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This is a Bill, not an Act. For current law, see the Acts databases.


EDUCATION (CONSEQUENTIAL AMENDMENTS) BILL 2016 BILL 56 OF 2016

                                         TASMANIA

                                         __________


                 EDUCATION (CONSEQUENTIAL AMENDMENTS)
                                BILL 2016
                                         __________

                                        CONTENTS
        PART 1 - PRELIMINARY
           1.        Short title
           2.        Commencement

        PART 2 - CHILD CARE ACT 2001 AMENDED
           3.        Principal Act
           4.        Section 3 amended (Interpretation)
           5.        Section 4 amended (Child care defined)

        PART 3 - CHILDREN, YOUNG PERSONS AND THEIR FAMILIES
                  ACT 1997 AMENDED
           6.        Principal Act
           7.        Section 32 amended (Convening family group conference)

        PART 4 - CHRIST COLLEGE ACT 1926 AMENDED
           8.        Principal Act
           9.        Section 44 amended (Not to affect status as public schools)

        PART 5 - FIRE SERVICE ACT 1979 AMENDED
           10.       Principal Act
           11.       Section 50 amended (Protection of public premises)


[Bill 56]-II

 


 

PART 6 - LAND TAX ACT 2000 AMENDED 12. Principal Act 13. Section 3 amended (Interpretation) PART 7 - OFFICE OF TASMANIAN ASSESSMENT, STANDARDS AND CERTIFICATION ACT 2003 AMENDED 14. Principal Act 15. Section 3 amended (Interpretation) 16. Section 24B amended (Responsibilities of Secretary of Department for senior secondary curriculum) PART 8 - POISONS ACT 1971 AMENDED 17. Principal Act 18. Section 3 amended (Interpretation) PART 9 - REGISTRATION TO WORK WITH VULNERABLE PEOPLE ACT 2013 AMENDED 19. Principal Act 20. Section 15 amended (Person required to be registered to engage in regulated activity) PART 10 - TEACHERS REGISTRATION ACT 2000 AMENDED 21. Principal Act 22. Section 3 amended (Interpretation) 23. Section 6 amended (Membership of Board) 24. Section 11 amended (Offences relating to teaching) 25. Section 17D amended (Determination of application) 26. Section 25 amended (Registers) 27. Section 31 amended (Employers to notify of disciplinary action taken and certain resignations and retirements) 28. Section 32 amended (Annual returns) PART 11 - MISCELLANEOUS 29. Repeal of Act 2

 


 

EDUCATION (CONSEQUENTIAL AMENDMENTS) BILL 2016 This Public Bill originated in the House of Assembly, and, having this day passed, is now ready for presentation to the Legislative Council for its concurrence. SHANE DONNELLY, Clerk of the House 13 October 2016 (Brought in by the Minister for Education and Training, the Honourable Jeremy Page Rockliff) A BILL FOR An Act to consequentially amend certain Acts on the enactment of the Education Act 2016 and the repeal of the Education Act 1994, the Education and Training (Tasmanian Academy) Act 2008 and the Youth Participation in Education and Training (Guaranteeing Futures) Act 2005 Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - PRELIMINARY 1. Short title This Act may be cited as the Education (Consequential Amendments) Act 2016. 2. Commencement This Act commences on 10 July 2017. THIS BILL IS COGNATE WITH THE EDUCATION BILL 2016 [Bill 56] 3

 


 

Education (Consequential Amendments) Act 2016 Act No. of s. 3 Part 2 - Child Care Act 2001 Amended PART 2 - CHILD CARE ACT 2001 AMENDED 3. Principal Act In this Part, the Child Care Act 2001* is referred to as the Principal Act. 4. Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by omitting "Education Act 1994;" from the definition of school and substituting "Education Act 2016;". 5. Section 4 amended (Child care defined) Section 4(3) of the Principal Act is amended by omitting "Education Act 1994," and substituting "Education Act 2016,". *No. 62 of 2001 4

 


 

