draft tasmanian education bill 2016

8/19/2019 Draft Tasmanian Education Bill 2016

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TASMANIA

__________

EDUCATION BILL 2016

__________

CONTENTS

PART 1 – PRELIMINARY

1. Short title

2. Commencement

3. Objects of Act

4. Principles which are basis of Act

5. Interpretation

6. Ministerial instructions7. Secretary’s instructions

PART 2 – PRE-COMPULSORY EDUCATION

8. Pre-compulsory education

PART 3 – COMPULSORY EDUCATION AND TRAINING

Division 1 – Objects of Part

9. Objects of Part

Division 2 – School-aged chi ldr en

Subdivision 1 – En rolment at school

10. Requirement to enrol school-aged child at school or provide

home education

11. Applying for enrolment at school

12. Exemption from enrolment at school

13. Certificate of exemption

Drafted in the Office of

Parliamentary Counsel

10 March 2016


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Subdivision 2 – Attendance of school-aged chi ldren at school

14. Attendance at school of school-aged child

15. Part-time attendance of school-aged child

16. Exemption from attendance of school-aged child without

application

17. School-aged child excused from daily attendance at school

Subdivision 3 – Providing learn ing programs or notices of home education

dur ing last year as school-aged chi ld

18. Providing learning program or notifying of home education

Division 3 – Youths

Subdivision 1 – Participation in approved learning programs or home

education

19. Participation in approved learning program or home education

20. Exemption from participation in approved learning program


22. Approval of learning program

23. Completion of approved learning program

Subdivision 2 – En rolment at school under approved learn ing program

24. Enrolment at school under approved learning program

Subdivision 3 – Attendance of youths at approved learn ing programs

25. Attendance at approved learning program

26. Part-time attendance at approved learning program

27. Exemption from attendance at approved learning program

without application

28. Youth excused from daily attendance at approved learning

program

Division 4 – Other matters relating to enrolment and attendance at school or

approved learn ing program

29. Withdrawal of school-aged child from school enrolment

30. Notification of change of circumstances under approved learning

program

31. Use of information about approved learning program

32. Objection to participation in school activities


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Division 5 – Managing unauthori sed absences

Subdivision 1 – Investigating unauthorised absences

33. Investigation of unauthorised absence

Subdivision 2 – Compulsory conci l iati on conferences

34. Ministerial instructions relating to student absence

35. Referral of absenteeism to Compulsory Schooling Registrar

36. Process for convening compulsory conciliation conference

37. Conduct of compulsory conciliation conference

38. Recommendations of compulsory conciliation conference39. Before concluding compulsory conciliation conference

40. Procedure by mediator after compulsory conciliation conference

Subdivision 3 – Procedure of Compulsory Schooling Registrar after

compulsory concil iation conference

41. Action by Compulsory Schooling Registrar on report of

mediator

42. Compliance with requirement of Compulsory Schooling

Registrar

Subdivision 4 – Actions if no compli ance with requirement of Compulsory

Schooling Registrar

43. Report of non-compliance with Compulsory Schooling

Registrar’s requirement

Subdivision 5 – Actions by Pri ncipal Of fi cer, Non-attendance on referral of

student absence by Compulsory School ing Registrar

44. Assessing and determining referral of compulsory conciliation

conference’s recommendations, &c.

Subdivision 6 – Compulsory Schooling Orders

45. What is a Compulsory Schooling Order?

46. Compliance with Compulsory Schooling Order

47. Application for review of Compulsory Schooling Order

48. Constituting Review Panel to determine application for review

of Compulsory Schooling Order

49. Review of Compulsory Schooling Order

50. Effect of application for review of Compulsory Schooling Order


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Subdivision 7 – M iscel laneous

51. Re-convening compulsory conciliation conference

52. Confidentiality by mediator

Division 6 – El iminating or ameliorating risks to health and safety of persons

at school

53. Requiring information about child

54. Obligation to provide information about child

55. Requiring medical assessment

56. Provision of information obtained under this Division

57. Strategies to eliminate or ameliorate risks to health and safety of

persons at school

58. Ministerial instructions

Division 7 – Home education

Subdivision 1 – Registration as home educator

59. Application for registration as home educator

60. Determination of application for registration as home educator

61. Registration as home educator subject to conditions

62. Certificate of registration as home educator

63. Authority of registration as home educator

64. Continuing assessment of registration of home educator

65. Revocation of registration as home educator

66. Review of determination relating to registration as home

educator

Subdivision 2 – Approved home education programs

67. Application for approval of proposed home education program68. Determination of application for approval of proposed home

education program

69. Approved home education program subject to conditions

70. Application to amend approved home education program

71. Determination of application to amend approved home education

program

72. Continuing assessment of approved home education program


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73. Amendment of approved home education program by Registrar,

Home Education

Subdivision 3 – Rights and duties of home educators, chi ldr en and schools

74. Enrolment at school for part-time attendance by home educated

child

75. Part-time attendance at school by home educated child

76. Objection to participation in school activities

77. Notification of absence or failure to complete courses

78. Parent to enrol child in school, &c., on revocation or expiry of

registration as home educator79. Providing learning program or notifying of home education

