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This is a Bill, not an Act. For current law, see the Acts databases.
EDUCATION (PARENTAL CONTROL) AMENDMENT BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Richard Mulcahy)
Education (Parental
Control) Amendment Bill 2008
A Bill for
An Act to amend the
Education Act
2004
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
1 Name of Act
This Act is the Education (Parental Control) Amendment Act
2008.
2 Commencement
This Act commences on 1 January 2009.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation amended
This Act amends the Education Act 2004.
4 Reporting to parents—government
schools
New section 25
(3)
insert
(3) A report must include detailed information on any education or
activity for which informed parental consent is required under section 29A
(Parental consent for education or activity—political or sexual
matters).
5 New section 29A
insert
29A Parental consent for education or
activity—political or sexual matters
(1) A government school must ensure that a student does not, at the
school, receive education about, or engage in an activity involving, a matter of
a political or sexual nature without informed parental consent.
(2) However, a government school may give a student education or
information about a matter of a political or sexual nature without informed
parental consent if—
(a) the matter arises in relation to or in the course of education or an
activity for which informed parental consent is not required, or in response to
a question from a student that has not been solicited by the school;
and
(b) the school could not reasonably have anticipated that the matter would
arise; and
(c) it is not practicable for the school to obtain informed parental
consent for the education or information under the circumstances; and
(d) the education or information is capable of being understood and
critically assessed by the student, given the student’s age, intelligence
and maturity.
(3) For this section, a government school has informed parental
consent in relation to a student receiving education or engaging in an
activity only if—
(a) the school tells each parent of the student of whom the principal is
aware about—
(i) the nature of the education or activity, including the facts, ideas,
doctrines, opinions and material that will be presented to the student during
the education or activity; and
(ii) the name of the presenter of the education or activity and any entity
or organisation that the presenter represents or with whom the presenter has a
substantial connection; and
(b) at least 1 parent gives consent to the education or activity;
and
(c) no parent tells the school that he or she does not wish the student to
participate in the education or activity.
(4) A parent or student may bring an action as for a tort in any court of
competent jurisdiction to recover damages or to seek an injunction in relation
to conduct in breach of this section.
(5) Any remedy that may be granted by a court with respect to a tort,
including exemplary damages, may be granted by a court in a proceeding under
this section.
(6) A civil right or remedy otherwise available to a person is not
affected by anything in this section.
(7) In this section:
conduct includes omission.
matter of a political nature means a legal, governmental,
social, economic or environmental matter that is the subject of current
political importance or controversy.
matter of a sexual nature means any matter relating to the
reproduction, or the sexual desires or practices, of humans or
animals.
student means a student under the age of 18.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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