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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Higher School Leaving Age
and Related Provisions) Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to the School
Education Act 1999
Division 1 -- Preliminary
3. The Act amended 3
Division 2 -- Amendments to change the school
leaving age
4. Sections 6 and 7 replaced and transitional
provision 3
6. Definition of "compulsory education
period" 3
7. Definition of "post-compulsory education
period" 5
Division 3 -- Amendments consequential on
those in Division 2
5. Section 4 amended 5
6. Section 7 repealed 5
7. Section 80 repealed 5
8. Section 81 amended 6
9. Section 82 amended 6
10. Section 95 amended 6
11. Section 97 amended 6
12. Section 154 amended 7
13. Section 156 amended 7
077--1 page i
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Contents
Division 4 -- Amendments to allow non-school
options in years 11 and 12
14. Long title amended 7
15. Section 3 amended 8
16. Section 4 amended 8
17. Part 2 Division 1 heading amended 9
18. Section 9 amended 9
19. Section 10 amended 9
20. Part 2 Division 1 Subdivision 1A inserted 10
Subdivision 1A -- Alternatives to the operation of
section 9 for children in year 11 and year 12
11A. Terms used in this Subdivision 10
11B. Options available 11
11C. Participation to be full-time 12
11D. Notice of arrangements to be given to
Minister 13
11E. Special provision for enrolment in a
combination of courses 14
11F. Effect of notice 15
11G. Approval required for employment option 16
11H. Notice of employment to be given and
effect of the notice 17
11I. Requirement to participate in chosen
options 18
11J. What constitutes participation 19
11K. Dealings with parents 20
11L. Designation as an independent child 21
11M. Functions of Minister in relation to this
Subdivision 23
11N. Regulations 24
21. Transitional provision for the giving of notices 24
22. Heading to Part 2 Division 1 Subdivision 2
amended 24
23. Section 13 amended 25
24. Section 23 amended 25
25. Section 29 amended 25
26. Part 2 Division 5 heading amended 26
27. Section 32 amended 26
28. Heading to Part 2 Division 5 Subdivision 2
amended 26
29. Heading to Part 2 Division 5 Subdivision 3
amended 27
30. Section 36 amended 27
31. Part 2 Division 5 Subdivision 4 heading amended 28
page ii
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Contents
32. Section 38 amended 28
33. Section 40 amended 28
34. Section 41 amended 29
35. Section 42 amended 30
36. Section 43 amended 31
37. Section 44 amended 31
38. Section 45 amended 32
39. Various references to "School Attendance Panel"
amended 32
40. Various references to "school attendance officer"
amended 33
Part 3 -- Amendments to provide for
the keeping of student records
by the Curriculum Council
41. The Act amended 34
42. Long title amended 34
43. Section 3 amended 34
44. Section 4 amended 35
45. Section 12 amended 35
46. Section 19 amended 36
47. Part 3A inserted 36
Part 3A -- Student records
19A. Terms used in this Part 36
19B. Application of this Part to overseas
students 39
19C. When student record to be opened 39
19D. Provider may be directed to open student
record 39
19E. How student record is opened 40
19F. Notification of changes and corrections 40
19G. Notification of achievements 41
19H. Further provisions relating to information 42
19I. Database of student records and use of
information by Council 42
19J. Provision of information to student
concerned 43
19K. Disclosure by Council for checking
purposes 43
19L. Provision of information to Minister for
planning purposes 43
page iii
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Contents
19M. Provision of information to Minister for
monitoring and assisting compliance and
participation 44
19N. Disclosure of information by Minister 45
19O. Delegation and subdelegation 46
19P. Provision of information to certain entities 46
48. Section 32 amended 47
49. Section 33 amended 47
page iv
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Higher School Leaving Age
and Related Provisions) Bill 2005
A Bill for
An Act to amend --
• the School Education Act 1999; and
• the Curriculum Council Act 1997.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Acts Amendment (Higher School Leaving Age and
Related Provisions) Act 2005.
5 2. Commencement
(1) Subject to subsections (2) and (3), this Act comes into operation
on the day on which it receives the Royal Assent.
(2) Part 2 Division 3 comes into operation on 1 January 2008.
(3) Part 2 Division 4 and Part 3 come into operation on
10 1 January 2006.
page 2
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Amendments to the School Education Act 1999 Part 2
Preliminary Division 1
s. 3
Part 2 -- Amendments to the School Education
Act 1999
Division 1 -- Preliminary
3. The Act amended
5 The amendments in this Part are to the School Education
Act 1999*.
[* Reprint 1 as at 3 September 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 405.]
10 Division 2 -- Amendments to change the school leaving age
4. Sections 6 and 7 replaced and transitional provision
(1) Sections 6 and 7 are repealed and the following sections are
inserted instead --
"
15 6. Definition of "compulsory education period"
The compulsory education period for a child is as
follows --
(a) until 31 December 2005 --
(i) from the beginning of the year in which
20 the child reaches the age of 6 years and
6 months; and
(ii) until the end of the year in which the
child reaches the age of 15;
(b) from 1 January 2006 until
25 31 December 2007 --
(i) from the beginning of the year in which
the child reaches the age of 6 years and
6 months; and
page 3
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Part 2 Amendments to the School Education Act 1999
Division 2 Amendments to change the school leaving age
s. 4
(ii) until the end of the year in which the
child reaches the age of 16;
(c) from 1 January 2008 until
31 December 2013 --
5 (i) from the beginning of the year in which
the child reaches the age of 6 years and
6 months; and
(ii) until --
(I) the end of the year in which the
10 child reaches the age of 17; or
(II) the child satisfies the minimum
requirements for graduation
from secondary school
established under the
15 Curriculum Council Act 1997,
whichever happens first;
(d) from 1 January 2014 --
(i) from the beginning of the year in which
the child reaches the age of 6 years and
20 6 months; and
(ii) until --
(I) the end of the year in which the
child reaches the age of
17 years and 6 months;
25 (II) the child satisfies the minimum
requirements for graduation
from secondary school
established under the
Curriculum Council Act 1997;
30 or
(III) the child reaches the age of 18,
whichever happens first.
page 4
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Amendments to the School Education Act 1999 Part 2
Amendments consequential on those in Division 2 Division 3
s. 5
7. Definition of "post-compulsory education period"
The post-compulsory education period for a child is as
follows --
(a) until 31 December 2005 --
5 (i) from the beginning of the year in which
the child reaches the age of 16; and
(ii) until the end of the year in which the
child reaches the age of 17;
and
10 (b) from 1 January 2006 until 31 December 2007,
the year in which the child reaches the age
of 17.