Division 8 – Proceedings for off ences against Part

80. Prosecution for offence against this Part

81. Evidence and presumption

Division 9 – M iscel laneous

82. Particulars of child

83. Guidelines relating to enrolment for part-time schooling

PART 4 – EDUCATION AND TRAINING AFTER SECONDARY

EDUCATION

84. Approval to complete secondary education at State school

85. Attending State school after compulsory education

86. Entitlement to attend TasTAFE

87. Determining what is equivalent of 2 years of full-time study

PART 5 – STATE EDUCATION

Division 1 – Schools

88. State schools

89. Enrolment within intake area

90. Enrolment from outside intake area

91. Enrolment at certain cases

92. Special education

93. Dress code


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94. Distance education

95. Administrative and financial matters

Division 2 – Principals

96. Qualifications of principal

97. Functions of principal

98. Powers of principal generally

Division 3 – School associati ons

99. School association

100. Functions and powers of school association101. Administration of school association

102. Inspection and audit of accounts of school association

103. Annual report of school association

104. Immunity from liability of school association member

Division 4 – Educational instruction

105. Curriculum, assessment and reporting

106. Religious instruction

107. Review relating to education in State schools

Division 5 – Discipline

108. Secretary’s instructions on unacceptable behaviour at State

school

109. Unacceptable behaviour at State school

110. Immediate suspension of State school student

111. Non-urgent suspension or detention of State school student

112. Exclusion and expulsion of State school student

113. Educational instruction while suspended, excluded, expelled or

prohibited from attending State school

114. Review of exclusion, expulsion or prohibition from attending

State school

115. Removal of adult for unacceptable behaviour at State school

Division 6 – M iscel laneous provisions

116. Transfer of State school student

117. Fees, levies and charges relating to attendance at State school


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118. Policy relating to imposing levies and charges relating to

attendance at State school

119. Hire of State school facilities and equipment

120. Educational services

121. Property and equipment

PART 6 – REGISTERED NON-GOVERNMENT SCHOOLS

Division 1 – Non-government school to be registered

122. How non-government school may be registered

123. Offence for non-government school not to be registeredDivision 2 – Systems of non-government schools

Subdivision 1 – Formation of systems of non-government schools

124. Non-government schools may form system

125. Approved authority for system of non-government schools

Subdivision 2 – Registration of systems of non-government schools

126. Application for registration of system of non-government

schools

127. Report of Registrar, Non-government Schools

128. Determining application for registration of system of non-

government schools

129. Registration of system of non-government schools subject to

conditions

130. Term of registration

131. Certificate of registration of system of non-government schools

132. Suspension of registration of system of non-government schools

133. Cancellation of registration of system of non-governmentschools

134. Withdrawal from registration of system of non-government

schools

135. Effect of suspension or cancellation of registration of registered

system school on registered system of non-government schools

Subdivision 3 – Registered system school s

136. Qualification to become member of system of non-government

schools


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137. When registration of individual non-government school changes

to registration as registered system school

138. Registration as registered system school subject to conditions

139. Suspension of registered system school

140. Cancellation of registration of registered system school

141. Withdrawal of school from system of non-government schools

Division 3 – Registration of individual non-government schools

Subdivision 1 – Registration of new non-government schools

142. Application for registration of new individual non-government

school

143. Report of Registrar, Non-government Schools for registration of

new individual non-government school

144. Providing application for registration of new individual non-

government school to Minister

145. Determining application for registration of new individual non-

government school

Subdivision 2 – Registration of transition ing non-government schools

146. Application for registration of transitioning non-governmentschool

147. Report of Registrar, Non-government Schools for registration of

transitioning non-government school

148. Determining application for registration of transitioning non-

government school

Subdivision 3 – Renewal of registration of registered individual school

149. Application for renewal of registration of registered individual

school

150. Report of Registrar, Non-government Schools for renewal ofregistration of registered individual school

151. Determining application for renewal of registration of registered

individual school

Subdivision 4 – General provisions relating to registration of non-

government schools

152. Type of registration

153. Registration as individual non-government school subject to

conditions


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154. Term of registration of individual non-government school

155. Certificate of registration of individual non-government school

156. Suspension of registration of individual non-government school

157. Cancellation of registration of individual non-government school

Division 4 – Registration guidel ines

158. Registration guidelines

Division 5 – Registration reviews

159. Purpose of registration review

160. Request for registration review161. Carrying out registration review

162. Report on registration review

Division 6 – Monitor ing compliance with th is Part and with registration

Subdivision 1 – Monitoring compliance with requirement for non-

government schools to be registered

163. Power to inspect premises, &c., to prevent operation of

unregistered non-government school

Subdivision 2 – Registration inspections

164. Request for registration inspection

165. Carrying out registration inspection

166. Report on registration inspection

167. Fee for registration inspection

Subdivision 3 – Powers of registration offi cers

168. Powers of registration officer in relation to unregistered premises

169. Powers of registration officer in relation to registered premises

170. Warrant to seize document, &c.

171. Warrant to enter residence

172. Requirement to provide information, document or thing

173. Possession of document by Registrar, Non-government Schools

174. Using assistant

175. Obstruction, &c., of registration officer


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Division 7 – Reviews of determinati ons

176. Review of determination

Division 8 – Principals

177. Qualifications of principal

178. Functions of principal

179. Powers of principal generally

180. Removal of adult for unacceptable behaviour

Division 9 – Grants

181. Purpose of this Division182. Grant

183. Amount of grant

184. Grant paid to other person

185. Grant subject to conditions

186. Use of grant

187. Refund of grant

188. Additional grant

189. Certificate certifying use of grant or additional grant

190. Access to school records

Division 10 – Subsidies

191. Purpose of this Division

192. Initial grant of subsidy

193. Amount of subsidy

194. Subsidy paid to other person

195. Subsidy subject to conditions196. Term of subsidy

197. Renewal of subsidy

198. Change of purpose

199. Certifying use of subsidy

200. Access to school records

Division 11 – Non-government Schools Register

201. Non-government Schools Register


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PART 7 – OFFICE HOLDERS, STATUTORY BODIES AND

