under
State law—would be required under this Act to attend a school, school
activity or approved educational course if the child were living in the ACT or
were not enrolled at a school under State law.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
14 Exemption
certificates
The chief executive may, on application by the parents of a child, issue a
certificate exempting the child from school, if satisfied that—
(a) it is necessary or desirable, having regard to any educational,
vocational training or employment opportunity offered to the child before the
child is of school-leaving age, to exempt the child from school; or
(b) it is otherwise in the child’s best interests, having regard to
the care, health, development or education of the child, to exempt the child
from school.
15 Duration
of exemption certificates
An exemption certificate may be issued for a child until—
(a) the child reaches school-leaving age; or
(b) the ground on which the certificate was issued ceases to
apply.
16 Revocation
of exemption certificates
The chief executive may revoke an exemption certificate issued for a child
if—
(a) the certificate was issued in error; or
(b) the ground on which the certificate was issued ceases to
apply.
17 Student
transfer register
The chief executive must establish procedures for recording the transfer of
students between schools in the ACT.
Chapter
3 Government
schools
18 Principles
on which ch 3 based
The following are the principles on which this chapter is based:
(a) the ACT government school system is based on the principles of equity,
universality and nondiscrimination;
(b) government schools are free and open to everyone;
(c) government schools offer a broad and balanced secular education to all
children from preschool to year 12 by providing access to a broad
curriculum;
(d) the government school system is committed to—
(i) providing reasonable access to public education for all children in
the ACT;
(ii) maximising student educational achievements and opportunities;
and
(iii) developing emotional, physical and intellectual wellbeing of all
students; and
(iv) responsiveness to community needs; and
(v) innovation, diversity and choice; and
(vi) preparing students to be effective local and global citizens;
and
(vii) teacher, student and parent participation in all aspects of school
education; and
(viii) combining central policies and guidelines with school level
policies and decision-making; and
(ix) making information available about, and being accountable for, the
operation of government schools;
(e) government school funding is provided to schools in recognition of the
principles mentioned in paragraphs (a) to (d) and the diversity of
children’s needs.
19 Minister
to seek advice
(1) Before deciding the budget priorities and strategic directions for
government schools each year, the Minister must ask for, and consider the advice
of, the Government Schools Education Council.
(2) This section does not limit the matters that the Minister may take
into account in deciding the budget priorities and strategic directions for
government schools.
Part
3.2 Establishment and operation of
government schools
20 Establishing
government schools etc
(1) The Minister may establish government schools and preschools
(government schools).
(2) The Minister may decide the kinds of government schools to be
established and the educational level or levels for the schools.
(3) The Minister may establish school-related educational institutions and
services (school-related institutions).
Example of school-related
institution
Hindmarsh Education Centre
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(4) The Minister may name, and change the name of, a government school or
school-related institution.
(5) Before closing or amalgamating a government school, the Minister
must—
(a) have regard to the educational, financial and social impact on
students at the school, the students’ families and the general school
community; and
(b) ensure that school communities affected by the closure or amalgamation
have been adequately consulted.
21 Operation
of government schools
(1) The chief executive is responsible to the Minister for the operation
of government schools.
(2) Government schools are to be publicly owned and operated by the
Territory itself.
(3) The chief executive must establish procedures that give priority to
the enrolment of children in the government school in their
neighbourhood.
(4) The principal of a government school is responsible
for—
(a) educational leadership and management of the school; and
(b) educational outcomes for students at the school; and
(c) providing support to the school board in the carrying out of its
functions; and
(d) contributing to the development and implementation of educational
policies and strategies.
(5) The principal of a government school must make available to parents of
students at the school, and to the staff and students of the school, information
about the school’s educational programs and policies, and the
school’s operation.
22 Investigation
of complaints—government schools
(1) The chief executive must develop and implement a complaints policy for
government schools.
(2) The chief executive must, as soon as practicable, investigate any
complaint about the administration, management and operation of government
schools that, in the chief executive’s opinion, is not a frivolous or
vexatious complaint.
(3) The chief executive must, in an annual report under the Annual
Reports (Government Agencies) Act 1995 for a financial year, include details
about the number of complaints investigated by the chief executive under this
section in that financial year.
23 Review
of government school system
The chief executive must regularly review, and report to the Minister on,
the government school system as a whole.
24 Review
of operation of government schools
(1) The chief executive must ensure that—
(a) the effectiveness of each government school is reviewed at least once
every 5 years; and
(b) a report of the review is prepared.
(2) A review must take into account the views of—
(a) the parents of students at the school; and
(b) the teachers at the school; and
(c) the students at the school.
(3) The chief executive must make the report of a review of a school
available to—
(a) the parents of students at the school; and
(b) the staff of the school; and
(c) the students at the school.
25 Reporting
to parents—government schools
(1) The principal of a government school must set up procedures for giving
reports to the parents of a child enrolled at the school about the child’s
academic progress and social development at the school.
(2) A report must be given to the child’s parents at least twice a
year.
(1) Education in government schools is to be free and no fees are
chargeable for it.
(2) Subsection (1) does not apply—
(a) in relation to course money paid to a registered provider;
or
(b) to people who hold a temporary visa under the Migration Act
1958 (Cwlth), section 30 (2).
(3) In subsection (2):
course money—see the Education Services for Overseas
Students Act 2000 (Cwlth), section 7.
registered provider—see the Education Services for
Overseas Students Act 2000 (Cwlth), section 5.
27 Voluntary
financial contributions
(1) The school board of a government school may ask the parents of a child
enrolled at the school, or anyone else, to make a financial contribution to the
school.
(2) The following principles apply in relation to financial
contributions:
(a) each contribution is to be voluntary;
(b) a child at the school is not to be refused benefits or services
because the child’s parents do not make a contribution;
(c) a child is not to be approached or harassed for
contributions;
(d) any record of contributions is confidential.
(3) If the school board asks the parents of a child enrolled at the school
to make a financial contribution, the school board must tell the parents about
the principles that apply in relation to financial contributions.
(1) Education in government schools is to be non-sectarian, secular
education.
(2) Secular education in government schools may include the study of
different religions as distinct from education in a particular
religion.
(1) If parents of children at a government school ask the principal for
their children to receive religious education in a particular religion, the
principal must ensure that reasonable time is allowed for their children’s
religious education in that religion.
(2) The principal must ensure that the educational program continues for
children at the school not attending religious education.
(3) Religious education must be authorised by the religious body to which
the person providing the instruction belongs.
(4) Children attending a religious education class at a government school
must be separated from other children at the school while the class is
held.
(5) In this section:
religious education means education in a particular religion
as distinct from the study of different religions.
(1) The chief executive must decide the curriculum requirements for
children attending government schools.
(2) For subsection (1), the requirements include the framework of the
curriculum and the principles on which the curriculum is based.
31 Approved
educational courses for children at government schools
(1) The chief executive may approve educational courses for a child
enrolled at a government school that may be provided to the child at a place
other than the school.
(2) An approval may be subject to conditions.
(3) However, the chief executive may approve an educational course only if
satisfied that—
(a) the standard of the course is appropriate; and
(b) there are adequate facilities for conducting the course; and
(c) the premises where the course is to be conducted comply with any
relevant Territory laws about health and safety standards.
Part
3.3 Attendance at government
schools
32 Keeping
of register of enrolments and attendances for government
schools
(1) The principal of a government school, or the person giving an approved
educational course (government), commits an offence if the principal or person
fails to keep a register of enrolments and attendances.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability
offence.
33 Keeping
records of enrolment and attendances for government schools
(1) The principal of a government school, or the person giving an approved
educational course (government), must ensure that the following information is
entered in the register of enrolments and attendances:
(a) the full name of each child enrolled at the school or course;
(b) a record of the attendance or nonattendance of the child at the school
or course on every day when the school or course is open for
attendance.
Maximum penalty: 10 penalty units.
(2) The principal of a government school, or the person giving an approved
educational course (government), commits an offence if—
(a) the principal or person makes an entry in the register of enrolments
and attendances; and
(b) the principal or person is reckless about whether the entry is
correct.
Maximum penalty: 10 penalty units.
(3) An offence against subsection (1) is a strict liability
offence.
34 Inspection
of register of enrolment and attendances for government
schools
(1) The principal of a government school, or the person giving an approved
educational course (government), commits an offence if—
(a) an authorised person (government) asks the principal or person to make
the register of enrolments and attendances available to the authorised person;
and
(b) the principal or person fails to make the register available as
asked.
Maximum penalty: 10 penalty units.
(2) The principal of a government school, or the person giving an approved
educational course (government), commits an offence if—
(a) the chief executive or an authorised person (government) asks the
principal or the person to give the chief executive or authorised person stated
information about enrolments or attendances of children at the school or course
during a stated period or at a stated time; and
(b) the principal or person fails to give the information in accordance
with the request.
Maximum penalty: 50 penalty units
(3) An authorised person (government) may make copies of the register of
enrolments and attendances or any part of the register.
(4) The principal of a government school, or the person giving an approved
educational course (government), must take reasonable steps to assist an
authorised person (government) in exercising functions under this
section.
(5) An offence against this section is a strict liability
offence.
35 Procedures
to encourage school attendance at government schools
(1) The principal of a government school must set up
procedures—
(a) to encourage children to attend school regularly; and
(b) to help parents to encourage their children to attend school
regularly.
(2) The principal must refer parents and children to support services that
encourage children to attend school regularly when the procedures mentioned in
subsection (1) are not successful.
(3) If a child enrolled at a government school has not been attending
school regularly, the principal of the school may, by written notice, require
the child’s parents and the child to meet with an authorised person at a
stated place and time.
36 Suspension,
exclusion or transfer of child by chief executive
(1) This section applies if—
(a) a child attending a government school—
(i) is persistently and wilfully noncompliant; or
(ii) threatens to be violent or is violent to another child attending the
school, a member of the staff of the school or anyone else involved in the
school’s operation; or
(iii) acts in a way that otherwise threatens the good order of the school
or the safety or wellbeing of another child attending the school, a member of
staff of the school or anyone else involved in the school’s operation ;
or
(iv) displays behaviour that is disruptive to the child’s learning
or that of other children; and
(b) the principal of the school is satisfied that action should be taken
under this section.
(2) The principal may recommend to the chief executive that the chief
executive—
(a) suspend the child from the school for a stated period of not longer
than 20 days; or
(b) transfer the child to another government school; or
(c) exclude the child from all government schools.
(3) After considering the principal’s recommendation, the chief
executive may—
(a) give effect to the recommendation; or
(b) take any other action mentioned in subsection (2) that the chief
executive considers appropriate; or
(c) suspend the child for not longer than 20 days.
(4) The chief executive may exclude the child only if—
(a) the child’s parents have been given an opportunity to be
consulted, and told in writing, about the proposed exclusion of the child and
the reasons for it; and
(b) the child has been given a reasonable opportunity to attend
counselling, undertake relevant educational programs or receive other
appropriate assistance; and
(c) as far as the child’s maturity and capacity for understanding
allow, the participation of the child has been sought, and any views of the
child considered, in deciding whether to exclude the child; and
(d) the child has been given sufficient information about the
decision-making process, in a language and way that the child can understand, to
allow the child to take part in the process; and
(e) the child has been offered alternatives for continuing the
child’s education during the exclusion.
(5) The chief executive may suspend or transfer the child only
if—
(a) the child’s parents have been given an opportunity to be
consulted, and told in writing, about the proposed suspension or transfer of the
child and the reasons for it; and
(b) as far as the child’s maturity and capacity for understanding
allow, the participation of the child has been sought, and any views of the
child considered, in deciding whether to suspend or transfer the child;
and
(c) the child has been given sufficient information about the
decision-making process, in a language and way that the child can understand, to
allow the child to take part in the process; and
(d) the child has been given a reasonable opportunity to continue the
child’s education during the suspension.
(6) Despite subsection (5), the chief executive may immediately suspend
the child for not longer than 5 days if, in the chief executive’s opinion,
the circumstances are of such urgency or seriousness to require the
child’s immediate suspension.
(7) However, before suspending the child under subsection (6), the chief
executive must comply with the requirements of subsection (5) (a) to
(d) to the extent that it is practicable and appropriate to do so.
(8) To remove any doubt, the chief executive may suspend the child under
subsection (6) while deciding what other action (if any) should be taken in
relation to the child under this section.