Education (Consequential Amendments) Act 2016 Act No. of Part 3 - Children, Young Persons and Their Families Act 1997 Amended s. 6 PART 3 - CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 AMENDED 6. Principal Act In this Part, the Children, Young Persons and Their Families Act 1997* is referred to as the Principal Act. 7. Section 32 amended (Convening family group conference) Section 32(10) of the Principal Act is amended as follows: (a) by omitting from paragraph (h) "Education Act 1994;" and substituting "Education Act 2016;"; (b) by omitting from paragraph (ha) "Education Act 1994," and substituting "Education Act 2016,"; (c) by omitting from paragraph (i) "Education Act 1994," and substituting "Education Act 2016,"; (d) by omitting paragraph (j). *No. 28 of 1997 5

 


 

Education (Consequential Amendments) Act 2016 Act No. of s. 8 Part 4 - Christ College Act 1926 Amended PART 4 - CHRIST COLLEGE ACT 1926 AMENDED 8. Principal Act In this Part, the Christ College Act 1926* is referred to as the Principal Act. 9. Section 44 amended (Not to affect status as public schools) Section 44 of the Principal Act is amended by omitting "Part 5 of the Education Act 1994." and substituting "Part 6 of the Education Act 2016 as a registered school.". *No. 66 of 1926 6

 


 

Education (Consequential Amendments) Act 2016 Act No. of Part 5 - Fire Service Act 1979 Amended s. 10 PART 5 - FIRE SERVICE ACT 1979 AMENDED 10. Principal Act In this Part, the Fire Service Act 1979* is referred to as the Principal Act. 11. Section 50 amended (Protection of public premises) Section 50(2)(a) of the Principal Act is amended by omitting subparagraph (v) and substituting the following subparagraph: (v) Education Act 2016; *No. 35 of 1979 7

 


 

Education (Consequential Amendments) Act 2016 Act No. of s. 12 Part 6 - Land Tax Act 2000 Amended PART 6 - LAND TAX ACT 2000 AMENDED 12. Principal Act In this Part, the Land Tax Act 2000* is referred to as the Principal Act. 13. Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by omitting "Education Act 1994;" from paragraph (d) of the definition of educational institution and substituting "Education Act 2016;". *No. 74 of 2000 8

 


 

Education (Consequential Amendments) Act 2016 Act No. of Part 7 - Office of Tasmanian Assessment, Standards and Certification Act s. 14 2003 Amended PART 7 - OFFICE OF TASMANIAN ASSESSMENT, STANDARDS AND CERTIFICATION ACT 2003 AMENDED 14. Principal Act In this Part, the Office of Tasmanian Assessment, Standards and Certification Act 2003* is referred to as the Principal Act. 15. Section 3 amended (Interpretation) The definition of registered school in section 3(1) of the Principal Act is amended as follows: (a) by omitting the definition of registered school and substituting the following definition: registered school has the same meaning as in the Education Act 2016; (b) by omitting the definition of school and substituting the following definition: school has the same meaning as in the Education Act 2016; (c) by omitting the definition of State school and substituting the following definition: *No. 62 of 2003 9

 


 

Education (Consequential Amendments) Act 2016 Act No. of s. 16 Part 7 - Office of Tasmanian Assessment, Standards and Certification Act 2003 Amended State school has the same meaning as in the Education Act 2016; 16. Section 24B amended (Responsibilities of Secretary of Department for senior secondary curriculum) Section 24B of the Principal Act is amended as follows: (a) by omitting subsection (1); (b) by omitting from subsection (2)(c)(ii) "State schools, registered schools and the Tasmanian Academy." and substituting "State schools and registered schools.". 10

 


 

Education (Consequential Amendments) Act 2016 Act No. of Part 8 - Poisons Act 1971 Amended s. 17 PART 8 - POISONS ACT 1971 AMENDED 17. Principal Act In this Part, the Poisons Act 1971* is referred to as the Principal Act. 18. Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by omitting paragraphs (d) and (e) from the definition of public institution and substituting: (d) TasTAFE, within the meaning of the Training and Workforce Development Act 2013; and *No. 81 of 1971 11

 


 