MEDIATORS

Division 1 – Pri ncipal Of fi cer , Non-attendance

202. Appointment of Principal Officer, Non-attendance

203. Functions of Principal Officer, Non-attendance

204. Powers of Principal Officer, Non-attendance

Division 2 – Compulsory Schooli ng Registrar

205. Appointment of Compulsory Schooling Registrar

206. Functions of Compulsory Schooling Registrar

207. Powers of Compulsory Schooling Registrar

208. Annual report by Compulsory Schooling Registrar

209. Delegation by Compulsory Schooling Registrar

Division 3 – Registrar, Non-government Schools

210. Functions of Registrar, Non-government Schools

211. Powers of Registrar, Non-government Schools

212. Delegation by Registrar, Non-government Schools

Division 4 – Registrar , Home Education

213. Functions of Registrar, Home Education

214. Powers of Registrar, Home Education

215. Register of home educators and approved home education

programs

216. Guidelines issued by Registrar, Home Education

217. Annual report by Registrar, Home Education

218. Delegation by Registrar, Home Education

Division 5 – Registration off icers

219. Appointment of registration officers

Division 6 – Non-government Schools Registration Board

220. Non-government Schools Registration Board

221. Functions of Registration Board

222. Powers of Registration Board

223. Financial records of Registration Board


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224. Annual report by Registration Board

Division 7 – Review Panel

Subdivision 1 – Establishment of Review Panel

225. Establishment of Review Panel

226. Functions of Review Panel

227. Powers of Review Panel

Subdivision 2 – Members of Review Panel

228. Expressions of interest to be members of Review Panel

229. Register of persons who may constitute Review Panel230. Withdrawal by person from inclusion on register maintained

under section 229

231. Removal of person from register maintained under section 229

Division 8 – Tasmanian Home Education Advisory Council

232. Establishment of Tasmanian Home Education Advisory Council

233. Functions of Tasmanian Home Education Advisory Council

234. Powers of Tasmanian Home Education Advisory Council

Division 9 – Employees generally

235. Employees

Division 10 – Staf f, assistance and facil i ties

236. Staff, assistance and facilities

PART 8 – MISCELLANEOUS PROVISIONS

237. Financial assistance

238. Employment of children

239. Corporal punishment in schools240. Minister’s advisory councils

241. Secretary’s advisory councils

242. Hostels

243. Delegation by Minister

244. Delegation by Secretary

245. Immunity from liability

246. False or misleading statements


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247. Appropriation

248. Regulations

249. Administration of Act

250. Legislation repealed

251. Legislation rescinded

252. Legislation revoked

SCHEDULE 1 – PROVISIONS WITH RESPECT TO MEMBERSHIP

AND MEETINGS OF REGISTRATION BOARD


AND MEETINGS OF REVIEW PANEL


AND MEETINGS OF TASMANIAN HOME EDUCATION

ADVISORY COUNCIL

SCHEDULE 4 – LEGISLATION REPEALED

SCHEDULE 5 – LEGISLATION RESCINDED

SCHEDULE 6 – LEGISLATION REVOKED


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[Bill ] 15

EDUCATION BILL 2016

(Brought in by the Minister for Education and Training, the

Honourable Jeremy Page Rockliff)

A BILL FOR

An Act to provide for and regulate education in Tasmania,

to repeal, revoke and rescind certain Acts and statutory

rules and for related purposes

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 Act

2016 .

2. Commencement

The provisions of this Act commence on a day

or days to be proclaimed.

3. Objects of Act

The objects of this Act are –

(a) to make available to each Tasmanian

child a high-quality education that –


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(i) helps maximise his or her

educational potential; and

(ii) enables him or her to contribute

fully to the Tasmanian

community; and

(b) to provide for 13 years of compulsory

education and training; and

(c) to provide for access to pre-compulsory

education; and

(d) to provide for the operation, governance

and monitoring of State schools; and

(e) to provide for the operation, governance

and monitoring of non-government

schools; and

(f) to provide for the registration and

monitoring of home education.

4. Principles which are basis of Act

The principles on which this Act is based are the

following principles:

(a) the right of every child to receive an

education until he or she completes theyear of secondary education commonly

known as Year 12;

(b) that the State recognises the role of a

parent as a child’s first educator and the

importance of a parent’s ongoing role inthe education of a child;


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(c) the importance of the State, parents,

teachers, schools, and other educational

institutions, including TasTAFE and the

University of Tasmania, working

collaboratively to engender a

commitment in all sectors in Tasmania to

achieving the best educational outcomes

for children;(d) the importance of the provision by the

State of universal access to education

through the maintenance of a government

education system;

(e) the importance of providing thefoundation for lifelong learning.

5. Interpretation

In this Act, unless the contrary intention

appears –

administrative authority , in relation to a

school, means –

(a) in relation to a State school, the

Secretary; or

(b) in relation to a registered

individual school, the governing

body of the school; or

(c) in relation to a registered system

school, the approved authority for

the system of non-government


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schools of which the school is a

member;

apprentice has the same meaning as in the

Training and Workforce Development

Act 2013;

approved home education program means a

proposed home education program thathas been approved under section 68, asamended from time to time;

approved learning program means a learning

program that is approved under

section 22 or 78;

Australi an Quali fi cations Framework means

the national policy of that name for

accredited qualifications in Australianeducation and training (including

addenda to that policy added from timeto time) that –

(a) defines qualifications recognised

nationally in education and

training undertaken within

Australia; and

(b) is endorsed and published by the

Australian Qualifications

Framework Council; and

(c) took effect on 1 July 2011 –

as amended or substituted from time totime;


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Australian Qualifications Framework