(9) The chief executive may delegate the chief executive’s power to
suspend a child from a government school for not longer than 5 days to the
principal of the school.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
Part
3.4 School boards of government
schools
Division
3.4.1 Interpretation
37 Definitions
for pt 3.4
In this part:
half-year means a period of 6 months ending on 30 June or
31 December.
money, of a school, means money allocated to the school by
the chief executive or otherwise received by the school.
Examples of money otherwise
received
voluntary financial contributions, other donations and
sponsorships
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
parents and citizens association, of a school,
means
(a) the entity declared under section 40 (Declaration of parents and
citizens associations in certain circumstances) to be the parents and citizens
association of the school; or
(b) if there is no declaration under that section for the school—the
parents and citizens association incorporated under the Associations
Incorporation Act 1991 or the Associations Incorporation Act 1953
(repealed) in relation to the school.
prescribed period, for a term of office of a member of a
school board (other than the principal), means the period—
(a) beginning on whichever of the following is later:
(i) 1 March in the year of the member’s election or appointment;
(ii) the date of the member’s election or appointment; and
(b) ending at the end of the February at least 12 months, and not more
than 24 months, after the beginning of the period.
school means a government school, but does not include a
preschool.
small school means a school (other than a school-related
institution) where fewer than 4 teachers are employed.
student means a student who attends classes at a school for
at least 12 hours per week.
Division
3.4.2 Establishment and
membership
38 Establishment
of school boards
A school board is established for each government school.
Note Section 149 (Preschools) deals with opportunities for parents
of children at preschools to participate in the conduct of the
preschool.
39 Functions
of school boards etc
(1) The functions of the school board of a government school
are—
(a) to establish strategic direction and priorities for the school;
and
(b) to monitor and review school performance and to report on it to the
chief executive, parents of students at the school and staff; and
(c) to develop, maintain and review curriculum for the school;
and
(d) to develop and review education policies at the school; and
(e) to establish budgetary policies for the school and approve the school
budget; and
(f) to establish policies for the efficient and effective use of school
assets and the management of financial risk; and
(g) to develop relationships between the school and the community and
between the school and community organisations; and
(h) to make recommendations to the chief executive on issues affecting the
school; and
(i) to encourage parent participation in their children’s learning;
and
(j) to exercise any other function given to the board under this Act or
any other Territory law.
(2) The chief executive may give written directions to the school board
about the exercise of its functions, either generally or in relation to a
particular issue.
(3) The chief executive must, in an annual report under the Annual
Reports (Government Agencies) Act 1995 for a financial year, include
particulars of any direction given by the chief executive under this section in
that financial year to a particular school board and not to school boards
generally.
(4) The school board must give effect to the chief executive’s
directions.
(5) The chief executive is not required—
(a) to accept, or act in accordance with, a recommendation of the school
board; or
(b) to carry out a policy decided by the school board.
40 Declaration
of parents and citizens associations in certain
circumstances
(1) If there is a dispute about the entity that should be the parents and
citizens association of a government school, the chief executive must call a
meeting of parents of students at the school and interested members of the
community to discuss the entity to be the representative of the parents and
community.
(2) If, in the chief executive’s opinion, it is appropriate in the
circumstances to do so, the chief executive may call a meeting of parents of
students at a government school and interested members of the community to
discuss the entity to be the representative of the parents and
community.
(3) The chief executive may, after considering the outcome of a meeting
under subsection (2) or (3) in relation to a government school, recommend to the
Minister the entity to be the representative of the parents and
community.
(4) After receiving a recommendation under subsection (3), the
Minister may, in writing, declare an entity to be the parents and citizens
association of a government school.
(5) A declaration under subsection (1) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
41 Constitution
of school boards generally
(1) This section applies to a school board of a government school other
than—
(a) a small school or a school-related institution; or
(b) a school to which section 43 (Constitution of school boards of
school-related institutions and other schools in special circumstances)
applies.
(2) The school board of a government school consists of—
(a) the principal of the school; and
(b) 1 member (the appointed member) appointed by the chief
executive as the appointed member; and
(c) 2 members (the staff members) elected by staff of the
school and appointed by the chief executive; and
(d) 3 members (the parents and citizens members) elected by
the parents and citizens association of the school and appointed by the chief
executive; and
(e) the members (the board appointed members) (if any)
appointed by the board under subsection (6); and
(f) for a school prescribed under the regulations—2 members (the
student members) elected by the students at the school and
appointed by the chief executive.
(3) A person is eligible to be elected or appointed as a staff member only
if the person is employed as a member of the staff of the school.
(4) A person is eligible to be elected or appointed a student member only
if the person is a student at the school.
(5) The appointed member, staff members, parent and citizens members and
student members are appointed for the prescribed period.
(6) The school board may appoint 1 or more people to be members of the
board for a term (not longer than 12 months) decided by the school
board.
(7) The school board must not make an appointment under
subsection (6) if there would be more than 2 board appointed members at the
same time.
42 Constitution
of school boards of small schools
(1) This section applies to a school board of a small school other than a
school to which section 43 (Constitution of school boards of school-related
institutions and other schools in special circumstances) applies.
(2) The school board of a small school consists of—
(a) the principal of the school; and
(b) 1 member (the appointed member) appointed by the chief
executive as the appointed member; and
(c) 1 member (the staff member) appointed by the chief
executive as the staff member; and
(d) 2 members (the parents and citizens members) elected by
the parents and citizens association of the school and appointed by the chief
executive; and
(e) the members (the board appointed member) (if any)
appointed by the board under subsection (6).
(3) A person is eligible to be appointed as the staff member only if the
person is employed as a member of the staff of the school.
(4) The staff member is to be appointed in a way prescribed under the
regulations.
(5) The appointed member, staff member and parent and citizen members are
appointed for the prescribed period.
(6) The school board may appoint 1 or more people to be members of the
board for a term (not longer than 12 months) decided by the school
board.
(7) The school board must not make an appointment under
subsection (6) if there would be more than 2 board appointed members at the
same time.
43 Constitution
of school boards of school-related institutions and other schools in special
circumstances
(1) This section applies to a school that is—
(a) a school-related institution; or
(b) declared, in writing, by the chief executive to be a school to which
special circumstances apply.
(2) If the school is a school-related institution, the chief executive
must, if practical, determine the constitution of the school board of the
school.
Example
It may not be practical to establish a school board for a school-related
institution with fewer than 3 staff.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) Subsection (2) does not prevent the chief executive from determining
the constitution of a single school board for 2 or more institutions.
(4) If the chief executive makes a determination under subsection (2) for
the school, the chief executive may also determine—
(a) the members who are required to be present at a meeting of the board;
and
(b) the members who may not vote at a meeting of the board.
(5) If the school is a school to which special circumstances apply, the
chief executive may determine the following:
(a) the constitution of the school board of the school;
(b) the members who are required to be present at a meeting of the board;
(c) the members who may not vote at a meeting of the board.
(6) The chief executive may make a determination under subsection (2), (4)
or (5) only with the Minister’s written approval.
(7) Before making the determination the chief executive must, if
practical, consult with the parents of students at the school, at a general
meeting of the parents, about the constitution of the board.
(8) In deciding whether or not to give the approval, the Minister must
have regard to—
(a) the need for the principal of the school to be a member of the board;
and
(b) the need for the chief executive to be represented on the board;
and
(c) whether staff of the school and students at the school have been
consulted about the constitution of the board; and
(d) any comments made by the staff and students at the school about the
constitution of the board; and
(e) the administrative needs, educational or related objectives, and any
special characteristics of the school.
(9) The chief executive may appoint a person in accordance with the
determination to be a member of the board of the school.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
(10) A member of the board is appointed for the term stated in the
instrument making or evidencing the appointment.
(11) A determination under subsection (2), (4) or (5) must be in writing
and is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
44 Ending
of appointment of members of school board
(1) The chief executive must end the appointment of a member of the school
board of a government school if the member ceases to be eligible to be appointed
or elected to the position.
(2) The chief executive must end the appointment of a member of the school
board of a government school, other than the principal of the school,
if—
(a) the member is absent from 3 consecutive meetings of the board without
reasonable excuse or leave given by the board; or
(b) contravenes section 49 (Disclosure of interests by members of school
boards) without reasonable excuse.
(3) The chief executive may end the appointment of a member of the school
board of a government school, other than the principal at the school, for
misbehaviour or physical or mental incapacity.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
45 Chairperson
and deputy chairperson of school boards
(1) The members of the school board of a government school must, whenever
necessary, elect—
(a) a member to be chairperson; and
(b) another member to be deputy chairperson.
(2) The school board must tell the chief executive of the election of a
member as chairperson or deputy chairperson.
(3) The members of the school board must not appoint the principal of the
school or a member of staff of the school to be chairperson of the
board.
46 School
boards to take part in selection of school principals
The members of the school board of a government school must, whenever
necessary, nominate a member of the board as a member of any selection panel
established by the chief executive to make recommendations to the chief
executive about the appointment of the principal for the school.
Division
3.4.3 Proceedings of school boards
47 Time
and place of meetings of school boards
(1) The school board of a government school meets at the times and places
it decides.
(2) However, the school board must meet at least 4 times a year.
(3) The chairperson—
(a) may at any time call a meeting of the school board; and
(b) must call a meeting if asked by the Minister, the chief executive or 3
members of the board.
(4) If the chairperson is not available to call a meeting for any reason,
the deputy chairperson or the principal of the school may call a meeting of the
school board.
48 Procedures
governing proceedings of school boards
(1) The chairperson of the school board of a government school presides at
all meetings of the board at which the chairperson is present.
(2) If the chairperson is absent, the deputy chairperson
presides.
(3) If the chairperson and deputy chairperson are both absent, the member
chosen by the members present presides.
(4) Business may be carried out at a meeting of the school board only if 3
or more members are present and—
(a) for the school board of a school other than a school to which section
43 (Constitution of school boards of school-related institutions and other
schools in special circumstances) applies—at least 1 of the members
present is a staff member and at least 1 of the members present is a parents and
citizens association member; or
(b) for the school board of a school to which section 43 applies—the
members (if any) who are required, under the determination under section 43 (4)
or (5) applying to the school, to be present at a meeting of the school board
are present.
(5) At a meeting of the school board each member (other than a non-voting
member) has a vote on each question to be decided.
(6) A question is to be decided by a majority of the votes of the members
present and voting but, if the votes are equal, the member presiding has a
casting vote.
(7) The school board may hold meetings, or allow members to take part in
meetings, by telephone, closed-circuit television or another form of
communication.
(8) A member who takes part in a meeting under subsection (7) is
taken to be present at the meeting.
(9) A resolution of the school board is a valid resolution, even though it
is not passed at a meeting of the board, if—
(a) all members (other than the non-voting members) agree, in writing, to
the proposed resolution; and
(b) notice of the resolution is given under procedures decided by the
school board.
(10) The school board must keep minutes of its meetings.
(11) The school board may conduct its proceedings (including its meetings)
as it otherwise considers appropriate.
(12) In this section:
non-voting member means—
(a) for the school board of a school other than a school to which section
43 applies—a board appointed member; or
(b) for the school board of a school to which section 43 applies—a
member who, under the determination under section 43 (4) or (5) applying to the
school, may not vote at a meeting of the school board.
49 Disclosure
of interests by members of school boards
(1) This section applies to a member of a school board if—
(a) the member has a direct or indirect financial interest in an issue
being considered, or about to be considered, by the board; and
(b) the interest could conflict with the proper exercise of the
member’s functions in relation to the board’s consideration of the
issue.
(2) As soon as practicable after the relevant facts come to the
member’s knowledge, the member must disclose the nature of the interest to
a meeting of the school board.
(3) The disclosure must be recorded in the school board’s minutes
and, unless the board otherwise decides, the member (the first
member) must not—
(a) be present when the board considers the issue; or
(b) take part in a decision of the board on the issue.
(4) Any other member who also has a direct or indirect financial interest
in the issue must not—
(a) be present when the school board is considering its decision under
subsection (3) in relation to the first member; or
(b) take part in making the decision.
(5) Within 14 days after the end of each financial year, the chairperson
of the school board must give the chief executive a statement of any disclosure
of interest made under this section in relation to the school board during the
financial year.
Division
3.4.4 Financial
matters
50 School
boards to approve budgets
(1) The school board of a government school must approve a budget for each
year.
(2) The school board must approve the budget before the date decided by
the chief executive.
(3) The budget may only be approved by the school board if it is in the
form, and based on the accounting or other policies or practices, (if any)
required by the chief executive.