".
(2) When the meaning of "compulsory education period" changes
15 by operation of section 6(b) of the School Education Act 1999
(inserted by subsection (1)), the change extends to the
compulsory education period for a child which, but for the
change, would have ended on 31 December 2005.
Division 3 -- Amendments consequential on those in Division 2
20 5. Section 4 amended
Section 4 is amended by deleting the definition of
"post-compulsory education period".
6. Section 7 repealed
Section 7 is repealed.
25 7. Section 80 repealed
Section 80 is repealed.
page 5
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Part 2 Amendments to the School Education Act 1999
Division 3 Amendments consequential on those in Division 2
s. 8
8. Section 81 amended
Section 81(1) is amended by deleting "post-compulsory" and
inserting instead --
" compulsory ".
5 9. Section 82 amended
Section 82(2) is amended by deleting ", 79 or 80" and inserting
instead --
" or 79 ".
10. Section 95 amended
10 Section 95(1)(a) is amended by deleting "80 or".
11. Section 97 amended
(1) Section 97 is amended in the definition of "adult student" by
deleting "post-compulsory" and inserting instead --
" compulsory ".
15 (2) Section 97 is amended by deleting the definition of "extra cost
optional component" and inserting instead --
"
"extra cost optional component" means an optional
component of a government school's educational
20 programme having a cost that is not incorporated
into the determination of the school's charges or
contributions under section 99 because of the high
cost associated with the provision of that optional
component before the end of a child's compulsory
25 education period;
".
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Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Amendments to the School Education Act 1999 Part 2
Amendments to allow non-school options in years 11 and 12 Division 4
s. 12
12. Section 154 amended
Section 154(1) is amended as follows:
(a) by inserting after paragraph (a) --
" or ";
5 (b) in paragraph (b) by deleting "; or" and inserting a
comma instead;
(c) by deleting paragraph (c).
13. Section 156 amended
Section 156(3) is repealed and the following subsection is
10 inserted instead --
"
(3) A school is to be registered as providing educational
programmes of a general or any specified kind for one
or both of the following --
15 (a) education for children in their pre-compulsory
education period or for any specified part of
that period;
(b) education for children in their compulsory
education period or for any specified part of
20 that period.
".
Division 4 -- Amendments to allow non-school options in
years 11 and 12
14. Long title amended
25 The long title is amended by inserting after "home
education" --
"
with education, training and employment alternatives at the
senior secondary level
30 ".
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Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Part 2 Amendments to the School Education Act 1999
Division 4 Amendments to allow non-school options in years 11 and 12
s. 15
15. Section 3 amended
Section 3(1) is amended as follows:
(a) by deleting "and" after paragraph (c);
(b) by inserting after paragraph (c) --
5 "
(ca) to provide for education, training and
employment alternatives at the senior
secondary level; and
".
10 16. Section 4 amended
Section 4 is amended as follows:
(a) in the definition of "child of compulsory school age" by
inserting after "programme" --
"
15 and includes a child to whom section 10(2) applies
";
(b) by deleting the full stop at the end of the definition of
"teaching staff " and inserting a semicolon instead;
(c) after the definition of "teaching staff " by inserting --
20 "
"year 11" and "year 12" mean the 11th year and the
12th year respectively of the compulsory education
period determined on the basis of a model under
which --
25 (a) enrolment at a school occurs as soon as is
required by section 9; and
(b) schooling progresses normally through each
year until the end of the compulsory
education period.
30 ".
page 8
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Amendments to the School Education Act 1999 Part 2
Amendments to allow non-school options in years 11 and 12 Division 4
s. 17
17. Part 2 Division 1 heading amended
The heading to Part 2 Division 1 is amended by inserting after
"education" --
" with alternatives in year 11 and year 12 ".
5 18. Section 9 amended
After section 9(1) the following is inserted --
"
(1a) Subsection (1) has effect subject to sections 11F(2) and
11H(5) and (6).
10 Note: The effect of the provisions mentioned in subsection (1a) is that if a
child in year 11 or 12 is, in accordance with Subdivision 1A,
participating in an option or in options under that Subdivision and the
required notice has been given and remains in force, the child does not
have to be enrolled or to be provided with home education under
15 section 9.
".
19. Section 10 amended
(1) Section 10 is amended by inserting before "The duty" the
subsection designation "(1)".
20 (2) At the end of section 10 the following subsection is inserted --
"
(2) The reference to enrolment in subsection (1)(a)
includes enrolment of a child in year 11 or year 12 for
part-time studies if the extent of those studies when
25 taken with an option or options under section 11B will
meet the requirements of section 11C and regulations
made for the purposes of that section.
".
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Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Part 2 Amendments to the School Education Act 1999
Division 4 Amendments to allow non-school options in years 11 and 12
s. 20
20. Part 2 Division 1 Subdivision 1A inserted
After section 11 the following Subdivision is inserted --
"
Subdivision 1A -- Alternatives to the operation of section 9
5 for children in year 11 and year 12
11A. Terms used in this Subdivision
(1) In this Subdivision --
"course" includes a programme or activity;
"parent", in relation to a child, means --
10 (a) a person who at law has responsibility for the
long-term care, welfare and development of
the child;
(b) a person who at law has responsibility for the
day-to-day care, welfare and development of
15 the child; or
(c) if, in the opinion of the Minister, there is no
person to whom paragraph (a) or (b) applies
who is reasonably available at the relevant
time, an adult person who is responsible for
20 the child;
"participate" has the meaning provided for by
section 11J and regulations made for the purposes
of that section;
"provider" has the meaning given to that term in
25 subsection (2).
(2) In this Subdivision --
"provider", in relation to a person who comes within a
description in the first column of the Table to this
definition, means a person or body specified in the
30 second column of the Table opposite that
description.
page 10
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Amendments to the School Education Act 1999 Part 2
Amendments to allow non-school options in years 11 and 12 Division 4
s. 20
Table
1. A student undertaking a The university.
course of study at a
university.