Council means the council –

(a) established under the authority of

the National Ministerial Council

responsible for education,

training and employment; and

(b) that has responsibilities for theAustralian QualificationsFramework;

certi fi cate of registration , in relation to –

(a) a home educator, means the

certificate of registration issuedunder section 62; or

(b) a registered system of non-government schools or a

registered individual school,

means the certificate ofregistration issued under

section 131 or 155;

child means a person who –

(a) has not attained the age of 18

years; or

(b) has attained the age of 18 years

but –

(i) is required under

section 19 to participate in

an approved learning


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program or be home

educated; or

(ii) would be so required to

participate in an approved

learning program or be

home educated if not

exempted or excused

under Part 3;

compulsory concil iation conference means a

conference referred to in section 34(b);

Compulsory Schooling Order has the

meaning given by section 45;

Compulsory Schooling Registrar means the

person appointed as Compulsory

Schooling Registrar under section 205;

corporal punishment means physical

punishment by means of cane, stick,strap, belt or hand or by any other means;

disability , in relation to a person, means a

disability which –

(a) is attributable to an intellectual,

psychiatric, sensory or physicalimpairment or a combination of

those impairments; and

(b) is permanent or likely to be

permanent; and

(c) results in –


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(i) a substantially reduced

capacity of the person for

communication, learning

or mobility; and

(ii) the need for continuing

support services; and

(d) may or may not be of a chronicepisodic nature;

distance education means education provided

to a school-aged child that is –

(a) characterised by the separation of

the teacher and child in time or place; and

(b) provided by using a variety ofmethods of delivery;

eligible capital expenditure meansexpenditure incurred for the educational

or residential purposes of school students

relating to –

(a) the acquisition of land; and

(b) the erection, alteration andextension of buildings; and

(c) the installation of essential

services;

eligible loan means a loan that is –


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(a) taken out wholly or partly for the

purpose of eligible capital

expenditure; and

(b) repayable within a period of 20

years; and

(c) repayable by principal and

interest;

fu ll -time employment has the same meaning

as in the Australian Bureau of Statistics

Labour Force Survey;

governing body means –

(a) in relation to a registered school,

the person or organisation that

owns, manages or operates aregistered non-government

school; or

(b) in relation to a proposed new

non-government school, the

person or body that proposes to

establish the new non-

government school; or

(c) in relation to a State school, theSecretary;

home education means the education of a

school-aged child or youth by a home

educator in accordance with an approved

home education program;


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home educator means a person who is

registered, either fully or on a temporary

basis, as a home educator under

section 60;

hostel means a facility for the residential

accommodation of school students;

individual educational program means a program authorised and supervised by a principal of a school that meets the

individual educational needs of a child

enrolled at that school;

individual non-government school means anon-government school which is not a

member of a system of non-government

schools;intake area , in relation to a State school,

means the area determined by theSecretary under section 89(1) to be the

intake area for that school;

learning program means –

(a) education at a school; or

(b) education through an individualeducation program; or

(c) vocational education and training,

within the meaning of the

Training and Workforce

Development Act 2013; or


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(d) an apprenticeship or traineeship

under a training contract

approved under section 32 of the

Training and Workforce

Development Act 2013; or

(e) education at a university; or

(f) a combination of any approvedlearning programs referred to in

paragraph (a), (b), (c), (d) and (e);

Ministerial instructions means instructions

issued by the Minister under section 6;

new individual non-government school means a non-government school that,

immediately before an application for

registration of the school is made underDivision 3 of Part 6, was not registered –

(a) as a member of a system of non-government schools under

Division 2 of Part 6; or

(b) as an individual non-government

school under Division 3 of

Part 6 – whether or not the school had previously

been so registered;

non-government school means a school, other

than a State school, that provides

educational instruction at any level up toand including the final year of secondary

education;


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overseas student means a student who –

(a) is not entitled to reside

permanently in Australia; and

(b) would not normally be resident in

Australia if he or she were not

attending a State school;

parent includes a guardian or other personhaving the care or control of a child;

principal means the individual in charge of

the day-to-day operation of a school;

Principal Off icer , Non-attendance means the person appointed as the Principal Officer,

Non-attendance under section 202;

provider , in relation to an approved learning

program, means any of the following

persons who, under the program, areinvolved in providing the whole or any

part of the program:

(a) a principal of a school;

(b) TasTAFE;

(c) an employer of an apprentice or

trainee;

(d) the University of Tasmania;

(e) an employer of a youth;


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registered individual school means a non-

government school which is registered

under Division 3 of Part 6;

registered system school means a non-

government school that is registered as

member of a registered system of non-

government schools under Division 2 of

Part 6;

registered system of non-government schools means a system of non-government

schools that is registered under

section 128;

registered school means –

(a) a registered system school; or

(b) a registered individual school; or

(c) a campus of a school that isregistered, managed or controlled

by a school in another State or a

Territory;

Registrar , Home Education means the person

appointed as Compulsory Schooling

Registrar under section 205;

Registrar, Non-government Schools means

the person appointed as Compulsory

Schooling Registrar under section 205;

Registration Board means the Non-

government Schools Registration Boardestablished under section 220;


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registration inspection means an inspection

carried out in accordance with a request

made by the Registration Board under

section 164;

registration of fi cer means –

(a) the Registrar, Non-government

Schools; or

(b) the Registrar, Home Education;

or

(c) a person appointed as a

registration officer under

section 219;

registration review means a review carried out

in accordance with a request made by theRegistration Board under section 160(1);

relevant record means any record, book,document, account or other information

compiled, recorded or stored by any

means which is relevant to the granting,

making or determination of a grant under

section 182 or 188 or a subsidy,

including records relating to students;