(4) The chief executive may ask the school board to approve a budget for a
part of a year.
(5) The school board must comply with the request.
(6) If the school board approves the budget, money of the school may be
spent in accordance with the budget.
51 Application
of money of school
The school board of a government school may approve the spending of money
of the school only in payment or discharge of the costs of, or liabilities
incurred by, the school.
52 School
boards to approve financial statement and report
(1) As soon as practicable after the end of each half-year (but not later
than the date decided by the chief executive), the school board of a government
school must approve a financial statement for the half-year, in a form approved
by the chief executive or as the chief executive directs.
(2) As soon as practicable after the end of each year (but not later than
the date decided by the chief executive), the school board of a government
school must approve an annual report on the board’s operations during the
year.
(3) The annual report must include—
(a) the financial statements approved under subsection (1) for each
half-year; and
(b) a statement of how voluntary contributions made to the school have
been or will be spent; and
(c) if a school board is holding funds in reserve—a statement
setting out the purposes for which the funds are being held and the amount being
held for each of those purposes.
Note If a form is approved under s 156
for a statement under par (c), the form must be used.
(4) The school board must give a copy of each report approved under this
section to the chief executive.
(5) The chief executive may issue guidelines about what is, or is not,
holding funds in reserve.
53 School
boards to make available summaries of budget and annual report
(1) Not later than 14 days after approving the budget for a year, the
school board of a government school must make a summary of the budget available
to parents of students at the school and to the staff and students of the
school.
(2) Not later than 14 days after approving the annual report for a year,
the school board of a government school must make a summary of the report
available to parents of students at the school and to the staff and students of
the school.
Part
3.5 Government Schools Education
Council
Division
3.5.1 Establishment and
membership
54 Establishment
of council (government)
The Government Schools Education Council (in this part called the
council) is established.
55 Functions
of council (government)
The functions of the council are—
(a) to advise the Minister on any aspect of the ACT government school
system; and
(b) when asked by the Minister under this paragraph, to inquire into and
give advice to the Minister on any aspect of the ACT government school system;
and
(c) to meet with the Non-Government Schools Education Council to discuss
matters of mutual interest; and
(d) to exercise any other function given to the council under this Act or
any other Territory law.
Note The Minister must present a copy of any advice to the
Legislative Assembly (see s 73).
56 Membership
of council (government)
The council consists of the following members:
(a) the chief executive;
(b) the members (appointed members) appointed under section
57.
57 Appointed
members of council (government)
The Minister must appoint the following members of the council:
(a) a chairperson;
(b) 6 people who, in the Minister’s opinion, have experience in
1 or more of the areas of business and commerce, public policy, early
childhood care, education, the special needs of young people and teacher
education (the community members);
(c) 10 people who, in the Minister’s opinion, represent the views of
government school education (the education members).
(2) For subsection (1) (c), the Minister must appoint—
(a) 2 education members chosen from nominations of the peak organisation
representing principals; and
(b) 2 education members chosen from nominations of the government teacher
union; and
(c) 2 education members chosen from nominations of the peak organisation
representing parent associations of government schools; and
(d) 2 education members chosen from nominations of the peak organisation
representing students; and
(e) 1 education member chosen from nominations of the peak organisation
representing school boards; and
(f) 1 education member chosen from nominations of the peak organisation
representing preschool parents.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
Note 3 Certain Ministerial appointments require consultation with a
Legislative Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
58 Deputy
chairperson of council (government)
(1) The appointed members must, whenever necessary, elect another
appointed member to be deputy chairperson.
(2) The council must tell the Minister of the election of an appointed
member as deputy chairperson.
59 Term
of appointment to council (government)
(1) An appointed member is to be appointed for a term not longer than
3 years.
(2) The instrument appointing, or evidencing the appointment of, an
appointed member must state whether the person is appointed as chairperson or a
community or education member.
Note A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and
dict, pt 1, def appoint).
60 Ending
of appointment to council (government)
(1) The Minister may end the appointment of an appointed
member—
(a) for misbehaviour; or
(b) for contravening section 65 (Disclosure of interests by members of
council (government)).
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
(2) The Minister may also end the appointment of an education member if
satisfied that the person no longer represents the views of the organisation
from which the person was chosen.
61 Conditions
of appointment generally of appointed members
An appointed member holds the position on the conditions not provided by
this Act or another Territory law that are decided by the Minister.
62 Arrangements
for staff
(1) The council may arrange with the chief executive to use public
servants in the administrative unit under the chief executive’s
control.
(2) The Public Sector Management Act 1994 applies to the management
by the council of public servants the subject of an arrangement under
subsection (1).
Division
3.5.2 Proceedings of council
(government)
63 Time
and place of meetings of council (government)
(1) The council meets at the times and places it decides.
(2) However, the council must meet at least twice a year.
(3) The chairperson—
(a) may at any time call a meeting of the council; and
(b) must call a meeting if asked by the Minister, the chief executive or
at least 9 members.
(4) If the chairperson is not available to call a meeting for any reason,
the deputy chairperson may call a meeting of the council.
64 Procedures
governing proceedings of council (government)
(1) The chairperson of the council presides at all meetings of the council
at which the chairperson is present.
(2) If the chairperson is absent, the deputy chairperson
presides.
(3) If the chairperson and deputy chairperson are both absent, the member
chosen by the members present presides.
(4) Business may be carried out at a meeting of the council only if 9
members are present.
(5) At a meeting of the council each appointed member has a vote on each
question to be decided.
(6) A question is to be decided by a majority of the votes of the members
present and voting but, if the votes are equal, the member presiding has a
casting vote.
(7) The council may hold meetings, or allow members to take part in
meetings, by telephone, closed-circuit television or another form of
communication.
(8) A member who takes part in a meeting under subsection (7) is
taken to be present at the meeting.
(9) A resolution of the council is a valid resolution, even though it was
not passed at a meeting of the council, if—
(a) all appointed members agree, in writing, to the proposed resolution;
and
(b) notice of the resolution is given under procedures decided by the
council.
(10) The council must keep minutes of its meetings.
(11) The council may conduct its proceedings (including its meetings) as
it otherwise considers appropriate.
65 Disclosure
of interests by members of council (government)
(1) This section applies to a member of the council if—
(a) the member has a direct or indirect financial interest in an issue
being considered, or about to be considered, by the council; and
(b) the interest could conflict with the proper exercise of the
member’s functions in relation to the council’s consideration of the
issue.
(2) As soon as practicable after the relevant facts come to the
member’s knowledge, the member must disclose the nature of the interest to
a meeting of the council.
(3) The disclosure must be recorded in the council’s minutes and,
unless the council otherwise decides, the member (the first
member) must not—
(a) be present when the council considers the issue; or
(b) take part in a decision of the council on the issue.
(4) Any other member who also has a direct or indirect financial interest
in the issue must not—
(a) be present when the council is considering its decision under
subsection (3) in relation to the first member; or
(b) take part in making the decision.
(5) Within 14 days after the end of each financial year, the chairperson
of the council must give the Minister a statement of any disclosure of interest
made under this section during the financial year.
66 Annual
report by council (government)
(1) As soon as practicable after the end of each financial year (but not
later than the date decided by the Minister), the council must give the Minister
a report about its operations for the financial year.
(2) The Minister must present a copy of the report under this section to
the Legislative Assembly within 6 sitting days after the day the Minister
receives the report.
Part
3.6 Other
provisions
Division
3.6.1 Authorised persons
(government)
67 Appointment
of authorised persons (government)
(1) The chief executive may appoint a person to be an authorised person
(government) for this Act or a provision of this Act, other than chapter 4
(Non-government schools).
Note For the making of appointments (including acting appointments),
see Legislation Act, pt 19.3.
(2) The regulations may prescribe a person to be an authorised person
(government) for this Act or a provision of this Act, other than chapter
4.
(3) A person may be appointed as an authorised person (government) under
subsection (1) only if—
(a) the person is an Australian citizen or a permanent resident of
Australia; and
(b) the chief executive is satisfied that the person is a suitable person
to be appointed, having regard in particular to—
(i) whether the person has any criminal convictions; and
(ii) the person’s employment record; and
(c) the person has satisfactorily completed adequate training to exercise
the powers of an authorised person (government) proposed to be given to the
person.
68 Identity
cards for authorised persons (government)
(1) The chief executive must give an authorised person (government) an
identity card that states the person is an authorised person (government) for
this Act, or stated provisions of this Act, and shows—
(a) a recent photograph of the person; and
(b) the name of the person; and
(c) the date of issue of the card; and
(d) an expiry date for the card; and
(e) anything else prescribed under the regulations.
(2) A person who ceases to be an authorised person (government) must
return his or her identity card to the chief executive as soon as practicable,
but within 21 days after the day the person ceases to be an authorised
person.
Maximum penalty: 1 penalty unit.
(3) An offence against subsection (2) is a strict liability
offence.
Division
3.6.2 Inspection powers for government
schools
69 Power
not to be exercised before identity card shown etc
(1) An authorised person (government) may exercise a power under this
chapter in relation to a person only if the authorised person first shows the
person his or her identity card.
(2) An authorised person (government) may not remain in a government
school entered under this division if, when asked by the principal, the
authorised person does not show his or her identity card.
70 Entry
to government schools
An authorised person (government) may enter a government school at any
time.
An authorised person (government) who enters a government school under
section 70 may inspect the school or anything in it (including the register of
enrolment and attendances).
Division
3.6.3 Miscellaneous
72 Protection
of members of school boards
(1) A person who is, or has been, a member of a school board of a
government school is not civilly liable for an act or omission done honestly in
the exercise of a function under this Act.
(2) Any liability that would, apart from subsection (1), attach to a
person attaches to the Territory.
73 Minister
to present advice of council (government)
The Minister must present a copy of advice given to the Minister under
section 55 (a) or (b) (Functions of council (government)) to the Legislative
Assembly within 6 sitting days after the day it is given to the
Minister.
Chapter
4 Non-government
schools
74 Meaning
of school in ch 4
In this chapter:
school does not include a government school.
75 Principles
on which ch 4 based
The following are the principles on which this chapter is based:
(a) the non-government school sector consists of schools from a range of
different educational and religious philosophies;
(b) the variety of schools in the sector reflects the diversity of the
community in the ACT and the preferences of parents for a particular style of
education for their children;
(c) the non-government schools sector is committed to—
(i) developing the spiritual, physical, emotional and intellectual welfare
of its students; and
(ii) innovation, diversity and choice; and
(iii) maximising student outcomes; and
(iv) teacher, parent and student participation in all aspects of school
education; and
(v) promoting the partnership between home and school; and
(vi) preparing students for their full participation in all aspects of a
democratic society.
76 Minister
to seek advice
(1) Before deciding the budget priorities for non-government schools each
year, the Minister must ask for, and consider the advice of, the Non-government
Schools Education Council.
(2) This section does not limit the matters that the Minister may take
into account in deciding the budget priorities for non-government
schools.
The Minister must appoint a Registrar of Non-Government Schools.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
Note 3 Certain Ministerial appointments require consultation with a
Legislative Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
78 Functions
of registrar
The registrar has the following functions:
(a) to register non-government schools;
(b) to keep a register of non-government schools;
(c) to exercise any other function given to the registrar under this Act
or any other Territory law.
79 Register
of non-government schools
The registrar must keep a register of non-government schools.
80 Availability
of information about operation of non-government schools and their educational
programs
(1) The principal of a non-government school must make available to
parents of students at the school and to the staff and students of the school
information about the school’s educational programs and policies, and the
operation of the school.
(2) The principal of a non-government school must also consult parents of
students at the school about the operation of the school, including its
educational programs and policies.
81 Approved
educational courses for children at non-government schools
(1) The principal of a non-government school may approve
educational courses that may be provided to a child enrolled at the school at a
place other than the school.
(2) An approval may be subject to conditions.
(3) However, the principal may approve an educational course only if
satisfied that—
(a) the standard of the course is appropriate; and
(b) there are adequate facilities for conducting the course; and
(c) the premises where the course is to be conducted comply with any
relevant Territory laws about health and safety standards.
Part
4.2 Registration—non-government
schools
82 Schools
to be registered
(1) A person must not conduct a school unless it is registered or
provisionally registered under this part.
Maximum penalty: 50 penalty units.
(2) The principal of a school commits an offence if—
(a) the school is not registered or provisionally registered under this
part; and
(b) the school begins educating a child at any educational
level.
Maximum penalty: 20 penalty units.