2. A student undertaking a The education institution
higher education course that provides the course.
registered under section 23
of the Higher Education
Act 2004.
3. A student undertaking a The registered provider
course or skills training of the course or
programme accredited under programme.
the Vocational Education
and Training Act 1996.
4. An apprentice or trainee (as The employer.
mentioned in
section 11B(1)(c)) or other
employee.
5. A student undertaking a The provider specified in
course prescribed by order the order in respect of
made under section 11B(2). the course.
11B. Options available
(1) In year 11 and year 12 a child may, despite
section 9(1), participate in one or more of the following
5 options --
(a) undertaking --
(i) a course of study provided by a
university established under a written
law or under a law of another State, or
10 of a Territory, of the Commonwealth; or
page 11
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Part 2 Amendments to the School Education Act 1999
Division 4 Amendments to allow non-school options in years 11 and 12
s. 20
(ii) a higher education course registered
under section 23 of the Higher
Education Act 2004;
(b) undertaking a course or skills training
5 programme accredited under the Vocational
Education and Training Act 1996;
(c) being --
(i) an apprentice as defined in the
Industrial Training Act 1975; or
10 (ii) a trainee under a traineeship scheme as
defined in that Act;
(d) being employed under a contract of
employment otherwise than in a capacity
mentioned in paragraph (c), but subject to
15 approval being in force under section 11G; or
(e) undertaking a course prescribed under
subsection (2).
(2) The Minister may, by order published in the Gazette,
prescribe --
20 (a) a course; or
(b) a class or description of courses,
that does not otherwise come within subsection (1), to
be an option for the purposes of that subsection.
(3) An order under subsection (2) is to specify for a course
25 the person or body that is the provider of the course.
(4) An order under subsection (2) is subsidiary legislation
for the purposes of the Interpretation Act 1984.
11C. Participation to be full-time
(1) Participation in an option, or a combination of options,
30 provided for by section 11B(1) must be on a full-time
basis.
page 12
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Amendments to the School Education Act 1999 Part 2
Amendments to allow non-school options in years 11 and 12 Division 4
s. 20
(2) The regulations may make provision for --
(a) circumstances and arrangements that are to be
taken to comply with the requirements of
subsection (1); and
5 (b) rules or criteria that are to be taken into account
in determining whether arrangements and
circumstances so comply.
(3) Enrolment of a child as mentioned in section 10(2) is to
be treated for the purposes of this section as if it were
10 an option provided for by section 11B(1).
11D. Notice of arrangements to be given to Minister
(1) Where a child --
(a) is enrolled in a course or a combination of
courses; or
15 (b) becomes an apprentice or trainee as mentioned
in section 11B(1),
a parent of the child must give notice to the Minister as
soon as is practicable after the arrangements are made.
(2) A notice must include particulars of the arrangements
20 made for the child.
(3) A parent of a child may, by further notice given to the
Minister, cancel a notice given under subsection (1).
(4) Except as may be provided by the regulations, notice
must be given to the Minister by a parent of the child
25 concerned of --
(a) any variation of the arrangements notified
under subsection (1); or
(b) if the arrangements relate to, or will as varied
relate to, a combination of courses, any
30 variation proposed to be made.
page 13
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Part 2 Amendments to the School Education Act 1999
Division 4 Amendments to allow non-school options in years 11 and 12
s. 20
(5) If a child in respect of whom a notice has been given
under this section ceases to be enrolled in a course or to
be an apprentice or trainee as mentioned in
section 11B(1), a parent of the child must give notice to
5 the Minister of the cessation as soon as is practicable
after it occurs.
(6) A notice under a provision of this section must be in a
form approved by the Minister for the purposes of that
provision.
10 (7) Subject to section 11E, a notice under this section
comes into force when it is given to the Minister.
11E. Special provision for enrolment in a combination of
courses
(1) This section applies to a notice under section 11D(1)
15 relating to the enrolment of a child in a combination of
courses.
(2) Such a notice must also include particulars of any
enrolment of the child for part-time studies at a school.
(3) A notice to which this section applies does not come
20 into force unless the Minister gives the parent
concerned a formal written acknowledgment of the
choice of courses to which the notice relates.
(4) Except as may be provided by the regulations, a
proposed variation notified by a parent under
25 section 11D(4)(b) is of no effect for the purposes of
this Subdivision unless the Minister gives the parent a
formal written acknowledgment of the proposal.
(5) The Minister is to give a formal written
acknowledgment under subsection (3) or (4) if the
30 Minister is satisfied that participation by the child
concerned --
(a) in the combination of courses; or
page 14
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Amendments to the School Education Act 1999 Part 2
Amendments to allow non-school options in years 11 and 12 Division 4
s. 20
(b) in the combination of courses as varied,
meets the requirements of section 11C and regulations
made for the purposes of that section.
(6) In making a decision under subsection (5) the Minister
5 is to take into account, where applicable --
(a) any enrolment of the child for part-time studies
at a school; and
(b) any part-time employment approved under
section 11G.
10 (7) The Minister may require the parent to give further
information or documents to enable the Minister to
make a decision under subsection (5).
(8) A notice to which this section applies comes into force
when the Minister gives a formal written
15 acknowledgment in respect of the notice.
11F. Effect of notice
(1) A notice that comes into force under section 11D or
11E remains in force until --
(a) the child concerned ceases to participate, as
20 required by section 11I, in the option or any of
the options notified, including any variation
that has taken effect and any option taken into
account under section 11E(6);
(b) the notice is cancelled; or
25 (c) the end of the compulsory education period of
the child,
whichever happens first.
(2) While a notice is in force, section 9(1) does not apply
to the child concerned.
page 15
Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Part 2 Amendments to the School Education Act 1999
Division 4 Amendments to allow non-school options in years 11 and 12
s. 20
11G. Approval required for employment option
(1) A child is not to be employed as mentioned in
section 11B(1)(d), whether or not the employment is in
combination with any other option, unless the approval
5 of the Minister has been obtained under this section
and remains in force.
(2) On application made by a parent of a child in a form
approved by the Minister, the Minister may, by notice
in writing to the applicant, give approval to the child
10 being employed by a specified employer.
(3) If application is made for the approval of part-time
employment, the Minister is to give approval only if
the Minister is satisfied that the employment and
participation in another option or other options chosen
15 will meet the requirements of section 11C and
regulations made for the purposes of that section.