Review Panel means the Review Panel

established under section 225;

school means –

(a) a State school; and

(b) a centre, unit or institute of the

State which provides educational


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as year 7 to the year commonly known as

Year 12 (inclusive);

Secretary means the Secretary of the

Department;

senior secondary education means education

at a school for the years commonly

known as Year 11 and Year 12;

special education means education which

provides educational services to students

with disabilities;

special school means any school at which

special education is provided for studentswith disabilities;

State school means a school, including acollege for senior secondary education,

established under section 88;

student means a child, youth or person –

(a) enrolled at a school; or

(b) provided with home education; or

(c) participating in an approvedlearning program;

subsidy means a subsidy granted, or renewed,

under section 192 or 197;

system of non-government schools means a

system of non-government schools

formed in accordance with section 124;


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system’s relevant financial year means the

financial year of the system of non-

government schools during which a

subsidy was received by it;

TasTAFE means TasTAFE created under

section 56 of the Training and Workforce

Development Act 2013;

trainee has the same meaning as in theTraining and Workforce Development

Act 2013;

transitioning non-government school means

a non-government school that is referredto in section 133(6), section 134(4) or

section 141(5);

University of Tasmania means the universitycontinued under that name under section

4 of the University of Tasmania Act

1992;

vocational education and training has the

same meaning as in the Training and

Workforce Development Act 2013;

youth means a child who – (a) is required under section 19 to

participate in an approved

learning program or be home

educated; or

(b) would be required undersection 19 to participate in an

approved learning program if not


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exempted or excused under

Part 3.

6. Ministerial instructions

(1) In this section –

specified means specified in the Ministerialinstructions.

(2) The Minister may issue instructions, in writing,

in relation to the guidelines, principles, practices

and procedures to be observed by the Secretary,

the Registrar, principals, schools, parents and

children in relation to –

(a) enrolment at school, including the

enrolment of a child who is not yet aschool-aged child; and

(b) attendance at schools and approved

programs; and

(c) the management of the non-attendance of

a child at a school; and

(d) the approval of, and the revocation of the

approval of, any person as a mediator forthe purposes of convening and

facilitating compulsory conciliation

conferences; and

(e) any matter concerning the registration of

a system of non-government schools or a

non-government school and the processes to be followed by the


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Registration Board in complying with

this Act or any other Act; and

(f) such other matters relating to the

purposes and administration of this Act

as the Minister considers appropriate.

(3) Before issuing a Ministerial instruction in

relation to a registered school, or which willaffect a registered school, the Minister is toconsult with whichever one or more of the

following is relevant in the circumstances:

(a) the governing body of the registered

school;

(b) the approved authority for the system of

non-government schools of which the

registered school is a member;

(c) if the registered school is a member of an

association of schools that representsthose schools, that association.

(4) Ministerial instructions may be issued so as to –

(a) apply at all times, at a specified time or

for a specified period; and

(b) apply to –

(i) all schools, principals, schools,

teachers, parents and children; or

(ii) a specified class of schools,

principals, teachers, parents orchildren; or


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(iii) a specified school or principal.

(5) Ministerial instructions may –

(a) provide that the Secretary, the Registrar,

a principal or a class of principals

determine a specified matter; and

(b) exempt a school or a person, or a class ofschools or persons, from the requirementto comply with a specified provision of

the Ministerial instructions, whether on

specified conditions or unconditionally

and either wholly or to such extent as is

specified.

(6) The Minister, from time to time, may amend the

Ministerial instructions, rescind them or rescind

them and substitute new Ministerial instructions.

(7) The Ministerial instructions are to be published

in the manner that the Minister considersappropriate.

(8) An amendment to the Ministerial instructions is

taken to be incorporated with the instructions.

(9) A Ministerial instruction that is inconsistent with

this Act is invalid to the extent of theinconsistency.

(10) The Ministerial instructions, an amendment to

the Ministerial instructions and a rescission of

the Ministerial instructions are not statutory rules

for the purposes of the Rules Publication Act1953.


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7. Secretary’s instructions

(1) In this section –

specified means specified in the Secretary’s

instructions.

(2) The Secretary may issue instructions, in writing,

in relation to matters under this Part, including, but not limited to –

(a) the entitlement of school-aged children,

youths and persons whose homes are not

in the intake area for a school to enrol at

that school; and

(b) the attendance at a State school of

children referred to in section 8; and

(c) the process to be followed by State

schools in managing the absences of their

students not authorised by Part 3; and

(d) acceptable and unacceptable behaviour

of students, teachers and other persons at

State schools;

(e) the regulation of the conduct and

discipline of students, including theexpulsion and suspension of students;

and

(f) the transfer of students at State schools

between classes and between courses;

and

(g) the transfer of students between State

schools; and


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(h) the curriculum, teaching practice,

homework, assessment and reporting

procedures at State schools; and

(i) religious instruction at State schools; and

(j) the development of plans, budgets and

reports for State schools; and

(k) the charging of fee, levies and charges by principals of State schools for matters

incidental to the provision of education;

and

(l) the management of the hostels for State

school students; and

(m) powers of school associations; and

(n) any other matter in relation to which this

Act provides that the Secretary is to, or

may, issue instructions; and

(o) any other matters that the Secretary

considers appropriate or that are

prescribed by the regulations.

(3) The Secretary’s instructions may be issued so as

to –

(a) apply at all times, at a specified time or

for a specified period; and

(b) apply to –

(i) all schools, principals, schools,

teachers, parents, children, youthsand persons; or


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(ii) a specified class of schools,

principals, teachers, parents,

children, youths or persons; or

(iii) a specified school or principal.