(3) The principal of a school commits an offence if—
(a) the school is not registered or provisionally registered under this
part for education at a particular education level; and
(b) the school begins educating a child at that education level.
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability
offence.
83 Applications
for in-principle approval for proposed registration
(1) This section applies if a person intends to make application
under—
(a) section 85 for provisional registration of a school; or
(b) section 89 for registration of a school at an additional educational
level.
(2) The person must apply in writing to the Minister for approval
(in-principle approval) to apply for the proposed
registration.
(3) The application for in-principle approval must be made at least
2 years before the day the person proposes to apply to the Minister for
provisional registration of the school or for registration of the school at the
additional educational level.
(4) The applicant must state the day (the proposed opening
day), not later than 4 years after the day the application is made to
the Minister, when the person proposes to begin operating the school or
operating the school at the additional educational level.
(5) The chief executive must publish notice of the making of the
application in a daily newspaper printed and published in the ACT.
(6) The notice must state that written comments on the proposed
registration may be made to the Minister within a stated period of at least 60
days after the day the notice is published.
(7) The chief executive must make a copy of the application available for
inspection by members of the public at the chief executive’s office during
ordinary business hours.
84 Deciding
in-principle applications
(1) In deciding whether to give in-principle approval for the provisional
registration of a school, the Minister must have regard to—
(a) whether the proposed school would undermine the viability of existing
schools; and
(b) whether there is, or is likely to be, demand in the community for the
proposed school, including—
(i) any increase, or likely increase, in the number of school-age children
in the area where the school is to be located; and
(ii) the level of registration of interest shown by the community for the
proposed school.
(2) In deciding whether to give in-principle approval for the registration
of a school at an additional educational level, the Minister must have regard
to—
(a) whether the provision of the additional educational level by the
school would undermine the viability of other existing schools; and
(b) the demand for the additional educational level, including the level
of registration of interest shown by the community for the proposed provision of
the additional educational level by the school.
(3) If the Minister is satisfied after considering the application, and
after having regard to any comments made under section 83 (6) and the matters
mentioned in subsection (1) or (2), that in-principle approval should be given
for the proposed registration, the Minister must, by written notice, give the
person in-principle approval for the proposed application.
(4) If the Minister is not satisfied after considering the application,
and after having regard to any comments made under section 83 (6) and the
matters mentioned in subsection (1) or (2), that in-principle approval should be
given for the proposed registration, the Minister must, by written notice,
refuse to give the person in-principle approval for the proposed
application.
(5) A notice under subsection (3) or (4) must state the Minister’s
reasons for giving or refusing to give in-principle approval for the proposed
registration.
(6) The chief executive must make a copy of the Minister’s reasons
available for inspection by members of the public at the chief executive’s
office during ordinary business hours.
(7) An in-principle approval lapses on whichever of the following is
later:
(a) 2 years after the day it is given;
(b) the proposed opening day.
85 Application
for provisional registration
(1) This section applies if—
(a) a person has in-principle approval under section 84 to apply for
provisional registration of a school; and
(b) the person has given the registrar written notice of the
person’s intention to apply at least the prescribed period before the
first day of the school year or term when it is proposed to begin operating the
school; and
(c) the in-principle approval has not lapsed.
(2) The person may apply in writing to the Minister for provisional
registration of the school.
(3) The application must state where the school is to be
located.
(4) In this section:
prescribed period means—
(a) 6 months; or
(b) if the Minister approves a shorter period for the notice—that
period.
86 Provisional
registration
(1) This section applies if an application is made under section 85 for
provisional registration of a school.
(2) Before deciding whether the school should be provisionally registered,
the Minister must appoint a panel to report to the Minister on the
application.
(3) If the Minister is satisfied after considering the panel’s
report that the school meets the criteria mentioned in subsection (6), the
Minister must direct the registrar to provisionally register the
school.
Note Section 93 deals with the duration of provisional
registration.
(4) If the Minister directs the registrar to provisionally register the
school, the registrar must provisionally register the school by—
(a) entering particulars of the school required under the regulations in
the register of non-government schools; and
(b) giving the proprietor of the school a certificate of provisional
registration for the school.
(5) If the Minister is not satisfied after considering the panel’s
report that the school meets the criteria mentioned in subsection (6), the
Minister must direct the registrar to refuse to provisionally register the
school.
(6) The criteria for provisional registration of a school are
that—
(a) the proprietor of the school is a corporation; and
(b) the school will have appropriate policies, facilities and equipment
for—
(i) the curriculum to be offered by the school; and
(ii) the safety and welfare of its students; and
(c) the curriculum (including the framework of the curriculum and the
principles on which the curriculum is based) will meet the curriculum
requirements for students attending government schools; and
(d) the nature and content of the education to be offered at the school
will be appropriate for the educational levels for which provisional
registration of the school is sought; and
(e) the teaching staff will be qualified to teach at the educational
levels at which they are to be employed to teach; and
(f) the school will have satisfactory processes to monitor quality
educational outcomes; and
(g) the school will be financially viable.
87 Application
for registration
(1) This section applies to a school that has been provisionally
registered for at least 12 months.
(2) The proprietor of the school may apply in writing to the Minister for
registration of the school at the educational levels for which the school is
provisionally registered.
(3) The chief executive must publish notice of the making of the
application in a daily newspaper printed and published in the ACT.
(4) The chief executive must make a copy of the application for
registration available for inspection by members of the public at the chief
executive’s office during ordinary business hours.
(1) This section applies if an application is made under section 87 for
registration of a school.
(2) Before deciding whether the school should be registered, the Minister
must appoint a panel to report to the Minister on the application.
(3) If the Minister is satisfied after considering the panel’s
report that the school meets the criteria mentioned in subsection (6), the
Minister must direct the registrar to register the school for a stated period of
not longer than 5 years.
(4) If the Minister directs the registrar to register the school, the
registrar must register the school by—
(a) entering particulars of the school required under the regulations in
the register of non-government schools; and
(b) giving the proprietor of the school a certificate of registration for
the school.
(5) If the Minister is not satisfied after considering the panel’s
report that the school meets the criteria mentioned in subsection (6), the
Minister must direct the registrar to refuse to register the school.
(6) The criteria for registration of a school are that—
(a) the proprietor of the school is a corporation; and
(b) the school has appropriate policies, facilities and equipment
for—
(i) the curriculum offered by the school; and
(ii) the safety and welfare of its students; and
(c) the curriculum (including the framework of the curriculum and the
principles on which the curriculum is based) meets the curriculum requirements
for students attending government schools; and
(d) the nature and content of the education offered at the school are
appropriate for the educational levels for which the school is provisionally
registered; and
(e) the teaching staff are qualified to teach at the educational levels at
which they are employed to teach; and
(f) the school has satisfactory processes to monitor quality educational
outcomes; and
(g) the school is financially viable.
89 Application
for registration at additional educational levels
(1) This section applies if—
(a) a proprietor of a registered non-government school has in-principle
approval under section 84 (Deciding in-principle applications) to apply to
operate the school at a stated additional educational level; and
(b) the proprietor has given the registrar written notice of the
proprietor’s intention to apply at least the prescribed period before the
first day of the school year or term when it is proposed to begin operating the
school at the additional educational level; and
(c) the in-principle approval has not lapsed.
(2) The proprietor of the school may apply in writing to the Minister for
registration of the school at the additional educational level.
(3) The chief executive must publish notice of the making of the
application in a daily newspaper printed and published in the ACT.
(4) The notice must state that written comments on the proposed
registration may be made to the Minister within a stated period of at least 60
days after the day the notice is published.
(5) The chief executive must make a copy of the application available for
inspection by members of the public at the chief executive’s office during
ordinary business hours.
(6) In this section:
prescribed period means—
(a) 6 months; or
(b) if the Minister approves a shorter period for the
application—that period.
90 Registration
at additional educational levels
(1) This section applies if an application made under section 89 for
registration of a school at an additional educational level.
(2) Before deciding whether a school should be registered at the
additional educational level, the Minister must appoint a panel to report to the
Minister on the application.
(3) If the Minister is satisfied after considering the panel’s
report that the school meets the criteria mentioned in subsection (7), the
Minister must direct the registrar to register the school at the additional
educational level.
(4) If the Minister directs the registrar to register the school at the
additional educational level, the registrar must register the school at the
additional educational level by—
(a) entering the particulars of the school required under the regulations
in the register of non-government schools; and
(b) giving the proprietor of the school a certificate of registration that
includes the additional educational level (a new
certificate).
(5) If the registrar gives the proprietor a new certificate, the
proprietor must return the school’s existing certificate of registration
to the registrar within 14 days after the day the proprietor receives the new
certificate.
(6) If the Minister is not satisfied after considering the panel’s
report that the school meets the criteria mentioned in subsection (7), the
Minister must direct the registrar to refuse to register the school at the
additional educational level.
(7) The criteria for registration of a school at an additional educational
level are that—
(a) the school will have appropriate policies, facilities and equipment
for—
(i) the curriculum to be offered by the school at the additional
educational level; and
(ii) the safety and welfare of its students at the additional educational
level; and
(b) the curriculum (including the framework of the curriculum and the
principles on which the curriculum is based) meets the curriculum requirements
for students attending government schools; and
(c) the nature and content of the education to be offered at the school
will be appropriate for the additional educational level; and
(d) the teaching staff will be qualified to teach at the additional
educational level; and
(e) the school will have satisfactory processes to monitor quality
educational outcomes at the additional educational level; and
(f) the school will be financially viable.
91 Conditions
of provisional registration or registration
The conditions of provisional registration or registration of a school
under this part are that—
(a) the proprietor of the school remains a corporation; and
(b) the school has appropriate policies, facilities and equipment
for—
(i) the curriculum offered by the school; and
(ii) the safety and welfare of its students; and
(c) the curriculum (including the framework of the curriculum and the
principles on which the curriculum is based) meets the curriculum requirements
for students attending government schools; and
(d) the nature and content of the education offered at the school are
appropriate for the educational levels for which the school is provisionally
registered or registered; and
(e) the teaching staff are qualified to teach at the educational levels at
which they are employed to teach; and
(f) the school has satisfactory processes to monitor quality educational
outcomes; and
(g) the school is financially viable.
92 Certificate
of provisional registration or registration
(1) A certificate of provisional registration or registration of a
non-government school must—
(a) state the proprietor of the school; and
(b) state the educational level or levels for which the school is
provisionally registered or registered under this part; and
(c) state where the school is to be located; and
(d) state the term of provisional registration or registration;
and
(e) include any other particulars required under the
regulations.
(2) The registrar may include any other particulars in the certificate
that the registrar considers appropriate.
(3) The proprietor of a registered non-government school must tell the
registrar in writing about a change in any of the particulars of the certificate
within 1 month after the day the change happens.
93 Period
of provisional registration and registration
(1) Provisional registration of a school ends when the earliest of the
following happens:
(a) 2 years after the school is provisionally registered;
(b) the school is registered under section 88.
(2) Registration of a school is for a period not longer than 5 years
stated in the school’s certificate of registration.
94 Investigation
of complaints—non-government schools
(1) The proprietor of a non-government school must develop and implement a
complaints policy for the school.
(2) The proprietor of a non-government school must, as soon as
practicable, investigate any complaint about the administration, management and
operation of the school that, in the proprietor’s opinion, is not a
frivolous or vexatious complaint.
95 Cancellation
of provisional registration or registration
(1) The Minister may direct the registrar to cancel the provisional
registration or registration of a school if satisfied on reasonable
grounds—
(a) that a condition of the school’s provisional registration or
registration has been contravened; or
(b) that the school’s proprietor or principal has otherwise
contravened this Act.
Note Section 91 (Conditions of provisional registration or
registration) sets out the conditions of registration.
(2) Before directing the registrar to cancel the provisional registration
or registration of a school, the Minister must give the proprietor of the school
a written notice—
(a) stating the grounds on which the Minister proposes to direct the
registrar to cancel the provisional registration or registration; and
(b) stating the facts that, in the Minister’s opinion, establish the
grounds; and
(c) telling the proprietor that the proprietor may, within 14 days
beginning the day after the day the proprietor receives the notice, give a
written response to the Minister about the matters in the notice.
(3) In deciding whether to direct the registrar to cancel the provisional
registration or registration, the Minister must consider any response given to
the Minister in accordance with subsection (2) (c).
(4) If the Minister is satisfied that the grounds for cancelling the
provisional registration or registration have been established, the Minister may
direct the registrar to cancel the school’s provisional registration or
registration.