(4) In making a decision under subsection (3) the Minister
is to also take into account any enrolment of the child
for part-time studies at a school.
20 (5) The Minister may --
(a) make an approval subject to any condition; and
(b) at any time by notice to a parent of the child
concerned impose any further condition or vary
or revoke a condition.
25 (6) The Minister may at any time by notice to a parent of
the child concerned vary or revoke an approval.
(7) The Minister may exercise a power under
subsection (5)(b) or (6) on application by a parent or on
the Minister's own initiative.
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Acts Amendment (Higher School Leaving Age and Related Provisions)
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Amendments to the School Education Act 1999 Part 2
Amendments to allow non-school options in years 11 and 12 Division 4
s. 20
11H. Notice of employment to be given and effect of the
notice
(1) Where a child is employed in accordance with an
approval under section 11G, a parent of the child must
5 give notice to the Minister as soon as is practicable
after the employment starts.
(2) If a child in respect of whom notice has been given
under subsection (1) ceases to be employed in
accordance with an approval under section 11G, a
10 parent of the child must give notice to the Minister of
the cessation as soon as is practicable after it occurs.
(3) A notice under subsection (1) or (2) must be in a form
approved by the Minister for the purposes of that
subsection.
15 (4) A notice duly given under subsection (1) remains in
force until --
(a) the child concerned ceases to be employed in
accordance with the relevant approval;
(b) the relevant approval is revoked under
20 section 11G(6); or
(c) the end of the compulsory education period of
the child,
whichever happens first.
(5) Where the employment to which a notice under
25 subsection (1) relates is full-time employment,
section 9(1) does not apply to the child concerned
while the notice is in force.
(6) Where the employment to which a notice under
subsection (1) relates is part-time employment,
30 section 9(1) does not apply to the child concerned so
long as --
(a) that notice is in force;
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Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Part 2 Amendments to the School Education Act 1999
Division 4 Amendments to allow non-school options in years 11 and 12
s. 20
(b) there is also in force a notice under section 11D
relating to the other option or options
mentioned in section 11G(3); and
(c) the child is participating in any part-time
5 studies at a school that were taken into account
as mentioned in section 11G(4).
11I. Requirement to participate in chosen options
(1) Where a notice has been given under section 11D that a
child has been enrolled in a course referred to in
10 section 11B(1)(a), (b) or (e), the child is required to
participate in the course.
(2) Where a notice has been given under section 11D or
11H that a child has become an apprentice or trainee or
is employed, the child is required to --
15 (a) participate in the apprenticeship or traineeship;
or
(b) unless the Minister's approval is revoked under
section 11G(6), participate in the employment.
(3) Where a notice to which section 11E applies has come
20 into force in accordance with that section, the child
concerned is required to participate in each of the
courses to which the notice relates.
(4) This section does not apply to a child after the
compulsory education period for the child has ended.
25 (5) Subsections (1), (2) and (3) apply subject to --
(a) any variation that has taken effect; and
(b) a notice of cancellation given by a parent.
Note: If a child stops participating in any of the arrangements made under
this Subdivision or in part-time studies at a school, the notice of those
30 arrangements ceases to be in force by operation of section 11F(1) or
11H(4); and, if that happens, section 9(1a) no longer applies and the
child has to be enrolled at a school as a full-time student or provided
with home education.
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Acts Amendment (Higher School Leaving Age and Related Provisions)
Bill 2005
Amendments to the School Education Act 1999 Part 2
Amendments to allow non-school options in years 11 and 12 Division 4
s. 20
11J. What constitutes participation
(1) A child is taken to be participating in a course for the
purposes of this Subdivision if the child --
(a) is enrolled in the course with the relevant
5 provider; and
(b) is complying with --
(i) the provider's requirements about
physically attending, at particular times,
the provider's premises or another place
10 for the purposes of each such course;
(ii) in the case of a course of distance
education, the provider's requirements
about completing and returning the
assigned work for the course; or
15 (iii) in the case of any other external course,
the provider's requirements about
communicating with or contacting the
provider for the purpose of participating
in the course.
20 (2) For the purposes of this Subdivision, the fact of a
child --
(a) being an apprentice or trainee; or
(b) being employed in accordance with an approval
under section 11G,
25 is taken to be participation in the option mentioned in
section 11B(1)(c)(i) or (ii) or (d), as the case may be.
(3) Participation is taken to continue, for the purposes of
this Subdivision, during any absence allowed under the
requirements, terms and conditions of the course,
30 apprenticeship, traineeship or employment concerned.
page 19
Acts Amendment (Higher School Leaving Age and Related Provisions)
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Part 2 Amendments to the School Education Act 1999
Division 4 Amendments to allow non-school options in years 11 and 12
s. 20
(4) Participation in a course, apprenticeship, traineeship or
employment is taken to continue, for the purposes of
this Subdivision, during any period --
(a) when a child is subject to suspension or
5 exclusion; or
(b) after a child has been dismissed by an
employer,
but, where the child has been excluded or dismissed,
this subsection only applies during the period
10 reasonably required for the child to comply with
section 9 or participate, as required by section 11C and
regulations made for the purposes of that section, in
another option or other options provided for by
section 11B.
15 (5) The regulations may make provision, not inconsistent
with this section, for acts, matters and
circumstances --
(a) that are to be taken to constitute participation
for the purposes of this Subdivision; or
20 (b) that are to be taken not to interrupt such
participation.
11K. Dealings with parents
(1) Where a parent --
(a) gives notice to the Minister under section 11D
25 or 11H; or
(b) makes an application under section 11G,
in respect of a child, the Minister need not inquire --
(c) whether there is any other person who in
relation to the child is within the definition of
30 "parent" in section 11A(1); or
(d) if there is such a person, whether he or she
concurs with the giving of the notice or the
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making of the application or the information
included in the notice or application.
(2) The Minister may give to a parent a formal
acknowledgment under section 11E or a notice under
5 section 11G in respect of a child without being
concerned --
(a) to inquire whether there is any other person
who in relation to the child may be within the
definition of "parent" in section 11A(1); or
10 (b) to give notice to another person whom he or she
knows to be within that definition.
