Western Australian Current Regulations

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SCHOOL EDUCATION REGULATIONS 2000


TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Terms used  
   4.      Notes etc. not part of regulations

   PART 2 -- Enrolment and attendance

           Division 1 -- Enrolment, all schools  

   5.      Prescribed information required when applying to enrol (Act s. 16(1)(h))  
           6. Information prescribed, for enrolment register (Act s. 19(a))  
           7. Period prescribed, for retention of particulars (Act s. 19(b))  
           8. Closed school, CEO’s duties as to enrolment particulars of  
   9.      Permanent retention of government school enrolment particulars  
   10.     Permanent retention of non-government school enrolment particulars  
   11.     Child changing schools, new principal to inform old principal of

           Division 1A -- Options under Part 2 Division 1 Subdivision 1A of the Act in final years of compulsory education  

   11A.    Term used: option  
   11B.    When participation in one option is full-time (Act s. 11C)  
           11C. When participation in 2 or more options is full-time (Act s. 11C)  
           11D. Arrangements notified under Act s. 11D, exception to duty to notify variation of

           Division 2 -- Enrolment, government schools  

   12.     Criteria prescribed (Act s. 76(2)), child in exchange programme  
   13.     Criteria prescribed (Act s. 76(2)), dependent of scholarship holder  
   14.     Criteria prescribed (Act s. 76(2)), child of certain defence personnel  
   14A.    Criteria prescribed (Act s. 76(2)): holder of or applicant for Schedule 2 visa 1  
   15.     Too many children for pre‑compulsory education at a government school, priority for enrolment in case of  
   16.     Too many children outside intake area for a local-intake school, priority of enrolment in case of  
   18.     Criteria prescribed for School of Isolated and Distance Education (Act s. 79(1)(b))  
           19. Enrolment of person after compulsory education period (Act s. 81(2))  
           20. Enrolment at government school of persons who do not have an entitlement to enrol under s.

           Division 3 -- Attendance  

   21.     Period prescribed for retention of attendance records (Act s. 28(1)(b))  
           22. Closed school, CEO’s duties as to attendance records of  
   23.     Identification badge for school attendance officer, form of prescribed (Act s. 34(4))

   PART 3 -- Management of government schools

           Division 1 -- Hours of instruction  

   24.     Minimum hours prescribed for instruction of child in kindergarten programme (Act s. 123(2)(b))  
           25. Minimum hours prescribed for instruction of child in pre‑primary programme (Act s. 123(2)(b))  
           26. Minimum hours prescribed for instruction of child in primary or secondary programme (Act s. 123(2)(b))  
           27. Periods prescribed under r. 24, 25 and 26, calculation of

           Division 2 -- Health, safety and cleanliness  

   28.     Student with medical condition, principal’s powers in case of  
   29.     Head lice inspection, principal may authorise etc.  
   30.     Student with clothing etc. likely to be hazard in school activity, principal’s powers in case of  
   31.     Student’s hygiene likely to affect others, principal’s powers in case of  
   32.     Parent etc. to be advised of action taken under r. 29(2), 30 or 31

           Division 3 -- School dress codes and codes of conduct

              Subdivision 1 -- School dress codes  

   33.     Matters which may be provided for in dress code (Act s. 140(d)(i))  
           34. Students etc. to be informed of dress code  
   35.     Exempting student from dress code, grounds for etc. (Act s. 140(d)(iii))  
           36. Enforcing dress code, powers for

              Subdivision 2 -- Codes of conduct  

   37.     School’s code of conduct, content of

           Division 4 -- Supervision of students, protection of persons and property  

   38.     Staff member’s powers to manage etc. students

           Division 5 -- Discipline

              Subdivision 1 -- Discipline other than suspension  

   40.     School discipline, principal’s general powers as to breaches of  
   41.     School administrator’s disciplinary powers  
   42.     Detention, rules for imposing etc.