(5) If the Minister directs the registrar to cancel the school’s
provisional registration or registration, the registrar must cancel the
provisional registration or registration by noting the cancellation in the
particulars of the school in the register of non-government schools.
(6) The Minister must give the proprietor written notice of the
Minister’s decision.
(7) Cancellation of provisional registration or registration takes effect
on the day when notice of the cancellation is given to the proprietor or, if the
notice states a later date of effect, that date.
96 Application
for renewal of registration
(1) The proprietor of a non-government school that is registered under
this part may apply in writing to the Minister for renewal of the
registration.
(2) The application must be made at least the prescribed period before the
registration ends.
(3) In this section:
prescribed period means—
(a) 6 months; or
(b) if the Minister approves a shorter period—that period.
97 Renewal
of registration
(1) This section applies if application is made under section 96 for
renewal of registration of a school.
(2) Before deciding whether the registration of a school should be
renewed, the Minister must appoint a panel to report to the Minister on the
application.
(3) If the Minister is satisfied, after considering the panel’s
report, that the school meets the criteria mentioned in subsection (6), the
Minister must direct the registrar to renew the registration of the school for a
stated period of not longer than 5 years.
(4) If the Minister directs the registrar to renew the registration of the
school, the registrar must renew the registration by—
(a) entering the particulars of the school required under the regulations
in the register of non-government schools; and
(b) giving the proprietor of the school a certificate of registration for
the school.
(5) If the Minister is not satisfied, after considering the panel’s
report, that the school meets the criteria mentioned in subsection (6), the
Minister must direct the registrar to refuse to renew the registration of the
school.
(6) The criteria for renewal of registration of a school are
that—
(a) the proprietor of the school remains a corporation; and
(b) the school has appropriate policies, facilities and equipment
for—
(i) the curriculum offered by the school; and
(ii) the safety and welfare of its students; and
(c) the curriculum (including the framework of the curriculum and the
principles on which the curriculum is based) meets the curriculum requirements
for students attending government schools; and
(d) the nature and content of the education offered at the school are
appropriate for the educational levels for which the school is provisionally
registered or registered; and
(e) the teaching staff are qualified to teach at the educational levels at
which they are employed to teach; and
(f) the school has satisfactory processes to monitor quality educational
outcomes; and
(g) the school is financially viable.
Part
4.3 Attendance at non-government
schools
98 Keeping
of register of enrolments and attendances for non-government
schools
(1) The principal of a non-government school, or the person giving an
approved educational course (non-government), commits an offence if the
principal or person fails to keep a register of enrolments and
attendances
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability
offence.
99 Keeping
records of enrolment and attendances for non-government
schools
(1) The principal of a non-government school, or the person giving an
approved educational course (non-government), must ensure that the following
information is entered in the register of enrolments and attendances:
(a) the full name of each child enrolled at the school or course;
(b) a record of the attendance or nonattendance of the child at the school
or course on every day when the school or course is open for
attendance.
Maximum penalty: 10 penalty units.
(2) The principal of a non-government school, or the person giving an
approved educational course (non-government), commits an offence
if—
(a) the principal or person makes an entry in the register of enrolments
and attendances; and
(b) the principal or person is reckless about whether the entry is
correct.
Maximum penalty: 10 penalty units.
(3) An offence against subsection (1) is a strict liability
offence.
100 Inspection
of register of enrolment and attendances for non-government
schools
(1) The principal of a non-government school, or the person giving an
approved educational course (non-government), commits an offence
if—
(a) an authorised person (non-government) asks the principal or person to
make the register of enrolments and attendances available to the authorised
person; and
(b) the principal or person fails to make the register available as
asked.
Maximum penalty: 10 penalty units.
(2) The principal of a non-government school, or the person giving an
approved educational course (non-government), commits an offence
if—
(a) the chief executive or an authorised person (non-government) asks the
principal or the person to give the chief executive or authorised person stated
information about enrolments or attendances of children at the school or course
during a stated period or at a stated time; and
(b) the principal or person fails to give the information in accordance
with the request.
Maximum penalty: 50 penalty units.
(3) An authorised person (non-government) may make copies of the register
of enrolments and attendances or any part of the register.
(4) The principal of a non-government school, or the person giving an
approved educational course (non-government), must take reasonable steps to
assist an authorised person (non-government) in exercising functions under this
section.
(5) An offence against this section is a strict liability
offence.
101 Procedures
to encourage attendance at non-government schools
(1) The principal of a non-government school must set up
procedures—
(a) to encourage children to attend school regularly; and
(b) to help parents to encourage their children to attend school
regularly.
(2) The principal must refer parents and children to support services that
encourage children to attend school regularly when the procedures mentioned in
subsection (1) are not successful.
(3) If a child enrolled at a non-government school has not been attending
school regularly, the principal of the school may, by written notice, require
the child’s parents and the child to meet with an authorised person
(non-government) at a stated place and time.
102 Reporting
to parents—non-government schools
(1) The principal of a non-government school must set up procedures for
giving reports to the parents of a child enrolled at the school about the
child’s academic progress and social development at the school.
(2) A report must be given to the child’s parents at least twice a
year.
103 Suspension
or exclusion of children—Catholic systemic schools
(1) This section applies if—
(a) a child attending a non-government school that is a Catholic systemic
school—
(i) is persistently and wilfully noncompliant; or
(ii) threatens to be violent or is violent to another child attending the
school, a member of the staff of the school or anyone else involved in the
school’s operation; or
(iii) acts in a way that otherwise threatens the good order of the school
or the safety or wellbeing of another child attending the school, a member of
staff of the school or anyone else involved in the school’s operation;
or
(iv) displays behaviour that is disruptive to the child’s learning
or that of other children; and
(b) the principal of the school is satisfied that action should be taken
under this section.
(2) The principal may recommend to the director that the
director—
(a) suspend the child from the school for a stated period of not longer
than 20 days; or
(b) transfer the child to another Catholic systemic school; or
(c) exclude the child from all Catholic systemic schools.
(3) After considering the principal’s recommendation, the director
may—
(a) give effect to the recommendation; or
(b) take any other action mentioned in subsection (2) that the director
considers appropriate; or
(c) suspend the child for not longer than 20 days.
(4) The director may exclude the child only if—
(a) the child’s parents have been given an opportunity to be
consulted, and told in writing, about the proposed exclusion of the child and
the reasons for it; and
(b) the child has been given a reasonable opportunity to attend
counselling, undertake relevant educational programs or receive other
appropriate assistance; and
(c) as far as the child’s maturity and capacity for understanding
allow, the participation of the child has been sought, and any views of the
child considered, in deciding whether to exclude the child; and
(d) the child has been given sufficient information about the
decision-making process, in a language and way that the child can understand, to
allow the child to take part in the process; and
(e) the child has been offered information about alternatives for
continuing the child’s education after the exclusion.
(5) The director may suspend or transfer the child only
if—
(a) the child’s parents have been given an opportunity to be
consulted, and told in writing, about the proposed suspension or transfer of the
child and the reasons for it; and
(b) as far as the child’s maturity and capacity for understanding
allow, the participation of the child has been sought, and any views of the
child considered, in deciding whether to suspend or transfer the child;
and
(c) the child has been given sufficient information about the
decision-making process, in a language and way that the child can understand, to
allow the child to take part in the process; and
(d) the child has been given a reasonable opportunity to continue the
child’s education during the suspension.
(6) Despite subsection (5), the director may immediately suspend the child
for not longer than 5 days if, in the director’s opinion, the
circumstances are of such urgency or seriousness to require the child’s
immediate suspension.
(7) However, before suspending the child under subsection (6), the
director must comply with the requirements of subsection (5) (a) to (d) to the
extent that it is practicable and appropriate to do so.
(8) To remove any doubt, the director may suspend the child under
subsection (6) while deciding what other action (if any) should be taken in
relation to the child under this section.
(9) The director may delegate the director’s power to suspend a
child from a school for not longer than 5 days to the principal of the
school.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
(10) If the director excludes a child from all Catholic systemic schools,
the director must give the registrar written notice of the exclusion.
(11) In this section:
director means the person occupying the position prescribed
under the regulations.
104 Suspension
or exclusion of children—other non-government schools
(1) This section applies if—
(a) a child attending a non-government school (other than a Catholic
systemic school)—
(i) is persistently and wilfully noncompliant; or
(ii) threatens to be violent or is violent to another child attending the
school, a member of the staff of the school or anyone else involved in the
school’s operation; or
(iii) acts in a way that otherwise threatens the good order of the school
or the safety or wellbeing of another child attending the school, a member of
staff of the school or anyone else involved in the school’s operation;
or
(iv) displays behaviour that is disruptive to the child’s learning
or that of other children; and
(b) the principal of the school is satisfied that action should be taken
under this section.
(2) The principal may—
(a) suspend the child from the school for a stated period of not longer
than 20 days; or
(b) exclude the child from the school.
(3) The principal may exclude the child only if—
(a) the child’s parents have been given an opportunity to be
consulted, and told in writing, about the proposed exclusion of the child and
the reasons for it; and
(b) the child has been given a reasonable opportunity to attend
counselling, undertake relevant educational programs or receive other
appropriate assistance; and
(c) as far as the child’s maturity and capacity for understanding
allow, the participation of the child has been sought, and any views of the
child considered, in deciding whether to exclude the child; and
(d) the child has been given sufficient information about the
decision-making process, in a language and way that the child can understand, to
allow the child to take part in the process; and
(e) the child has been offered information about alternatives for
continuing the child’s education after the exclusion.
(4) The principal may suspend the child only if—
(a) the child’s parents have been given an opportunity to be
consulted, and told in writing, about the proposed suspension of the child and
the reasons for it; and
(b) as far as the child’s maturity and capacity for understanding
allow, the participation of the child has been sought, and any views of the
child considered, in deciding whether to suspend the child; and
(c) the child has been given sufficient information about the
decision-making process, in a language and way that the child can understand, to
allow the child to take part in the process; and
(d) the child has been given a reasonable opportunity to continue the
child’s education during the suspension.
(5) Despite subsection (4), the principal may immediately suspend a child
for not longer than 5 days if, in the principal’s opinion, the
circumstances are of such urgency or seriousness to require the child’s
immediate suspension.
(6) However, before suspending a child under subsection (5), the principal
must comply with the requirements of subsection (4) (a) to (d) to the extent
that it is practicable and appropriate to do so.
(7) To remove any doubt, the principal may suspend the child under
subsection (5) while deciding what other action (if any) should be taken in
relation to the child under this section.
(8) If the principal of the school excludes a child from the school, the
principal must give the registrar written notice of the exclusion.
Part
4.4 Non-government Schools Education
Council
Division
4.4.1 Establishment and
membership
105 Establishment
of council (non-government)
The Non-government Schools Education Council (in this part called
the council) is established.
106 Functions
of council (non-government)
The functions of the council are—
(a) to advise the Minister on any aspect of non-government schooling;
and
(b) when asked by the Minister under this paragraph, to inquire into and
give advice to the Minister on any aspect of non-government schooling;
and
(c) to meet with the Government Schools Education Council to discuss
matters of mutual interest; and
(d) to exercise any other function given to the council under this Act or
any other Territory law.
Note The Minister must present a copy of any advice to the
Legislative Assembly (see s 126).
107 Membership
of council (non-government)
The council consists of the members appointed under section 108.
108 Members
of council (non-government)
(1) The Minister must appoint the following members of the
council:
(a) a chairperson;
(b) 4 people who, in the Minister’s opinion, represent the views of
the general community (the community members);
(c) 6 people who, in the Minister’s opinion, represent the views of
non-government school education (the education members).
(2) For subsection (1) (c), the Minister must appoint—
(a) 3 education members chosen from nominations of organisations
representing Catholic schools; and
(b) 1 education member chosen from nominations of organisations
representing non-Catholic independent schools; and
(c) 1 education member chosen from nominations of the non-government
school union; and
(d) 1 education member chosen from nominations of organisations
representing parent associations of non-government schools.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
Note 3 Certain Ministerial appointments require consultation with a
Legislative Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
109 Deputy
chairperson of council (non-government)
(1) The members of the council must, whenever necessary, elect another
member to be deputy chairperson.
(2) The council must tell the Minister of the election of the member as
deputy chairperson.
110 Term
of appointment to council (non-government)
(1) A member of the council is to be appointed for a term not longer than
3 years.