(3) The Minister may --
(a) require a person who gives a notice or makes an
application referred to in subsection (1) to
15 provide the Minister with evidence or
information to satisfy the Minister that the
person comes within the definition of "parent"
in section 11A(1); and
(b) decline to deal with the notice or application
20 unless the Minister is so satisfied.
(4) Nothing in this section affects the operation and
enforcement of a Family Court order.
11L. Designation as an independent child
(1) The Minister may designate a child to be an
25 independent child for the purposes of this Subdivision
if the Minister is satisfied that the child has the
capacity to make his or her own decisions in relation to
the provisions referred to in subsection (3).
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(2) The Minister is not to designate a child under
subsection (1) --
(a) without having taken into account --
(i) the existence or absence of a
5 relationship between the child and a
parent of the child; and
(ii) the nature of the relationship, if any;
and
(b) unless the Minister is satisfied that no working
10 relationship exists between the child and a
parent of the child.
(3) An independent child may, in relation to the child --
(a) give or cancel a notice under section 11D(1) or
(3);
15 (b) give notice of a variation or proposed variation
under section 11D(4);
(c) give notice of cessation under section 11D(5);
(d) make an application under section 11G(2); or
(e) give notice of employment or cessation of
20 employment under section 11H,
and the notice or application has effect as if it had been
given or made by a parent of the child.
(4) If an independent child has made an application under
section 11G(2) references in section 11G(5) and (6) to
25 a parent are, subject to subsection (5), to be read as
references to the child.
(5) A decision to designate a child as an independent child
may be reviewed or revoked by the Minister at any
time.
30 (6) This section does not apply to a child --
(a) who, before the commencement day, is a ward
for the purposes of the Child Welfare Act 1947,
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whether or not the child is under the
guardianship of the Director-General as defined
in that Act; or
(b) for whom, after the commencement day, the
5 CEO as defined in section 3 of the Children
and Community Services Act 2004 has parental
responsibility under that Act.
(7) In subsection (6) --
"commencement day" means the day on which
10 section 250 of the Act mentioned in
subsection (6)(b) comes into operation.
11M. Functions of Minister in relation to this Subdivision
(1) The functions of the Minister include --
(a) monitoring, and carrying out planning in
15 relation to, the operation and effectiveness of
this Subdivision; and
(b) developing strategies to better provide for the
education and training of children in year 11
and year 12.
20 (2) The functions of the Minister also include --
(a) identifying those children in year 11 or year 12
who are not engaged full-time in education,
training or employment as provided by this Act;
(b) giving such children information about school
25 education and the options that are available
under section 11B(1); and
(c) encouraging and helping parents to assist in the
carrying out of the functions mentioned in
paragraphs (a) and (b).
30 (3) The Minister is to from time to time consult with, and
take into account the views of --
(a) the Director of Catholic Education in Western
Australia; and
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(b) the Association of Independent Schools of
Western Australia (Inc.),
on the carrying out of the functions mentioned in
subsection (1) in relation to children who are enrolled
5 at schools registered under section 160.
11N. Regulations
The regulations may make provision for matters that
are incidental or supplementary to those provided for
by, or are expedient for the operation of, this
10 Subdivision.
".
21. Transitional provision for the giving of notices
(1) In this section --
"child" means a child who will be in year 11 or year 12 during
15 the year 2006;
"principal Act" means the School Education Act 1999;
"year 11" and "year 12" have the meanings given to those
terms by section 4 of the principal Act.
(2) If before 1 January 2006 a child --
20 (a) has been enrolled in a course or a combination of
courses; or
(b) becomes an apprentice or trainee,
as mentioned in section 11B(1) of the principal Act (inserted by
section 20), notice under section 11D(1) of the principal Act (as
25 so inserted) must be given no later than 1 February 2006.
22. Heading to Part 2 Division 1 Subdivision 2 amended
The heading to Part 2 Division 1 Subdivision 2 is amended by
deleting "section 9" and inserting instead --
" sections 9 and 11I ".
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23. Section 13 amended
Section 13(2) is repealed and the following subsection is
inserted instead --
"
5 (2) A question is relevant only if it is reasonably connected
with finding out whether there is living at the
premises --
(a) any child of compulsory school age who is not
enrolled in an educational programme; or
10 (b) any child in respect of whom notice has been
given under section 11D or 11H and who is not
complying with section 11I, as the case may be.
".
24. Section 23 amended
15 After section 23(1) the following subsection is inserted --
"
(1a) A student who is enrolled as mentioned in
section 10(2) may attend or participate for the purposes
of subsection (1) or section 24 on a part-time basis, and
20 the principal is to facilitate the student doing so.
".
25. Section 29 amended
(1) After section 29(1) the following subsection is inserted --
"
25 (1a) In subsection (1) --
"child of compulsory school age" includes a child to
whom section 9(1) does not apply by operation of
section 11F(2), 11H(5) or 11H(6).
".
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(2) Section 29(3)(b) is deleted and the following paragraph is
inserted instead --
"
(b) is --
5 (i) included in the educational programme
applicable to the child; or
(ii) approved under section 11G,
and is consistent with the terms and conditions
of the programme or approval.
10 ".
26. Part 2 Division 5 heading amended
The heading to Part 2 Division 5 is amended by inserting after
"students" --
" and non-participating children ".
15 27. Section 32 amended
Section 32 is amended as follows:
(a) by inserting in the appropriate alphabetical position --
"
"provider" has the meaning given by section 11A(2);
20 ";
(b) in the definition of "school attendance officer" by
deleting "school";
(c) in the definition of "School Attendance Panel" --
(i) by deleting "School"; and
25 (ii) by deleting "a School" and inserting instead --
" an ".
28. Heading to Part 2 Division 5 Subdivision 2 amended
The heading to Part 2 Division 5 Subdivision 2 is amended by
deleting "School attendance" and inserting instead --
30 " Attendance ".
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29. Heading to Part 2 Division 5 Subdivision 3 amended
The heading to Part 2 Division 5 Subdivision 3 is amended by
deleting "school".
30. Section 36 amended
5 (1) Section 36(1)(a) is amended by deleting "student;" and inserting
instead --
"
student or a child who is not complying with
section 11I;
10 ".
(2) Section 36(1)(b) is amended by inserting after "absentee
student" --
" or child who is not complying with section 11I ".
(3) Section 36(2)(a) is amended by deleting "student;" and inserting
15 instead --
"
student or a child who is not complying with
section 11I;
".