(4) The Secretary’s instructions may –

(a) provide that a principal or a class of principals determine a specified matter;and

(b) exempt a school or a person, or a class of

schools or persons, from the requirement

to comply with a specified provision of

the Secretary’s instructions, whether onspecified conditions or unconditionally

and either wholly or to such extent as is

specified.

(5) The Secretary, from time to time, may amend the

Secretary’s instructions, rescind them or rescindthem and substitute new Secretary’s instructions.

(6) The Secretary’s instructions are to be published

in the manner the Secretary considers

appropriate.

(7) An amendment to the Secretary’s instructions istaken to be incorporated with the instructions.

(8) A Secretary’s instruction that is inconsistent with

this Act is invalid to the extent of the

inconsistency.

(9) The Secretary’s instructions, an amendment tothe Secretary’s instructions and a rescission of


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the Secretary’s instructions are not statutory

rules for the purposes of the Rules Publication

Act 1953.


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s. 8 Part 2 – Pre-compulsory Education

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PART 2 – PRE-COMPULSORY EDUCATION

8. Pre-compulsory education

(1) A child who attains the age of 4 years on or

before 30 June in any year is entitled to attend a

school in that year for pre-compulsoryeducation.

Note This section will commence on 1 January 2020 and, until that

day, section 46 of the Education Act 1994 continues to apply.

(2) However, subsection (1) does not entitle a childto attend any particular school and attendance at

a particular school is dependent on –

(a) the school offering a suitable pre-

compulsory educational program for a

child of that age; and

(b) the ability of the school to accommodate

the child in that program.

(3) A parent may enrol a child at a school for pre-

compulsory education by lodging a completed

application with the school’s principal.

(4) An application for enrolment for pre-compulsory

education is to include any information the

school’s administrative authority may determine

relating to –

(a) the identity of the child; and

(b) the identity of any parent of the child;

and


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(c) the place of residence of the child; and

(d) any other matter the school’s

administrative authority considers

relevant.

(5) If requested by the school’s principal, a parent

wishing to enrol a child for pre-compulsory

education at the school is to provide evidenceof –

(a) the age of the child; and

(b) the family name of the child; and

(c) the parent’s guardianship, the parent’s parental responsibility under a parenting

plan, or parenting order, under Part VII

of the Family Law Act 1975 of theCommonwealth or the parent’s other care

and control of the child.


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PART 3 – COMPULSORY EDUCATION AND

TRAINING

Division 1 – Objects of Part

9. Objects of Part

The objects of this Part are to ensure that achild –

(a) remains at school, or is home educated,

until completion of the school year in

which he or she attains the age of 16

years; and

(b) then continues at school, otherwise participates in an approved learning

program or is home educated until he orshe attains the age of 18 years or

completes the approved learning

program –

unless the child is exempted under this Part.

Division 2 – School-aged children

Subdivision 1 – Enrolment at school

10. Requirement to enrol school-aged child at school or

provide home education

(1) Unless exempted or excused under this Division

a child who is at least 5 years of age as at 30

June in any year must be enrolled at a school or

be provided with home education by a registeredhome educator for that year and subsequent


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years until the child completes the school year

during which he or she attains the age of 16

years.

Note This subsection will commence on 1 January 2021 and, untilthat day, section 4 of the Education Act 1994 continues toapply.

(2) Each parent of a school-aged child must ensure,unless the child is exempted from enrolment

under section 12 or the parent has a reasonableexcuse, that the child is –

(a) enrolled at a school; or

(b) being provided with home education by a

parent of the child who is registered as ahome educator in respect of that child.

Penalty: Fine not exceeding –

(a) [5] penalty units for a first

offence; and

(b) [10] penalty units for a second

or subsequent offence.

Note All penalties throughout this Bill are under review andtherefore have been set out in square brackets.

(3) Without limiting subsection (2), it is a

reasonable excuse for a parent that the school-

aged child primarily resides with another parent

and the first parent believes, on reasonable

grounds, that the other parent –

(a) is ensuring that the school-aged child is

enrolled at a school; or


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(b) is a home educator providing the school-

aged child with home education.

(4) A school-aged child may not be enrolled at more

than one school unless the child –

(a) has a disability; and

(b) is of a class prescribed by theregulations; and

(c) is enrolled in accordance with the

regulations.

11. Applying for enrolment at school

(1) A parent is to enrol a school-aged child at a

school by lodging a completed application withthe school’s principal.

(2) An application for enrolment of a school-aged

child is to include any information the

Secretary’s instructions require in relation to –

(a) the identity of the child; and

(b) the identity of the parent of the child; and

(c) the place of residence of the child; and

(d) any other matter the Secretary considersrelevant.

(3) If requested by the school’s principal, a parent

wishing to enrol a school-aged child is to

provide evidence of –

(a) the age of the child; and


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(b) the family name of the child; and

(c) the parent’s guardianship, the parent’s

parental responsibility under a parenting

plan, or parenting order, under Part VII

of the Family Law Act 1975 of the

Commonwealth or the parent’s other care

and control of the child.

12. Exemption from enrolment at school

(1) A parent of a school-aged child, or a school-aged

child who is living independently from his or her

parents, may apply in writing to the Secretary to

exempt the child from the requirement to enrol ata school.

(2) The Secretary, at his or her own initiative or onthe application of a parent or a school-aged child

under subsection (1), may grant a school-aged

child, or a class of school-aged children, anexemption from the requirement to be enrolled at

a school if satisfied that it is in the best interests

of the child, or children, to be exempted.

(3) The Secretary may –

(a) grant the exemption subject to anycondition; and

(b) impose any further condition, or vary or

revoke any condition, at any time.