(2) The instrument appointing, or evidencing the appointment of, a member
of the council must state whether the person is appointed as chairperson or a
community or education member.
Note A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and
dict, pt 1, def appoint).
111 Ending
of appointment to council (non-government)
(1) The Minister may end the appointment of a member of the
council—
(a) for misbehaviour; or
(b) for contravening section 116 (Disclosure of interests by members of
council (non-government)).
(2) The Minister may also end the appointment of an education member if
satisfied that the person no longer represents the views of the organisation
from which the person was chosen.
Note A person’s appointment also ends if the person resigns
(see Legislation Act s 210).
112 Conditions
of appointment generally of council (non-government)
members
A member of the council holds the position on the conditions not provided
by this Act or another Territory law that are decided by the Minister.
113 Arrangements
for staff
(1) The council (non-government) may arrange with the chief executive to
use public servants in the administrative unit under the chief executive’s
control.
(2) The Public Sector Management Act 1994 applies to the management
by the council (non-government) of public servants the subject of an arrangement
under subsection (1).
Division
4.4.2 Proceedings of council
(non-government)
114 Time
and place of meetings of council (non-government)
(1) The council meets at the times and places it decides.
(2) However, the council must meet at least twice a year.
115 Proceedings
of council (non-government)
(1) The council must keep minutes of its meetings.
(2) The council may conduct its proceedings (including its meetings) as it
considers appropriate.
116 Disclosure
of interests by members of council (non-government)
(1) This section applies to a member of the council if—
(a) the member has a direct or indirect financial interest in an issue
being considered, or about to be considered, by the council; and
(b) the interest could conflict with the proper exercise of the
member’s functions in relation to the council’s consideration of the
issue.
(2) As soon as practicable after the relevant facts come to the
member’s knowledge, the member must disclose the nature of the interest to
a meeting of the council.
(3) The disclosure must be recorded in the council’s minutes and,
unless the council otherwise decides, the member (the first
member) must not—
(a) be present when the council considers the issue; or
(b) take part in a decision of the council on the issue.
(4) Any other member who also has a direct or indirect financial interest
in the issue must not—
(a) be present when the council is considering its decision under
subsection (3) in relation to the first member; or
(b) take part in making the decision.
(5) Within 14 days after the end of each financial year, the chairperson
of the council must give the Minister a statement of any disclosure of interest
made under this section during the financial year.
117 Annual
report by council (non-government)
(1) As soon as practicable after the end of each financial year (but not
later than the date decided by the Minister), the council must give the Minister
a report about its operations for the financial year.
(2) The Minister must present a copy of the report under this section to
the Legislative Assembly within 6 sitting days after the day the Minister
receives the report.
Part
4.5 Other
provisions
Division
4.5.1 Authorised persons
(non-government)
118 Appointment
of authorised persons (non-government)
(1) The chief executive may appoint a person to be an authorised person
(non-government) for this chapter or a provision of this chapter.
Note For the making of appointments (including acting appointments),
see Legislation Act, pt 19.3.
(2) The regulations may prescribe a person to be an authorised person
(non-government) for this chapter or a provision of this chapter.
(3) A person may be appointed as an authorised person (non-government)
under subsection (1) only if—
(a) the person is an Australian citizen or a permanent resident of
Australia; and
(b) the chief executive is satisfied that the person is a suitable person
to be appointed, having regard in particular to—
(i) whether the person has any criminal convictions; and
(ii) the person’s employment record; and
(c) the person has satisfactorily completed adequate training to exercise
the powers of an authorised person (non-government) proposed to be given to the
person.
119 Identity
cards for authorised persons (non-government)
(1) The chief executive must give an authorised person (non-government) an
identity card that states the person is an authorised person (non-government)
for this chapter, or stated provisions of this chapter, and
shows—
(a) a recent photograph of the person; and
(b) the name of the person; and
(c) the date of issue of the card; and
(d) an expiry date for the card; and
(e) anything else prescribed under the regulations.
(2) A person who ceases to be an authorised person (non-government) must
return his or her identity card to the chief executive as soon as practicable,
but within 21 days after the day the person ceases to be an authorised
person.
Maximum penalty: 1 penalty unit.
(3) An offence against subsection (2) is a strict liability
offence.
Division
4.5.2 Inspection powers for
non-government schools
120 Power
not to be exercised before identity card shown etc
(1) An authorised person (non-government) may exercise a power under this
chapter in relation to a person only if the authorised person first shows the
person his or her identity card.
(2) An authorised person (non-government) may not remain in a
non-government school entered under this division if, when asked by the
principal, the authorised person does not show his or her identity
card.
121 Entry
to non-government schools for inspections
To find out whether this Act is being complied with, an authorised person
(non-government) may enter a non-government school at any time when it is being
used as a school under this Act.
122 Entry
to non-government schools with consent
(1) An authorised person (non-government) may enter a non-government
school at any other time if the principal of the school consents to the
entry.
(2) An authorised person (non-government) may, without the
principal’s consent, enter the non-government school to ask for consent to
enter the school.
(1) This section applies if an authorised person (non-government) intends
to ask the principal of a non-government school to consent to the authorised
person entering the school.
(2) Before asking for the consent, the authorised person (non-government)
must tell the principal—
(a) the reason for the entry; and
(b) that the principal is not required to consent.
(3) If the consent is given, the authorised person (non-government) must
ask the principal to sign an acknowledgment of the consent.
(4) The acknowledgment must state that—
(a) the principal was told—
(i) the reason for the entry; and
(ii) that the principal is not required to consent; and
(b) the principal gives an authorised person (non-government) consent to
enter the school and exercise powers under this chapter; and
(c) the time and date the consent was given.
(5) If the principal signs an acknowledgment of consent, the authorised
person (non-government) must immediately give a copy to the principal.
(6) A court may assume that the principal did not consent
if—
(a) a question arises, in a proceeding in the court, whether the principal
consented to the authorised person (non-government) entering the school under
this chapter; and
(b) an acknowledgment under this section is not produced in evidence for
the entry; and
(c) it is not proved that the principal consented to the entry.
An authorised person (non-government) who enters a non-government school
under section 121 (Entry to non-government schools for inspections) or section
122 (Entry to non-government schools with consent) may inspect the school or
anything in it (including the register of enrolments and attendances).
Division
4.5.3 Miscellaneous
125 Inspection
of register of non-government schools
(1) A person may, without charge, inspect the register of non-government
schools during the office hours of the office of the chief executive.
(2) A person may, on payment of the reasonable copying costs, obtain a
copy of all or part of the register.
126 Minister
to present advice of council (non-government)
The Minister must present a copy of advice given to the Minister under
section 106 (a) or (b) (Functions of council (non-government)) to the
Legislative Assembly within 6 sitting days after the day it is given to the
Minister.
127 Principles
on which ch 5 based
The following are the principles on which this chapter is based:
(a) parents have the right to choose a suitable educational environment
for their children;
(b) there is a diversity of religious and educational philosophies held by
parents providing home education for their children;
(c) the diversity of educational philosophies reflects the diversity of
preferences of parents for particular forms of education for their
children;
(d) home education is committed to—
(i) offering a broad range of opportunities that foster in each child the
development of the child’s unique spiritual, emotional, physical, social
and intellectual being; and
(ii) valuing the individual needs, interests and aptitudes of each child;
and
(iii) preparing each child to become an independent and effective local
and global citizen.
Part
5.2 Registration—home
education
128 Meaning
of home education
In this Act:
home education, in relation to a child, means education
conducted by 1 or both of the child’s parents mainly in the child’s
home.
129 Provisional
registration for home education
(1) If the parents of a child apply in writing to the chief executive for
provisional registration of the child for home education, the chief executive
must provisionally register the child for home education.
(2) Provisional registration for home education ends 6 months after the
day the provisional registration begins.
130 Registration
for home education
(1) This section applies if—
(a) a child is provisionally registered for home education under section
129; and
(b) the parents of the child apply in writing to the chief executive for
registration for home education; and
(c) the application is made not earlier than 3 months after the day the
child was provisionally registered for home education.
(2) Also, this section applies if—
(a) the parents of a child apply in writing to the chief executive for
registration for home education; and
(b) immediately before the application, the child was registered or
approved (however described) under the law of a State or another Territory for
home education.
(3) The chief executive may register the child for home education for a
period of not longer than 2 years if satisfied that the conditions for
registration will be complied with.
(4) To decide whether the conditions for registration will be complied
with, an authorised person (government) may inspect any education programs,
materials or other records proposed to be used for the home education.
131 Conditions
of registration for home education
The registration of a child for home education is subject to the following
conditions:
(a) the parents of the child are to provide high-quality education for the
child;
(b) the parents of the child must document the educational opportunities
offered by the parents to their child and the strategies they use to encourage
their child to learn.
132 Registration
of child
(1) If the chief executive approves the registration of a child for home
education, the chief executive must—
(a) enter the particulars prescribed under the regulations in the home
education register kept under section 138 (Home education register);
and
(b) give the parents of the child a certificate of registration for the
child.
(2) The certificate of registration must state the period for which the
child is registered for home education.
133 Period
of registration
Registration of a child for home education is for the period (not longer
than 2 years) stated in the certificate of registration.
134 Cancellation
of registration for home education
(1) The chief executive may cancel the registration of a child for home
education if the chief executive is satisfied on reasonable grounds that a
parent has contravened a condition of the registration.
(2) Before cancelling registration, the chief executive must give the
parents a written notice—
(a) stating the grounds on which the chief executive proposes to cancel
the registration; and
(b) stating the facts that, in the chief executive’s opinion,
establish the grounds; and
(c) telling the parents that they may, within 14 days beginning the day
after the day they receive the notice, give a written response to the chief
executive about the matters in the notice.
(3) In deciding whether to cancel registration, the chief executive must
consider any response given to the chief executive in accordance with subsection
(2) (c).
(4) The chief executive must give the parents written notice of the
decision.
(5) Cancellation of registration takes effect on the day when notice of
the cancellation is given to the parents or, if the notice states a later date
of effect, that date.
135 Certificate
of registration for home education
A certificate of registration for home education must
state—
(a) the name of the child registered for home education; and
(b) the names of the child’s parents; and
(c) where the home education is to be given and the parts of the premises
to be used for the home education; and
(d) the period of registration; and
(e) the conditions of registration; and
(f) any other particulars prescribed under the regulations.
136 Renewal
of registration for home education
(1) The parents of a child who is registered for home education under this
part may apply in writing to the chief executive for renewal of the
registration.
(2) The application must be made at least the prescribed period before the
registration ends.
(3) The chief executive may renew the registration of the child for home
education for a period of not longer than 2 years if satisfied that the
conditions for registration will be complied with.
(4) In this section:
prescribed period means—
(a) 6 months; or
(b) if the chief executive approves a shorter period—that
period.
137 Home
education reports
The parents of a child registered for home education must give the chief
executive a report about the educational progress of the child once every
year.
138 Home
education register
The chief executive must keep a register of children registered for home
education.
Part
5.3 Inspection powers for home
education premises
139 Power
not to be exercised before identity card shown etc
(1) An authorised person (government) may exercise a power under this
chapter in relation to a person only if the authorised person first shows the
person his or her identity card.
(2) An authorised person (government) may not remain on premises entered
under this chapter if, when asked by the occupier, the authorised person does
not show his or her identity card.
140 Entry
to home education premises with consent
(1) An authorised person (government) may enter premises where a child is
registered for home education if a parent of the child consents to the
entry.
(2) An authorised person (government) may, without a parent’s
consent, enter land around the premises to ask for consent to enter the
premises.
(1) This section applies if an authorised person (government) intends to
ask the parent of a child to consent to the person entering premises where the
child is registered for home education.
(2) Before asking for the consent, the authorised person (government) must
tell the parent—
(a) the reason for the entry; and
(b) that the parent is not required to consent.
(3) If the consent is given, the authorised person (government) may ask
the parent to sign an acknowledgment of the consent.
(4) The acknowledgment must state that—
(a) the parent was told—
(i) the reason for the entry; and
(ii) that the parent is not required to consent; and
(b) the parent gives an authorised person (government) consent to enter
the place and exercise powers under this chapter; and
(c) the time and date the consent was given.
(5) If the parent signs an acknowledgment of consent, the authorised
person (government) must immediately give a copy to the parent.
(6) A court may assume that the parent did not consent if—
(a) a question arises, in a proceeding in the court, whether the parent
consented to the authorised person (government) entering the premises under this
chapter; and
(b) an acknowledgment under this section is not produced in evidence for
the entry; and
(c) it is not proved that the parent consented to the entry.