20 (4) Section 36(2)(b) is amended as follows:
(a) after paragraph (b)(ii) by deleting "and";
(b) in paragraph (b)(iii) by inserting before "the name" --
"
in the case of a person who appears to
25 the officer to be an absentee student,
";
(c) by deleting the full stop and inserting instead --
" ; and ";
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(d) by inserting after paragraph (b)(iii) the following
subparagraph --
"
(iv) in the case of a person who appears to
5 the officer to be a child who is not
complying with section 11I, the name or
names of the relevant provider or
providers in respect of the child.
".
10 31. Part 2 Division 5 Subdivision 4 heading amended
The heading to Part 2 Division 5 Subdivision 4 is amended as
follows:
(a) by inserting after "non-attendance" --
" and non-participation ";
15 (b) by inserting after "attendance" --
" and participation ".
32. Section 38 amended
(1) Section 38(1) is amended by inserting after "school age" --
" who is enrolled at a school ".
20 (2) Section 38(2) is amended by inserting after "school age" --
" who is enrolled at a school ".
33. Section 40 amended
(1) After section 40(1) the following subsections are inserted --
"
25 (1a) Where a child in respect of whom notice has been
given under section 11D or 11H is not complying with
section 11I, the child's case may be referred to an
Attendance Panel by --
(a) a relevant provider in respect of the child; or
30 (b) an officer mentioned in subsection (1)(b) or (c).
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(1b) Subsection (1a) does not apply where the
non-compliance is a failure to participate in an
apprenticeship or traineeship as mentioned in
section 11I(2)(a).
5 ".
(2) Section 40(2)(a) is amended by inserting after "section" --
" 11I or ".
(3) Section 40(5) is amended as follows:
(a) by deleting "and" after paragraph (f);
10 (b) by inserting after paragraph (f) the following
paragraph --
"
(fa) if the child is a child who has not complied
with section 11I, to the provider or providers in
15 respect of the child; and
".
34. Section 41 amended
(1) Section 41(1) is amended by deleting "26 or 40" and inserting
instead --
20 " 26 or 40(1) ".
(2) After section 41(1) the following subsection is inserted --
"
(1a) Where a child's case has been referred to an
Attendance Panel under section 40(1a) and the Panel
25 has given advice or offered assistance under
section 40(2)(b), a prosecution for an offence against
section 9 is not to be commenced unless there has been
failure to follow the advice or accept the assistance.
".
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35. Section 42 amended
(1) After section 42(1) the following subsections are inserted --
"
(1a) A prosecution for an offence against section 9(2) is not
5 to be commenced in respect of a child to whom a
notice under section 11D or 11H relates unless a
certificate has been given that --
(a) all reasonably practicable steps have been taken
to secure compliance with section 11I by the
10 child; but
(b) non-compliance with that section has
continued.
(1b) Subsection (1a) does not apply where the
non-compliance is a failure to participate in an
15 apprenticeship or traineeship as mentioned in
section 11I(2)(a).
".
(2) Section 42(2)(b)(ii) is amended by deleting "school." and
inserting instead --
20 "
school or a child in respect of whom
notice has been given under section 11D
or 11H.
".
25 (3) Section 42(4) is amended as follows:
(a) by deleting "subsection (1)" and inserting instead --
" subsection (1) or (1a) ";
(b) in paragraph (b) by inserting after "with section" --
" 11I or ".
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(4) Section 42(5) is amended as follows:
(a) by inserting after "under section" --
" 9 or ";
(b) by deleting "subsection (1)" and inserting instead --
5 " subsection (1) or (1a) ".
(5) Section 42(6) is amended by deleting "subsection (1)" and
inserting instead --
" subsection (1) or (1a) ".
36. Section 43 amended
10 (1) Section 43(1) is amended by deleting "In any proceedings for an
offence against section 38(1) in respect of a child" and inserting
instead --
" Where this section applies ".
(2) After section 43(1) the following subsection is inserted --
15 "
(1a) This section applies in any proceedings --
(a) for an offence against section 9(2) in respect of
a child who has not complied with section 11I;
and
20 (b) for an offence against section 38.
".
37. Section 44 amended
Section 44 is amended as follows:
(a) by inserting after "against section" --
25 "
9(2) in respect of a child who has not complied with
section 11I or against section
";
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(b) by inserting after paragraph (c) the following
paragraphs --
"
(ca) that a notice was given under section 11D or
5 11H in respect of a child;
(cb) a statement as to the contents at a particular
time of a notice given under section 11D or
11H;
(cc) that a child in respect of whom a notice was
10 given under section 11D or 11H has not
complied with section 11I;
(cd) a statement as to acts, omissions or conduct that
constitute such non-compliance;
".
15 38. Section 45 amended
Section 45(1) is amended by inserting after "against section" --
"
9(2) in respect of a child who has not complied with
section 11I or against section
20 ".
39. Various references to "School Attendance Panel" amended
(1) Each provision specified in the Table to this subsection is
amended by deleting "a School" and inserting instead --
" an ".
25 Table
s. 26(2)(a) s. 41(1) and (2)
s. 39(1) s. 42(3) and (4)
s. 40(1)
(2) Section 42(2)(a) is amended by deleting "School".
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40. Various references to "school attendance officer" amended
(1) Each provision specified in the Table to this subsection is
amended by deleting "a school" and inserting instead --
" an ".
5 Table
s. 33 s. 36(2)(a) and (b)
s. 34(1) s. 37
s. 34(4) s. 40(1)(b) and (5)(g)
s. 35 s. 43(3) (definition of
"authorised person",
paragraph (a))
(2) Each provision specified in the Table to this subsection is
amended by deleting "A school" and inserting instead --
" An ".
Table
s. 34(2) and (4) s. 36(1)
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Part 3 -- Amendments to provide for the keeping of
student records by the Curriculum Council
41. The Act amended
The amendments in this Part are to the Curriculum Council
5 Act 1997*.
[* Reprint 1 as at 11 April 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 113.]
42. Long title amended
10 The long title is amended by inserting after "achievement," --
"
to provide for a database relating to participation in
education, training or employment by children during their
secondary school years,
15 ".