(4) The Secretary is to publish an exemption granted

under subsection (2) of a class of school-aged


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children in a manner he or she considers

appropriate.


(1) A certificate of exemption is a certificate that

states that the school-aged child specified in it is

exempt from the requirement to be enrolled at aschool on the conditions specified in, or attachedto, it.

(2) If the Secretary under section 12 exempts a

school-aged child from the requirement to enrol

at a school, the Secretary is to issue a certificate

of exemption to the parent of the child or, if theSecretary considers it appropriate, to the child.

(3) If –

(a) the Secretary under section 12 exempts a

class of school-aged children from therequirement to enrol at a school; and

(b) the parent of a school-aged child of that

class, or such a child, applies in writing

to the Secretary for a certificate of

exemption –

the Secretary is to issue a certificate of

exemption to that parent or child.

(4) A certificate of exemption remains in force for

the period referred to in it unless sooner revoked.

(5) A certificate of exemption ceases to be in forceif any condition of the exemption is contravened.


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(6) The Secretary may revoke an exemption if

satisfied that it is appropriate to do so.

(7) If a certificate of exemption is revoked, the

parent or child to whom it was issued must

return it to the Secretary.

Penalty: In the case of a contravention by a

parent, a fine not exceeding [5] penalty units.

Subdivision 2 – Attendance of school-aged chi ldren at school

14. Attendance at school of school-aged child

(1) Unless exempted or excused under this Division,a parent of a school-aged child must ensure that

the child –

(a) attends school each school day; or

(b) receives home education; or

(c) participates in an individual educational

program.

Penalty: Fine not exceeding [10] penalty units

and, in the case of a continuingoffence, a further fine not exceeding 2

penalty units for each day duringwhich the offence continues.

(2) If a court finds a parent guilty of an offence

under subsection (1), the court, instead of or in

addition to imposing a fine, may impose a

community service order within the meaning ofthe Sentencing Act 1997 .


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(3) A school-aged child is to attend a school during

the whole of a school day unless the child –

(a) is being provided with home education;

or

(b) is participating in an individual

educational program; or

(c) is exempted or excused from attendanceunder this Division.

(4) A principal must ensure that a register is kept

recording the daily attendance or absence of

each school-aged child.

(5) For the purposes of this section, a school-aged

child may attend a school by using a form of

electronic communication, within the meaning ofthe Electronic Transactions Act 2000, if –

(a) the principal of a school has approvedattendance at the school by that form of

electronic communication; and

(b) the principal has approved the attendance

of the child at the school by using that

form of electronic communication.

15. Part-time attendance of school-aged child

(1) A parent of a school-aged child may apply, in

writing, to the Secretary to permit the child to

attend a school part-time.

(2) The Secretary, at his or her own initiative or onthe application of a parent, may permit part-time


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attendance at a school if satisfied that it is in the

best interests of the school-aged child to attend

part-time.


(a) permit part-time attendance at a school

subject to any condition; and

(b) impose any further condition or vary orrevoke any condition at any time.

16. Exemption from attendance of school-aged child

without application

(1) A school-aged child is exempted from therequirement to attend a school if –

(a) the child is suspended or temporarily

excluded from that school; or

(b) the child has been expelled from that

school; or

(c) the child has been, or is of a class of

school-aged children that has been,

exempted under section 12 from the

requirement to be enrolled at a school; or

(d) the child attended a school which thechild’s parent reasonably believed to be a

school within the meaning of this Act.

(2) An exemption under this section ceases to have

effect on the day on which the event on which

the exemption is based ceases to apply.


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(3) A school-aged child who is enrolled at a school

is not exempted from the requirement to attend

the school by reason only of a disability.

17. School-aged child excused from daily attendance at

school

(1) A school-aged child is excused from attendanceat a school if –

(a) the child –

(i) is sick; or

(ii) has a temporary physical or

mental incapacity; and

(b) that sickness or physical or mentalincapacity is such that it prevents the

child from attending; and

(c) a parent of the child has notified the

school’s principal as soon as practicableon or after the day on which the child is

absent, but not later than 2 days after that

day.

(2) If a school-aged child has failed to attend at aschool because of sickness or incapacity for a

total of 5 days in any school year, the parent of

the child is to provide a certificate from a

medical practitioner in relation to any further

failure to attend because of sickness or

incapacity if requested to do so by the school’s

principal.


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(3) For the purposes of subsections (1) and (2), if a

school-aged child has a medical, or other,

condition that results in the child being

susceptible to having a physical, emotional or

mental reaction to an incident, situation or

exposure to disease which is stronger than the

reaction of school-aged children who do not

have the condition – (a) the child, by reason of that condition

alone, is taken not to be sick or

incapacitated; but

(b) on the day on which the child is absent

from school, is taken to be sick orincapacitated if he or she is experiencing

or recovering from such a reaction.

(4) A principal of a school may require a school-

aged child not to attend a school during any day

on which the child has an infestation or issuffering from any disease which, on advice

from the Director of Public Health, the Secretary

considers may be infectious, contagious or

harmful to the health of other persons at the

school.

Subdivision 3 – Providing learning programs or notices ofhome education dur ing last year as school-aged chi ld

18. Providing learning program or notifying of home

education

(1) During the year in which a school-aged child

who is enrolled at a school attains the age of 16

years, the parent of the child, and the child, must


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ensure that notice of a proposed learning

program for the child to participate in following

the completion of that school year is provided to

the principal of the child’s school in accordance

with this section unless the child is to be home

educated following the completion of that school

year.

Penalty: In the case of a contravention by a parent, a fine not exceeding [10]

penalty units.