An authorised person (government) who enters premises under section 140
(Entry to home education premises with consent) may inspect the parts of
premises stated in a certificate of registration for home education as the parts
of the premises to be used for home education or anything in them.
Part
6.1 Review of
decisions
143 Meaning
of reviewable decisions for pt 6.1
In this part:
reviewable decision means—
(a) a decision of the Minister mentioned in schedule 1, part 1.1, column 3
under a provision of this Act mentioned in schedule 1, part 1.1, column 2;
or
(b) a decision of the chief executive mentioned in schedule 1,
part 1.2, column 3 under a provision of this Act mentioned in schedule 1,
part 1.2, column 2.
144 Notice
of decisions to be given to affected people
(1) If the Minister makes a reviewable decision, the Minister must give
written notice of the decision to each person mentioned in schedule 1, part
1.1, column 4 in relation to the decision.
(2) If the chief executive makes a reviewable decision, the chief
executive must give written notice of the decision to each person mentioned in
schedule 1, part 1.2, column 4 in relation to the decision.
(3) A notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal
Act 1989, section 25B (1).
145 Who
may apply for internal review of decisions
(1) A person whose interests are affected by a reviewable decision may
apply in writing to the decision-maker for internal review of the decision.
(2) The decision-maker must arrange for someone else (the internal
reviewer) to review the decision.
(3) However, this section does not apply to a reviewable decision made
personally by the Minister or chief executive.
146 Applications
for internal review
(1) An application for internal review of a reviewable decision must be
made within—
(a) 28 days after the day the applicant is told about the decision by the
decision-maker; or
(b) any longer period allowed by the internal reviewer, either before or
after the end of the 28 days.
(2) The application must set out the grounds on which internal review of
the decision is sought.
(3) The making of the application for internal review of the decision does
not affect the operation of the decision.
(1) The internal reviewer must review the reviewable decision, and
confirm, vary or revoke the decision, within 28 days after the decision-maker
receives the application for internal review of the decision.
(2) If the decision is not varied or revoked within the 28 days, the
decision is taken to have been confirmed by the internal reviewer.
(3) As soon as practicable after reviewing the decision, the internal
reviewer must give written notice of the decision on the internal review to the
applicant.
(4) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal Act 1989,
section 25B (1).
148 Review
by administrative appeals tribunal of certain decisions
A person may apply in writing to the administrative appeals tribunal for
review of—
(a) a decision made by an internal reviewer; or
(b) a reviewable decision made personally by the Minister or the chief
executive.
Part
6.2 Other
provisions
In exercising functions in relation to a government preschool, the chief
executive must take the steps necessary to encourage, and give opportunities to,
parents of children attending the preschool to participate in the conduct of the
preschool.
150 Offences
on school premises
(1) A person must not trespass on school premises.
Maximum penalty: 5 penalty units.
(2) A person commits an offence if the person behaves in an offensive or
disorderly way on school premises.
Maximum penalty: 10 penalty units.
(3) A person commits an offence if the person—
(a) is on school premises; and
(b) is directed to leave the premises by a police officer, the principal
of the school or a person authorised by the principal; and
(c) fails to leave the premises in accordance with the
direction.
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability
offence.
(5) In this section:
school premises means land (including any building or
structure on the land) occupied by a school.
151 Obligations
on parents
(1) For this Act, if an obligation is expressed to apply to the parents of
a child it is sufficient for any parent of the child to carry out the
obligation.
(2) For this Act, if an obligation is expressed to apply to the parents of
a child and no parent carries out the obligation, each parent is liable for the
failure to carry out the obligation.
152 Notification
of parents
For this Act, if notice is required to be given to the parents of a child,
or there is an obligation to ask or tell the parents of a child something, it is
sufficient if a parent of the child is given notice or asked or told the
thing.
153 Minister
may grant scholarships etc
(1) The Minister may give bursaries, exhibitions, free places, prizes,
scholarships or other forms of assistance or reward to be used
for—
(a) the benefit of a student at a government school, or at a college or
university in the ACT; or
(b) the benefit of a government school, or a college or university in the
ACT; or
(c) a child registered for home education in the ACT.
Example for par (b)
a fund to provide for a teacher with particular skills to teach at a
particular government school
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) To remove any doubt, this section does not appropriate public
money.
(1) This section applies if the Minister is satisfied that a condition
attached to, or a purpose of, a gift or bequest of property to the Territory on
trust for educational purposes (the original trust) is
inappropriate, impracticable, or impossible to comply with.
(2) The Minister may, in writing, declare the property the subject of the
original trust is subject to another trust.
(3) The declaration must state of the purposes of the other
trust.
(4) In making the declaration, the Minister must ensure that the property
is dealt with as nearly as is practicable for the purposes for which it was held
immediately before the declaration, except so far as it is inappropriate,
impracticable, or impossible to do so.
(5) When the declaration commences, the original trust ceases and the
property is taken to be held by the Territory in trust for the purposes stated
in the declaration.
(6) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(1) The Minister must keep and administer a fund called the education
trust fund.
(2) The assets of the fund may only be used in accordance with this
section.
(3) The chief executive must open and maintain under the Financial
Management Act 1996, section 51 (Departmental trust banking accounts) a
trust account with an authorised deposit-taking institution (the education
trust account) to be used only for the fund.
(4) The account consists of—
(a) money held by the Territory in trust in relation to anything mentioned
in section 153 (Minister may grant scholarships etc); and
(b) any other money that may be lawfully paid into the fund.
(5) The fund may be used only for the following purposes:
(a) promoting education;
(b) giving bursaries, exhibitions, free places, prizes, scholarships or
other forms of assistance or reward for a benefit mentioned in section 153;
(c) any other purpose prescribed under the regulations.
(1) The Minister may approve forms for this Act.
(2) If the Minister approves a form for a particular purpose, the approved
form must be used for that purpose.
Note For other provisions about forms, see Legislation Act, s
255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act.
157 Regulation-making
power
(1) The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
(2) The regulations may also prescribe offences for contraventions of the
regulations and prescribe maximum penalties of not more than 10 penalty units
for offences against the regulations.
Chapter
7 Transitional
provisions
Part
7.1 Assets and liabilities of former
authority
158 Meaning
of former authority
In this part:
former authority means the authority under the Schools
Authority Act 1976 (repealed).
159 Vesting
of assets and liabilities of former authority in Territory
(1) The assets and liabilities of the former authority vest in the
Territory.
(2) If an asset or liability that vests in the Territory is mentioned in a
contract, agreement or arrangement, a reference to the former authority in the
contract, agreement or arrangement is, in relation to anything happening or to
happen in relation to the asset or liability after the vesting of the asset or
liability in the Territory, a reference to the Territory.
160 Evidentiary
certificate for vested assets and liabilities
(1) The chief executive may certify that an asset or liability has vested
in the Territory under section 159.
(2) A certificate under subsection (1) is evidence of the matters it
states.
161 Registration
of changes in title to certain assets
(1) This section applies if—
(a) a registrable asset vests in the Territory under section 159 (Vesting
of assets and liabilities of former authority in Territory); and
(b) the Territory gives the registering authority for the asset a
certificate under section 160 for the asset.
(2) The registering authority must make the entries in the appropriate
register kept by the registering authority, and do anything else necessary or
desirable to be done, to reflect the vesting of the asset in the
Territory.
(3) The evidentiary value of a register mentioned in this section is not
affected by—
(a) the making of an entry under this section; or
(b) the failure to make an entry under this section; or
(c) the failure by the Territory to give a certificate to the registering
authority for a registrable asset.
(4) In this section:
registering authority, for a registrable asset, means the
person who, under Territory law, is required or permitted to enter particulars
about the ownership of the asset in a register.
registrable asset means an asset, including an interest in
land, particulars of the ownership of which are required or permitted under
Territory law to be entered in a register.
162 Proceedings
and evidence in relation to vested assets and liabilities
(1) This section applies in relation to an asset or liability that vests
in the Territory under section 159 (Vesting of assets and liabilities of former
authority in Territory).
(2) If a proceeding had been begun in relation to the asset or liability
before it vested in the Territory and the former authority is a party to the
proceeding, the Territory is substituted for the former authority as a party to
the proceeding.
(3) If a proceeding could have been begun by or against the former
authority in relation to the asset or liability before it vested in the
Territory, the proceeding may be begun by or against the Territory.
(4) The Limitation Act 1985 applies to a cause of action that
accrued to or against the former authority in relation to the asset or liability
as if the cause of action had accrued to or against the Territory when it
accrued to or against the former authority.
(5) The court or other entity in which a proceeding is begun or continued
by or against the Territory in relation to the asset or liability may give
directions about the conduct of the proceeding.
(6) Any evidence that would have been admissible for or against the former
authority in the proceeding is admissible for or against the
Territory.
(7) In this section:
proceeding includes a right of appeal or review (including a
right of review under the Ombudsman Act 1989) or any other civil
proceeding.
Division
7.2.1 Interpretation
163 Definitions
for pt 7.3
In this part:
commencement day means the day the Schools Authority Act
1976 is repealed.
former authority Act means the Schools Authority Act 1976
(repealed).
former education Act means the Education Act 1937
(repealed).
Division
7.2.2 Former authority
Act
(1) A preschool, primary school, high school or secondary college
established under the former authority Act, section 6 (1) (a) (i) that was in
existence immediately before the commencement day is taken, after the
commencement day, to be a school of that kind established under this Act,
section 20 (1) (Establishing government schools etc).
(2) A school or other educational or related institution, educational
service, or educational or related service established under the former
authority Act, section 6 (other than section 6 (1) (a) (i)), that was in
existence immediately before the commencement day is taken, after the
commencement day, to be a school-related educational institution established
under this Act, section 20 (3) (Establishing government schools etc).
165 Name
of schools, institutions and services
(1) This section applies to a preschool, primary school, high school or
secondary college, a school or other educational related institution, or an
educational or related service, established under the former authority Act that
was in existence immediately before the commencement day.
(2) A name given to the preschool, school, college, institution or service
that it had immediately before the commencement day is taken, after the
commencement day, to have been given to it under this Act, section 20 (4)
(Establishing government schools etc).
A school board established under the former authority Act, section 37
and in existence immediately before the commencement day is taken, after the
commencement day, to have been established under this Act, section 38
(Establishment of school boards).
167 Parents
and citizens associations
A declaration of a parents and citizens association for a government school
in force under the former authority Act, section 36 (2) immediately before the
commencement day is taken, after the commencement day, to be a declaration under
this Act, section 40 (Declaration of parents and citizens associations in
certain circumstances).
168 Members
of school boards
A person who was a member of a school board under the former authority Act,
section 40, 41 or 42 immediately before the commencement day is taken, on the
commencement day, to be a member of the school board appointed under this Act,
section 41 (Constitution of school boards generally), section 42 (Constitution
of school boards of small schools), or section 43 (Constitution of school boards
of school-related institutions and other schools in special circumstances), as
the case requires, for the remainder of the term for which the member was
appointed.
Division
7.2.3 Former education
Act
169 Exemption
certificates
An exemption certificate given under the former education Act, section 16
that was in force immediately before the commencement day is taken, after the
commencement day, to be a certificate issued under this Act, section 14
(Exemption certificates) for the remainder of the term for which it was
given.
170 Existing
registered and provisionally registered schools
(1) A school provisionally registered under the former education Act,
section 22 immediately before the commencement day is taken, on the commencement
day, to be a school provisionally registered under this Act, section
86—
(a) for the educational levels for which it was provisionally registered
immediately before the commencement day; and
(b) for the remainder of the period for which it was provisionally
registered under the former education Act.
(2) A school registered under the former education Act, section 23
immediately before the commencement day is taken, after the commencement day, to
be a school registered under this Act, section 88—
(a) for the educational levels for which it was registered immediately
before the commencement day; and
(b) for the remainder of the period for which it was registered under the
former education Act.
(3) A certificate issued under the former education Act, section 22 that
was in force immediately before the commencement day is taken, after the
commencement day, to be a certificate issued under this Act, section 86 (4) (b)
(Provisional registration).
(4) A certificate issued under the former education Act, section 23 that
was in force immediately before the commencement day is taken, after the
commencement day, to be a certificate issued under this Act, section 88 (4) (b)
(Registration).
