Commonwealth Numbered Acts Commonwealth Numbered ActsReceiving primary or secondary education
(1) A person receives primary education or secondary education (as the case requires) at a school only if:
(a) all of the following apply:
(i) the person attends the school on a daily basis;
(ii) the location of the school at which the person attends is specified in the approval of the approved authority for the school;
(iii) the level of education provided by the school at that location is specified in that approval; or
(b) the Minister determines under subsection (2) that the person receives primary education or secondary education at the school.
(2) The Minister may determine that a person receives primary education or secondary education (as the case requires) at a specified school if the Minister is satisfied that special circumstances justify the determination.
Note 1: Decisions under this section are reviewable decisions (see Division 3 of Part 9).
Note 2: The regulations may prescribe matters that the Minister may or must have regard to in making a decision under this subsection (see paragraph 130(2)(b)).
(3) A determination under subsection (2) may be made:
(a) on the Minister's own initiative; or
(b) on application by the approved authority for the school.
Note: For rules relating to applications, see Division 2 of Part 9.
(4) An application by an approved authority for a school for a determination under subsection (2) that relates to a year must be made within:
(a) 14 days of the school's census day for the year; or
(b) if the Minister allows a longer period (whether before or after the period referred to in paragraph (a))--that longer period.
Receiving primary or secondary education by distance education
(5) A person receives primary education or secondary education by distance education at a school located in a State or Territory only if:
(a) the person resides in the State or Territory; and
(b) the State or Territory provides funding for the school (other than financial assistance provided to the State or Territory for the school in accordance with this Act), for primary education or secondary education (as the case requires), for students enrolled at the school who receive distance education (however described) from the school; and
(c) the person is not approved as a home education student (however described) in accordance with the law of the State or Territory in which the person resides.