43. Section 3 amended
Section 3 is amended by inserting after the definition of
"committee" --
"
20 "compulsory education period" means the
compulsory education period under the School
Education Act 1999 determined on the basis of a
model under which --
(a) enrolment at a school occurs as soon as is
25 required by section 9 of that Act; and
(b) schooling progresses normally through each
year until the end of the compulsory
education period under that Act;
".
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44. Section 4 amended
Section 4 is amended as follows:
(a) in paragraph (c) by deleting "post-compulsory" and
inserting instead --
5 " senior secondary ";
(b) after paragraph (c) by deleting "and";
(c) by deleting the full stop at the end of paragraph (d) and
inserting --
" ; and ";
10 (d) by inserting after paragraph (d) the following
paragraph --
"
(e) provide for the maintenance of a database of
information relating to participation by children
15 during their secondary school years in
education, training or employment as provided
for by the School Education Act 1999.
".
45. Section 12 amended
20 (1) After the heading to section 12 the following subsection is
inserted --
"
(1) In this section --
"senior secondary schooling" means the 11th and 12th
25 years of the compulsory education period.
".
(2) Section 12 is amended as follows:
(a) by inserting before "It is a function" the subsection
designation "(2)";
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(b) in paragraphs (a), (c) and (d)(i) by deleting
"post-compulsory" in each place where it occurs and
inserting instead --
" senior secondary ".
5 46. Section 19 amended
Section 19(4) is amended in the definition of "information" by
deleting "Council." and inserting instead --
"
Council, but does not include the information to which
10 section 19L or 19M applies.
".
47. Part 3A inserted
After section 19 the following Part is inserted --
"
15 Part 3A -- Student records
19A. Terms used in this Part
(1) In this Part, unless the contrary intention appears --
"aggregated form", in relation to information, means
in a form that could not reasonably be expected to
20 result in the identification of any of the persons to
whom the information relates;
"educational programme", "principal" and "school"
have the meanings given to those terms in
section 4 of the School Education Act;
25 "exempt child" means a child who is exempted under
section 11 of the School Education Act;
"Minister" means the Minister responsible for the
administration of the School Education Act;
"provider" has the meaning given to that term in
30 subsection (2);
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"School Education Act" means the School Education
Act 1999;
"student" includes --
(a) a child in the 11th or 12th year of the
5 compulsory education period who is not
enrolled at a school or receiving home
education; and
(b) an exempt child;
"student record", in relation to a student, means a
10 record of --
(a) any educational programme in which the
student is or has been enrolled, or that is
being or has been provided to the student by
a home educator;
15 (b) any option under section 11B of the School
Education Act notified under this Part to the
Council by a provider in respect of the
student;
(c) any achievement or other result on the part
20 of the student in relation to --
(i) an educational programme referred to in
paragraph (a); or
(ii) a course, programme, activity or
employment that comes within
25 paragraph (b);
and
(d) any information in respect of the student
required to be given to the Council under this
Part.
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(2) In this Part --
"provider", in relation to a person who comes within a
description in the first column of the Table to this
definition, means a person or body specified in the
5 second column of the Table opposite that
description.
Table
1. A student enrolled in an The principal of the
educational programme at school.
a school.
2. A student undertaking a The university.
course of study at a
university.
3. A student undertaking a The education institution
higher education course that provides the course.
registered under section 23
of the Higher Education
Act 2004.
4. A student undertaking a The registered provider
course or skills training of the course or
programme accredited under programme.
the Vocational Education
and Training Act 1996.
5. An apprentice or trainee (as The employer.
mentioned in
section 11B(1)(c) of the
School Education Act) or
other employee.
6. A student undertaking a The provider specified in
course, programme or the order in respect of
activity prescribed by order the course, programme
made under section 11B(2) or activity.
of the School Education Act.
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19B. Application of this Part to overseas students
(1) In this section --
"overseas student" means a person who holds a
student visa issued under the Migration Act 1958
5 of the Commonwealth.
(2) Sections 19C and 19D do not apply to an overseas
student unless the student consents to a record being
opened for the student.
19C. When student record to be opened
10 A student record must be opened for every student who
is in the 8th year of the compulsory education period --
(a) by the principal of the school at which the
student is enrolled at the beginning of the
school year; or
15 (b) in the case of a student who at that time --
(i) is receiving home education; or
(ii) is an exempt child,
by the chief executive officer referred to in
section 229 of the School Education Act.
20 19D. Provider may be directed to open student record
If the Council receives information from a provider
about a student for whom a student record has not been
opened under section 19C, the Council may in writing
request the provider to open a student record for the
25 student, and the provider must comply with the request.
Penalty: $1 500.
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19E. How student record is opened
A student record is opened by the giving of the
following information to the Council, in accordance
with section 19H, in respect of a student --
5 (a) the student's --
(i) name, including any previous name;
(ii) address; and
(iii) date of birth;
(b) particulars of --
10 (i) any educational programme in which
the student is enrolled or that is being
provided to the student; or
(ii) any option under section 11B of the
School Education Act for which
15 participation arrangements have been
made in respect of the student,
at the time when the record is opened, or in the
case of an exempt child, particulars of the
exemption; and
20 (c) any other prescribed information.
19F. Notifications relating to enrolment and employment
(1) In this section --
"apprentice" has the meaning given by the Industrial
Training Act 1975;
25 "employed" includes employed as an apprentice or
trainee;
"trainee" means a trainee under a traineeship scheme
as defined in the Industrial Training Act 1975.
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(2) Where --
(a) a student record has been opened by the
principal of a school; and
(b) the student concerned is enrolled with, or
5 becomes employed by, another provider,
the provider mentioned in paragraph (b) is to inform
the Council, in accordance with section 19H, of the
enrolment or employment.
(3) Where a student is enrolled with or becomes employed
10 by a provider otherwise than as mentioned in
subsection (2), the provider is to inform the Council, in
accordance with section 19H, of the enrolment or
employment.
(4) If a provider is aware that information previously given
15 in respect of a student under this Part has changed or is
incorrect, the provider is to give the new or correct
information to the Council in accordance with
section 19H.
(5) Where a student ceases to be enrolled with, or
20 employed by, a provider, the provider is to inform the
Council, in accordance with section 19H, of the
cessation and when it occurred.
Penalty applicable to subsections (2), (3), (4) and (5):
$1 500.