(1) A register of attendances kept under the former education Act, section
15 is taken, after the commencement day, to be a register of enrolments and
attendances under this Act, section 33 (Keeping records of enrolment and
attendances for government schools) or section 99 (Keeping records of enrolment
and attendances for non-government schools), as the case requires.
(2) A list of registered primary schools and a list of registered
secondary schools kept under the former education Act, section 28 is taken,
after the commencement day, to be a register of non-government schools kept by
the registrar under this Act, section 79 (Register of non-government
schools).
This chapter expires 1 year after the day it commences.
173 Declared
law for Legislation Act, s 88
This chapter is a law to which the Legislation Act, section 88 (Repeal does
not end effect of transitional laws etc) applies.
Chapter
8 Repeals and consequential
amendments
The following Acts are repealed:
• Education Act 1937 A1937-25
• Free Education Act 1906 A1906-12
• Public Instruction Act 1880 A1880-23
• Schools Authority Act 1976 A1976-59.
The Schools Authority Regulations 1978 SL1978-11 are
repealed.
176 Legislation
amended—sch 2
This Act amends the legislation mentioned in schedule 2.
Schedule
1 Reviewable
decisions
(see s 143)
Part
1.1 Minister’s
decisions
column 1
item
|
column 2
Act provision
|
column 3
reviewable decision
|
column 4
person to be notified
|
1
|
84 (4)
|
refusing to give in-principle approval
|
applicant for in-principle approval
|
2
|
86 (5)
|
directing registrar to refuse to provisionally register a non-government
school
|
applicant for provisional registration of the school
|
3
|
88 (3)
|
directing registrar to register a non-government school for a shorter
period than the period applied for
|
proprietor of the school
|
4
|
88 (5)
|
directing registrar to refuse to register a non-government school
|
proprietor of the school
|
5
|
90 (6)
|
directing registrar to refuse to register a non-government school at an
additional educational level
|
proprietor of the school
|
6
|
95 (1)
|
directing registrar to cancel provisional registration or registration of a
non-government school
|
proprietor of the school
|
7
|
97 (3)
|
directing registrar to renew registration of a non-government school for a
shorter period than the period applied for
|
proprietor of the school
|
8
|
97 (5)
|
directing registrar to refuse to renew registration of a non-government
school
|
proprietor of the school
|
Part
1.2 Chief executive’s
decisions
column 1
item
|
column 2
Act provision
|
column 3
reviewable decision
|
column 4
person to be notified
|
1
|
14
|
refusing to issue exemption certificate on application
|
parents of the child
|
2
|
16
|
revoking an exemption certificate
|
parents of the child
|
3
|
36
|
suspending, excluding or transferring a child
|
parents of the child
|
4
|
130 (3)
|
refusing to register a child for home education on application
|
parents of the child
|
5
|
130 (3)
|
registering a child for home education for a shorter period than the period
applied for
|
parents of the child
|
6
|
134 (1)
|
cancelling registration of a child for home education
|
parents of the child
|
7
|
136 (3)
|
refusing to renew registration of a child for home education
|
parents of the child
|
8
|
136 (3)
|
renewing registration of a child for home education for a shorter period
than the period applied for
|
parents of the child
|
Schedule
2 Consequential
amendments
(see s 176)
Part
2.1 Board of Senior Secondary Studies
Act 1997
insert
Division 3.3 Education
providers
27A Approved education providers
(1) The board may approve education providers for this Act.
(2) The board must keep an up-to-date list of approved education
providers.
27B Criteria for approval
The board may approve a person as an education provider only if satisfied
that the following criteria (the approval criteria) are
met:
(a) the provider will have appropriate facilities and equipment for the
safety and welfare of its students;
(b) the nature and content of the education to be offered by the provider
will be satisfactory for the educational levels for which approval as a provider
is sought;
(c) the teaching staff will be efficient and effective;
(d) the institution operated by the provider will be conducted in a
satisfactory way;
(e) the disciplinary policy of the provider will not allow corporal
punishment.
27C Suspension of approval
The board may suspend the approval of an education provider if the board is
no longer satisfied, based on reasonable grounds, that the provider meets the
approval criteria.
27D Cancellation of approval
The board must cancel the approval of an education provider if, on at least
3 occasions, a ground existed on which the board would have been entitled to
suspend the approval of the provider.
27E Notice of decisions
(1) The board must give written notice—
(a) for a decision refusing to approve an application for approval of an
education provider under section 27A—to the applicant; and
(b) for a decision suspending or cancelling approval of an education
provider under section 27C or section 27D—to the education
provider.
(2) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal Act 1989,
section 25B (1).
27F Review of decisions by administrative appeals
tribunal of certain decisions
A person may apply in writing to the administrative appeals tribunal for
review of a decision of the board mentioned in section 27E.
Part
2.2 Children and Young People Act
1999
[2.2] Section
330 (e) and (f)
substitute
(e) by a government school or non-government school under the Education
Act 2003, whether provided during or outside school hours; or
renumber paragraphs when Act next republished under
Legislation Act
substitute
(a) contravenes the Education Act 2003 in relation to the young
child; or
substitute
378 Ch 10 subject to certain provisions of Education
Act
This chapter has effect subject to the Education Act 2003, section
11 (Compulsory attendance) and section 14 (Exemption certificates).
[2.6] Dictionary,
definition of school
substitute
school means—
(a) a government or non-government school under the Education Act
2003; or
(b) an educational institution conducted by the Canberra Institute of
Technology.
[2.7] Dictionary,
definition of school-leaving age
substitute
school-leaving age means 15 years old.
[2.8] Dictionary,
definition of school
substitute
school means—
(a) a government or non-government school under the Education Act
2003; or
(b) an educational institution conducted by the Canberra Institute of
Technology;
and includes any land or premises that belong to, are occupied by, or are
used in relation to, a school.
Part
2.4 Intoxicated Persons (Care and
Protection) Act 1994
[2.9] Section
3 (1), definition of school
substitute
school means a government school or non-government school
under the Education Act 2003, and includes any land or premises that
belong to, are occupied by, or are used in relation to, a school.
Part
2.5 Legislation Act
2001
[2.10] Schedule
1, part 1.1, items about Free Education Act 1906 and Public
Instruction Act 1880
omit
[2.11] Schedule
1, part 1.1
renumber items when Act next republished under Legislation
Act
Part
2.6 Ombudsman Regulations
1989
[2.12] Schedule
2, item 2
omit
Part
2.7 Workers Compensation Act
1951
[2.13] Section
14 (4), definition of educational institution, paragraph
(b)
substitute
(b) a non-government school under the Education Act 2003;
or
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the
following terms:
• ACT
• administrative appeals tribunal
• appoint
• chief executive (see s 163)
• child
• contravene
• exercise
• fail
• financial year
• function
• State.
appointed member—
(a) for the school board of a government school, other than a small
school, a school-related institution or another school to which section 43
(Constitution of school boards of school-related institutions and other schools
in special circumstances) applies—see section 41 (Constitution of school
boards generally); or
(b) for the school board of a small school, other than a school to which
section 43 (Constitution of school boards of school-related institutions and
other schools in special circumstances) applies—see section 42
(Constitution of school boards of small schools); or
(c) for the Government Schools Education Council—see section 56
(Membership of council (government)).
approved educational course means an approved educational
course (government) or approved educational course (non-government).
approved educational course (government) means an educational
course approved under section 31 (Approved educational courses for children at
government schools).
approved educational course (non-government) means an
educational course approved under section 81 (Approved educational courses for
children at non-government schools).
authorised person means an authorised person (government) or
authorised person (non-government).
authorised person (government) means a person
who is an authorised person (government) under section 67 (Appointment of
authorised persons (government)).
authorised person (non-government) means a
person who is an authorised person (non-government) under section 118
(Appointment of authorised persons (non-government)).
board appointed member—
(a) for the school board of a government school, other than a small
school, a school-related institution or another school to which section 43
(Constitution of school boards of school-related institutions and other schools
in special circumstances) applies—see section 41 (Constitution of school
boards generally); or
(b) for a school board of a small school, other than a school to which
section 43 (Constitution of school boards of school-related institutions and
other schools in special circumstances) applies—see section 42
(Constitution of school boards of small schools).
carer—see section 6.
community member—
(a) for part 3.5 (Government Schools Education Council)—see section
57 (Appointed members of council (government)); and
(b) for part 4.4 (Non-government Schools Education Council)—see
section 108 (Members of council (government)).
compulsory school age—see section 9.
corporal punishment means physical force applied to punish or
correct, and includes any action designed or likely to cause physical pain or
discomfort taken to punish or correct.
council—
(a) for part 3.5—means the Government Schools Education Council;
and
(b) for part 4.4—means the Non-Government Schools Education
Council.
council (government), for part 3.5—means the Government
Schools Education Council.
council (non-government), for part 4.4—means the
Non-government Schools Education Council.
educational course means a course of teaching and learning
directed toward acquiring a particular area of knowledge and skills.
education member—
(a) for part 3.5 (Government Schools Education Council)—see section
57 (Appointed members of council (government)); and
(b) for part 4.4 (Non-government Schools Education Council)—see
section 108 (Members of council (government)).
exclusion—
(a) of a child from all government schools—means preventing the
child from continuing to be enrolled or being re-enrolled at any government
school; and
(b) of a child from all Catholic systemic schools—means preventing
the child from continuing to be enrolled or being re-enrolled at any Catholic
systemic school; and
(c) of a child from a non-government school—means preventing the
child from continuing to be enrolled or being re-enrolled at the non-government
school.
exemption certificate means a certificate issued under
section 14 (Exemption certificates).
government school means—
(a) except for part 3.4 (School boards of government schools)—a
school, preschool or school-related institution established under section 20
(Establishing government schools etc); and
(b) for part 3.4—a school or school-related institution established
under section 20.
half-year, for part 3.4 (School boards of government
schools)—see section 37.
home education—see section 128.
in-principle approval—see section 83 (Applications for
in-principle approval for proposed registration).
internal-reviewer—see section 145 (Who may apply for
internal review of decisions).
money, for part 3.4 (School boards of government
schools)—see section 37.
non-government school means a registered non-government
school.
parent—see section 6.
parents and citizens association, for part 3.4 (School boards
of government schools)—see section 37.
parents and citizens member—
(a) for the school board of a government school, other than a small
school, a school-related institution or another school to which section 43
(Constitution of school boards of school-related institutions and other schools
in special circumstances) applies—see section 41 (Constitution of school
boards generally); or
(b) for the school board of a small school, other than a school to which
section 43 applies—see section 42 (Constitution of school boards of small
schools).
prescribed period, for part 3.4 (School boards of government
schools)—see section 37.
proposed opening day—see section 83 (4) (Applications
for in-principle approval for proposed registration).
registered non-government school means a school that is
registered or provisionally registered under part 4.2
(Registration—non-government schools).
register of enrolments and attendances, in relation to a
person, means the register of enrolments and attendances kept by the person
under section 32 (Register of enrolments and attendances for government schools)
or section 98 (Register of enrolments and attendances for non-government
schools).
register of non-government schools means the register kept by
the registrar under section 79.
registrar means the Registrar of Non-Government
Schools.
reviewable decision—see section 143.
school—
(a) except for chapter 2, part 3.4, chapter 4 and part 6.2—means a
school or school-related institution established under section 20
(Establishing government schools etc); and
(b) for chapter 2 (School enrolment and attendance) and part 6.2 (Other
provisions)—means a government school or non-government school;
and
(c) for part 3.4 (Schools boards of government schools)—see section
37; and
(d) for chapter 4 (Non-government schools)—see section 74.
school board, of a government school, means the school board
of the school established under part 3.4.
school-leaving age means 15 years old.
school-related institution—see section 20 (Establishing
government schools etc).
small school, for part 3.4 (School boards of government
schools)—see section 37.
staff, of a school, means the principal and teachers of, and
other people employed at, the school.
staff member—
(a) for the school board of a government school, other than a small
school, a school-related institution or another school to which section 43
(Constitution of school boards of school-related institutions and other schools
in special circumstances) applies—see section 41 (Constitution of school
boards generally); or
(b) for the school board of a small school, other than a school to which
section 43 applies—see section 42 (Constitution of school boards of small
schools).
student, for part 3.4 (School boards of government
schools)—see section 37.
student member, for the school board of a government school,
other than a small school, a school-related institution or another school to
which section 43 (Constitution of school boards of school-related institutions
and other schools in special circumstances) applies—see section
41.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2003.
2 Notification
Notified under the Legislation Act on 2003.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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