New South Wales Consolidated Acts

EDUCATION ACT 1990 - SECT 3

3 Definitions

(1) In this Act--

"attend a school" --a child attends a school if, and only if, the child attends the school at all times while the school is open for the child's instruction or participation in school activities.

"authorised person" , in relation to a provision of this Act, means a person who is authorised in writing by the Minister (or the Minister's delegate under section 119) for the purposes of that provision.

"Authority" means the NSW Education Standards Authority constituted under the Education Standards Authority Act 2013 .

"compulsory school-age" --see section 21B.

"compulsory schooling" --see section 22 (3).

"compulsory schooling order" --see section 22D.

"corporal punishment" of a student means the application of physical force in order to punish or correct the student, but does not include the application of force only to prevent personal injury to, or damage to or the destruction of property of, any person (including the student).

"Department" means the Department of Education.

"distance education" means a form of education in which students and teachers are not regularly in the presence of each other but communicate with each other in writing, by print or by electronic or like means.

"government school" means a school established under this Act by the Minister.

"home schooling" means schooling in the child's home, other than distance education provided by a government or registered non-government school in which the child is enrolled.

"inspector" means an inspector within the meaning of the Education Standards Authority Act 2013 .

"non-government school" means a registered non-government school.

"overseas student" means a student who holds a visa under the Migration Act 1958 of the Commonwealth that enables the student to study in New South Wales, but does not include the holder of a permanent visa or special category visa within the meaning of that Act.

"parent" includes a guardian or other person having the custody or care of a child.

"principal" includes an acting principal of a school.

"proprietor" , in relation to a registered non-government school, means the legal entity designated, in the school's certificate of registration, as the proprietor of the school.

"recognised certificate" means a Record of School Achievement or Higher School Certificate granted under Part 8.

"registered non-government school" means a school, other than a government school, for the time being registered under Part 7.

"relevant institution" means a government department or other public authority (whether Commonwealth, State or Territory), and also includes a government school or registered non-government school, any registered vocational training organisation and any non-government organisation that is in receipt of government funding.

"responsible person" for a school means--

(a) the proprietor of the school and, if the proprietor is a corporation, each director or person concerned in the management of the school, or

(b) a member of the governing body of the school, or

(c) the principal of the school.

"rules of the Authority" means rules made by the Authority under section 25 of the Education Standards Authority Act 2013 .

Note : The rules of the Authority only have effect if approved by the Minister.

"Secretary" means the Secretary of the Department.

"system of non-government schools" means a system of non-government schools for the time being approved by the Minister under Part 7.

"TAFE establishment" has the same meaning as it has in the Technical and Further Education Commission Act 1990 .

"Tribunal" means the Civil and Administrative Tribunal.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act--

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) Notes included in this Act do not form part of this Act.