              Subdivision 2 -- Suspension  

   43.     Maximum period of suspension prescribed (Act s. 90(1))  
           44. Suspension, rules for imposing etc. (Act s. 90(2))  
           45. Suspension for 10 days or more in school year, principal’s duty in case of  
   46.     Educational instruction for certain suspended students (Act s. 90(3))  
           46A. Suspension of student charged with or convicted of sexual offence

           Division 6 -- Special religious education  

   47.     Provision of special religious education (Act s. 69(1))  
           48. Who can give special religious education (Act s. 69(3))

           Division 7 -- Advertising and sponsorship  

   49.     Term used: arrangement  
   50.     Arrangements, form and duration of  
   51.     Arrangements, limitations on content of  
   52.     Naming rights in arrangement  
   53.     Teaching materials provided under arrangement

           Division 8 -- Disputes and complaints  

   54.     Term used: scheme  
   55.     Scheme for dealing with disputes and complaints, establishing  
   56.     Protection of complainants etc. from civil liability  
   57.     Detrimental action against complainant etc., offence

   PART 4 -- Financial provisions for government schools

           Division 1 -- Charges and contributions  

   58.     Terms used  
   59.     Materials for which there can be a charge or contribution (Act s. 99)  
           60. Services and facilities for which there can be a charge or contribution (Act s. 99)  
           61. Limits on charges and contributions (Act s. 99(3)(b))

           Division 2 -- Overseas and adult students  

   62.     Criterion prescribed (Act s. 97 overseas student)  
   63.     Fees for instruction prescribed (Act s. 103)  
           64. Exemption from r. 63 fees for some adult students  
   65.     CEO may waive r. 63 fees for some overseas students  
   66.     CEO may waive r. 63 fees for some adult students

   PART 5 -- Management and control of government school premises

           Division 1 -- Preliminary  

   67.     Application of this PART

           Division 2 -- Giving name and address  

   68.     Non-student on school premises, power to obtain name and address of

           Division 3 -- Maintaining good order on school premises  

   69.     Maintaining good order etc., principal’s general powers for

           Division 4 -- Things on school premises  

   70.     Principal’s powers to prohibit and regulate things  
   71.     Confiscating property from students, powers for

           Division 5 -- Permission to use school premises  

   72.     Permitting public to use school premises

           Division 6 -- Orders to leave school premises  

   73.     Term used: authorised person  
   74.     Principal’s authority prevails  
   75.     Ordering non-student or student to leave school premises  
   76.     Circumstances allowing r. 75 order  
   77.     Ordering person to remove animal from school premises

           Division 7 -- Prohibiting persons from entering school premises  

   78.     Prohibition order, principal may make  
   79.     Certain persons not to be prohibited by order from school premises  
   80.     Breach of prohibition order, offence  
   81.     Restraining Orders Act 1997 not affected

           Division 8 -- Closure of school premises  

   82.     Temporary closure of school premises, principal or security coordinator may order  
   83.     Steps to be taken if r. 82(1) order made  
   84.     Offences as to r. 82(1) order  
   85.     Minister may override r. 82(1) order

           Division 9 -- Traffic control on school premises  

   86.     Terms used  
   87.     Signs etc. for traffic control, principal may erect etc.  
   88.     Authorised person may direct drivers etc.  
   89.     Traffic offences  
   90.     Local laws as to parking not affected

           Division 10 -- Management of property left on school premises  

   91.     Term used: authorised person  
   92.     Principal’s authority prevails  
   93.     Removing and moving vehicles, authorised person’s powers for  
   94.     Authorised person’s powers to remove or move vehicles  
   95.     Lost, discarded or disused property, principal’s functions as to; ownership of  
   96.     Unclaimed lost etc. property, disposal of  
   97.     Costs etc. of removing etc. vehicle or property, recovering

           Division 11 -- Review of decisions made under this Part  

   98.     Decision under r. 72(1) to refuse use of school premises, review of  
   99.     Other decisions under this Part, review of  
   100.    Prohibition order, review of  
   101.    Matters applicable to reviews under this Division

