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 (Repealed)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