Education (Consequential Amendments) Act 2016 Act No. of s. 19 Part 9 - Registration to Work with Vulnerable People Act 2013 Amended PART 9 - REGISTRATION TO WORK WITH VULNERABLE PEOPLE ACT 2013 AMENDED 19. Principal Act In this Part, the Registration to Work with Vulnerable People Act 2013* is referred to as the Principal Act. 20. Section 15 amended (Person required to be registered to engage in regulated activity) The definition of school in section 15(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (a) "Education Act 1994;" and substituting "Education Act 2016;"; (b) by omitting from paragraph (b) "Education Act 1994;" and substituting "Education Act 2016;"; (c) by omitting paragraph (c) and substituting the following paragraph: (c) a centre, unit or institute of the State which provides educational instruction at any level up to, and including, the final year of secondary education, including TasTAFE within the meaning of the Training and Workforce Development Act 2013. *No. 65 of 2013 12

 


 

Education (Consequential Amendments) Act 2016 Act No. of Part 10 - Teachers Registration Act 2000 Amended s. 21 PART 10 - TEACHERS REGISTRATION ACT 2000 AMENDED 21. Principal Act In this Part, the Teachers Registration Act 2000* is referred to as the Principal Act. 22. Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting "school, the Tasmanian Academy" from the definition of practising teacher and substituting "school"; (b) by omitting the definition of registered school and substituting the following definition: registered school has the same meaning as in the Education Act 2016; (c) by omitting "Education Act 1994;" from the definition of school and substituting "Education Act 2016;"; (d) by omitting the definition of State school and substituting the following definition: *No. 98 of 2000 13

 


 

Education (Consequential Amendments) Act 2016 Act No. of s. 23 Part 10 - Teachers Registration Act 2000 Amended State school has the same meaning as in the Education Act 2016; (e) by omitting "school, the Tasmanian Academy" from the definition of student and substituting "school"; (f) by omitting the definition of Tasmanian Academy. 23. Section 6 amended (Membership of Board) Section 6(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (b) "schools and the Tasmanian Academy;" and substituting "schools;"; (b) by omitting from paragraph (f) "school, the Tasmanian Academy" and substituting "school"; (c) by omitting from paragraph (j) "school or the Tasmanian Academy;" and substituting "school;". 24. Section 11 amended (Offences relating to teaching) Section 11 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "school, the Tasmanian Academy" and substituting "school"; 14

 


 

Education (Consequential Amendments) Act 2016 Act No. of Part 10 - Teachers Registration Act 2000 Amended s. 25 (b) by omitting from subsection (5) "school, the Tasmanian Academy" and substituting "school". 25. Section 17D amended (Determination of application) Section 17D(1)(a)(i) of the Principal Act is amended by omitting "school, or at any campus of the Tasmanian Academy" and substituting "school". 26. Section 25 amended (Registers) Section 25(5) of the Principal Act is amended by omitting "a person or body referred to in section 51 of the Education Act 1994." from the definition of teacher employing authority and substituting "the governing body, within the meaning of the Education Act 2016, of a school that is registered under that Act.". 27. Section 31 amended (Employers to notify of disciplinary action taken and certain resignations and retirements) The definition of employer in section 31(1) of the Principal Act is amended as follows: (a) by omitting "the Tasmanian Academy,"; (b) by omitting "a person or body referred to in section 51 of the Education Act 1994;" and substituting "the governing body, within the meaning of the Education Act 15

 


 

Education (Consequential Amendments) Act 2016 Act No. of s. 28 Part 10 - Teachers Registration Act 2000 Amended 2016, of a school that is registered under that Act;". 28. Section 32 amended (Annual returns) Section 32 of the Principal Act is amended by omitting "school, the Tasmanian Academy" and substituting "school". 16

 


 

Education (Consequential Amendments) Act 2016 Act No. of Part 11 - Miscellaneous s. 29 PART 11 - MISCELLANEOUS 29. Repeal of Act This Act is repealed on the three hundred and sixty fifth day from the day on which this Act commences. Government Printer, Tasmania 17

 


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