           Division 12 -- Fees for the use of school premises  

   102.    Fees for residential accommodation on school premises

   PART 6 -- Government school Councils

           Division 1 -- Preliminary  

   103.    Term used: school

           Division 2 -- Constitution of Councils  

   104.    Interim Council, appointment of etc.  
   105.    Class of school prescribed (Act s. 127(1)(d)); which students can be on Council  
   106.    Number of members prescribed (Act s. 127(5)(b))  
           107. Composition of Council, how determined (Act s. 127(5)(b))  
           108. Members, appointment and election of (Act s. 127(5)(c))  
           109. Who can vote in election of members  
   110.    Term of office prescribed (Act s. 127(5)(d))  
           111. When vacancy occurs  
   112.    Co‑opting members

           Division 3 -- Functions of Councils  

   113.    Functions prescribed that Minister may approve for incorporated Council (Act s. 130(1))  
           114. Council operating for 2 or more schools, performance of functions by

           Division 4 -- Proceedings of Councils  

   115.    Meetings, when to be held; open to public  
   116.    Grounds for closing meeting to public  
   117.    Annual public meeting  
   118.    Special meeting called for by families of students or by students  
   119.    Voting

           Division 5 -- Transitional provision as to Councils  

   120.    Certain Councils to comply with Act s. 127 and this PART Div. 2 and 4 by 1 July 2003

   PART 7 -- Parents and Citizens’ Associations of government schools  

   121.    Term used: association  
   122.    CEO’s approval required for certain activities by association  
   123.    CEO may close or abolish facilities etc. provided by association  
   124.    Constitution of association to contain certain provisions

   PART 8 -- Staff employed in the department

           Division 1 -- General  

   125.    Probation period for teaching staff etc. engaged under Act s. 236(2)  
   126.    Inefficient teachers under repealed r. 86A, transitional provision for

           Division 2 -- Teaching staff  

   127.    Offices etc. prescribed to be school administrators (Act s. 237(a)(ii))  
           127A. Classes of teaching staff prescribed (Act s. 237(c))

   PART 9 -- Non‑government schools  

   128.    Kinds of establishments that are not schools (Act s. 154(2)(c))  
           129. Significant registration changes (Act s. 156)  
           130. Consultation procedures prescribed (Act s. 157C(2)(d))  
           130A. Transitional provision for School Education Amendment Regulations 2020  
   131A.   Other matters about which standards may be determined (Act s. 159(1)(n))  
           131. Consultation procedures prescribed (Act s. 159(2))

   PART 10 -- Community kindergartens

           Division 1 -- Preliminary  

   132.    Terms used

           Division 2 -- Registration of kindergartens  

   133.    Matters prescribed to be considered by Minister when determining registration of kindergarten (Act s. 194(1)(d))

           Division 3 -- Management of kindergartens  

   134.    Functions of teaching staff prescribed (Act s. 205(1)(g))  
           135. When kindergarten to be open  
   136.    Enrolment at kindergarten (Act s. 206(2)(b))  
           137. Minimum hours of instruction for children in kindergarten programme  
   138.    Enrolment register to be kept and retained  
   139.    Permanent retention of kindergarten enrolment particulars

           Division 4 -- Financial provisions for kindergartens

              Subdivision 1 -- Contributions and costs  

   140.    What contributions may be sought (Act s. 207)  
           141. Contributions, determining and limits on (Act s. 207)  
           142. Extra cost optional component, cost of etc. (Act s. 207)  
           143. Items for child’s personal use to be supplied by child  
   144.    Approval and notification of determinations

              Subdivision 2 -- Allocation of moneys appropriated by Parliament  

   145.    Classes of children prescribed (Act s. 210(2)(b))  
           146. Allocation of moneys appropriated by Parliament (Act s. 210(3))

   PART 11 -- Miscellaneous  

   147.    Independent minor, designation of child as  
   148A.   Anaphylactic reaction in child, treatment of by staff member  
   148.    Exemption from regulations, grant etc. of by Minister  
   149.    Limits on charges etc., CEO to review regularly
           SCHEDULE 1 -- Scholarships
           SCHEDULE 2 -- Entitlement to enrolment at government school
           SCHEDULE 3A -- Overseas students with entitlement to enrolment at government school


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