25 19G. Notification of achievements
A provider must, in accordance with section 19H, give
to the Council such information as may be prescribed
in respect of results achieved, or not achieved, by a
student for whom a student record has been opened.
30 Penalty: $1 500.
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19H. Further provisions relating to information
(1) Information is to be given to the Council under this
Part --
(a) in a form of notice; or
5 (b) by an electronic means of communication,
as approved by the Council for the purposes of the
provision under which the information is given.
(2) Such information is also to be given in accordance with
any provision made by the regulations, including
10 provision as to the time or times at which the
information is to be given.
(3) Without limiting its powers under section 19I(3) or
19K, the Council is not required to satisfy itself as to
the validity or correctness of information given to it
15 under this Part.
19I. Database of student records and use of information
by Council
(1) It is a function of the Council to maintain a database
containing --
20 (a) information in its possession relating to student
records at the commencement of section 47 of
the Acts Amendment (Higher School Leaving
Age and Related Provisions) Act 2005;
(b) the information relating to student records
25 given to it under this Part; and
(c) other information relating to student records
received by the Council.
(2) The database is to be maintained in such manner and
form as the Council thinks fit.
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the Curriculum Council
s. 47
(3) The Council may at any time change information in the
database to correct any error or omission.
(4) The Council may use the database for the purpose of
keeping the records of assessment and the register of
5 courses referred to in section 14(1)(a).
(5) The Council may use information in the database for
the purpose of performing the functions mentioned in
section 14(1)(c), (2) and (3).
19J. Provision of information to student concerned
10 (1) The Council is to provide to a person who makes a
request under subsection (2) and pays the prescribed
fee, if any, a copy of the student record kept by the
Council in respect of a student.
(2) A request may be made for a copy of a student record
15 only by the student concerned or a person who is
authorised in writing by the student to obtain such a
copy.
19K. Disclosure by Council for checking purposes
The Council may disclose to a provider information
20 given to it under this Part in respect of a student for the
purpose of ensuring that the information is accurate.
19L. Provision of information to Minister for planning
purposes
The Minister may in writing request the Council to
25 provide the Minister with information, in aggregated
form, that comprises, includes or is derived from
information given under this Part, and the Council is to
comply with any such request.
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Acts Amendment (Higher School Leaving Age and Related Provisions)
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Part 3 Amendments to provide for the keeping of student records by
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s. 47
19M. Provision of information to Minister for monitoring
and assisting compliance and participation
(1) In subsection (2) --
"allowed information", in relation to a child,
5 means --
(a) the child's --
(i) name, including any previous name;
(ii) address; and
(iii) date of birth;
10 and
(b) the details shown in the child's student
record of --
(i) the educational programme in or for
which the child was most recently
15 enrolled or receiving home education;
or
(ii) the option, or combination of options,
under section 11B of the School
Education Act, in which the child was
20 most recently a participant.
(2) The Minister may, for a purpose referred to in
subsection (5), in writing request the Council to
provide the Minister with the allowed information in
respect of children to whom this section applies.
25 (3) The Council is to comply with a request made under
subsection (2).
(4) This section applies to a child if the student record for
the child shows that he or she is or appears to be a child
who --
30 (a) is required by section 9 of the School Education
Act to be enrolled in an educational programme
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Acts Amendment (Higher School Leaving Age and Related Provisions)
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Amendments to provide for the keeping of student records by Part 3
the Curriculum Council
s. 47
or receiving home education, but is not so
enrolled or receiving such education; or
(b) is required by section 11I of that Act to be
participating in an option or a combination of
5 options under section 11B of that Act, but is not
so participating.
(5) A request may only be made by the Minister under
subsection (2) --
(a) in respect of children referred to in
10 subsection (4)(a), for the purpose of monitoring
or investigating compliance with section 9 of
the School Education Act or assisting or
securing such compliance; or
(b) in respect of children referred to in
15 subsection (4)(b), for the purpose of --
(i) identifying those children in the 11th or
12th year of the compulsory education
period who are not engaged full-time in
education, training or employment as
20 provided by the School Education Act;
(ii) giving such children information about
school education and the options that
are available under that Act; and
(iii) encouraging and helping parents in
25 relation to the matters referred to in
subparagraphs (i) and (ii).
19N. Disclosure of information by Minister
(1) This section applies to information provided to the
Minister under section 19M in respect of a child to
30 whom that section applies.
(2) The Minister may disclose the information to a person
or body that the Minister considers appropriate,
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Acts Amendment (Higher School Leaving Age and Related Provisions)
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s. 47
including an authorised person as defined in section 12
of the School Education Act.
(3) Such a disclosure may only be made by the Minister
for a purpose referred to in section 19M(5).
5 (4) A person, or a person connected with a body, that
receives information disclosed by the Minister under
subsection (2) must not, directly or indirectly, record,
disclose or make use of the information except for a
purpose referred to in section 19M(5).
10 Penalty: $10 000 and imprisonment for 12 months.
19O. Delegation and subdelegation
Sections 224 and 225 of the School Education Act
apply in respect of the functions of the Minister under
sections 19L, 19M and 19N in the same way as they
15 apply to the functions of the Minister under that Act.
19P. Provision of information to certain entities
(1) The Council is to provide each of --
(a) the Director of Catholic Education in Western
Australia; and
20 (b) the Association of Independent Schools of
Western Australia (Inc.),
with the information prescribed in respect of that body
being information that comprises, includes or is
derived from information given under this Part.
25 (2) The information is to be in aggregated form and given
at the prescribed times.
".
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Acts Amendment (Higher School Leaving Age and Related Provisions)
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the Curriculum Council
s. 48
48. Section 32 amended
After section 32(2) the following subsection is inserted --
"
(3) In relation to information given under Part 3A to the
5 Minister responsible for the administration of the
School Education Act 1999, subsection (1) also applies
to --
(a) the chief executive officer under section 229 of
that Act; and
10 (b) the persons referred to in section 235(1) of that
Act.
".
49. Section 33 amended
After section 33(3) the following subsection is inserted --
15 "
(4) Before the Minister recommends the making or
amendment of a regulation for the purposes of
section 19E(c), 19G, 19H(2) or 19P, the Minister is to
consult with, and take into account the views of --
20 (a) the Director of Catholic Education in Western
Australia; and
(b) the Association of Independent Schools of
Western Australia (Inc.).
".
25
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