(2) A notice under subsection (1) is to –

(a) be in a form approved by the Minister;and

(b) include the proposed learning program;

and

(c) be provided to the principal of the child’s

school no later than the end of the schoolyear for that school.

(3) During the year in which a school-aged child

who is enrolled at a school attains the age of 16

years, the parent of the child, and the child, must

ensure that notice that the child is to be homeeducated following the completion of that school

year is provided, in accordance with this section,

to the principal of the child’s school unless the

child is to participate in an approved learning

program following the completion of that school

year.


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parent, a fine not exceeding [10]

penalty units.

(4) A notice under subsection (3) is to –

(a) be in a form approved by the Minister;

and

(b) include evidence that the parent of thechild is a home educator or has applied to

be registered as a home educator as

required by the Ministerial instructions;

and

(c) be provided to the Secretary no later thanthe end of the school year for that school.

(5) Before 31 December in the year in which the principal of the school receives a notice under

subsection (1) or (3), the principal is to provide –

(a) the notice to the Secretary; and

(b) a copy of the proposed learning program

to each provider under the proposed

learning program if the child is a child

referred to in section 22(1) or (2); and

(c) a copy of the notice under subsection (3)

to the Registrar, Home Education.

(6) This section does not apply to a child who is

enrolled at a school, for part-time attendance, as

part of his or her approved home education

program and is to continue to be home educated


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following the completion of the school year in

which he or she attains the age of 16 years.

Division 3 – Youths

Subdivision 1 – Participation in approved learning programs

or home education

19. Participation in approved learning program or

home education

(1) Unless exempted or excused under this Division,

a person who has completed the school year

during which he or she attained the age of 16

years must –

(a) participate full-time in an approved

learning program until the first of thefollowing occurs:

(i) the youth completes the year of

secondary education commonlyknown as Year 12:

(ii) the youth obtains a Certificate III

qualification, within the meaning

of the Australian Qualifications

Framework;

(iii) the youth completes an

apprenticeship;

(iv) the youth attains the age of 18

years; or

(b) be home educated until the completion ofhis or her approved education program


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for the calendar year in which he or she

attains the age of 18 years.

Note Although this subsection provides that the age until which ayouth must participate in an approved learning program or behome educated is 18 years, it will only be until 17 years forsome years after the section commences. Transitional provisions will ensure that the first children who will berequired to continue in an approved learning program or home

education until the age of 18 years are those who will be inYear 8 in 2017.

(2) Each parent of a youth who is not being home

educated as referred to in subsection (1) must

ensure that the youth is participating full-time in

an approved learning program unless a youth is

exempted from participation under section 20 or

the parent has a reasonable excuse.



offence; and



(3) Each parent of a youth who is not participating

full-time in an approved learning program as

referred to in subsection (1) must ensure that theyouth is being home educated unless the parent

has a reasonable excuse.



offence; and


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(4) Without limiting subsection (2) or (3), it is a

reasonable excuse for a parent that –

(a) the youth primarily resides with another

parent and the first parent believes, on

reasonable grounds, that the other parentis ensuring that the youth participatesfull-time in an approved learning

program or is being home educated; or

(b) in all the circumstances, the parent is not

reasonably able to ensure that the youth participates full-time in an approved

learning program or is home educated.

(5) If a court finds a parent guilty of an offenceunder subsection (2) or (3), the court, instead of

or in addition to imposing a fine, may impose acommunity service order within the meaning of

the Sentencing Act 1997 .

20. Exemption from participation in approved learning

program

(1) A parent of a youth, or a youth who is livingindependently from his or her parents, may

apply, in writing, to the Secretary to exempt the

youth from the requirement to participate in an

approved learning program.

(2) If the Secretary is satisfied by evidence providedwith an application under subsection (1) that the


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youth is in full-time employment, the Secretary

is to grant the exemption.

(3) The Secretary, at his or her own discretion, may

grant a class of youths an exemption from the

requirement to participate in an approved

learning program if satisfied that it is in the best

interests of the youths to be exempted.

(4) The Secretary, on an application undersubsection (1) that does not relate to the youth

being in full-time employment, may grant a

youth an exemption from the requirement to

participate in an approved learning program if

satisfied that it is in the best interests of theyouth to be exempted.

(5) The Secretary may – (a) grant an exemption under subsection (2),

(3) or (4) subject to any condition; and

(b) impose any further condition, or vary or

revoke any condition, at any time.

(6) The Secretary is to publish an exemption granted

under subsection (4) of a class of youths in a

manner he or she considers appropriate.


(1) A certificate of exemption is a certificate that

states that the youth specified in it is exempt

from the requirement to participate in an

approved learning program on the conditionsspecified in, or attached to, it.


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(2) If the Secretary under section 20 exempts a

youth from the requirement to participate in an

approved learning program, the Secretary is to

issue a certificate of exemption to the parent of

the youth or, if the Secretary considers it

appropriate, to the youth.

(3) If –

(a) the Secretary under section 20 exempts aclass of youths from the requirement to

participate in an approved learning

program; and

(b) the parent of a youth of that class, orsuch a youth, applies in writing to the

Secretary for a certificate of exemption –

the Secretary is to issue a certificate ofexemption to that parent or youth.

(4) A certificate of exemption remains in force forthe period referred to in it unless sooner revoked.

(5) A certificate of exemption ceases to be in force

if any condition of the exemption is contravened.

(6) The Secretary may revoke an exemption if

satisfied that it is appropriate to do so.

(7) If a certificate of exemption is revoked, the

parent or youth to whom it was issued must

return it to the Secretary.


parent, a fine not exceeding [5] penalty units.


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22. Approval of learning program

(1) If a school-aged child is in the year of secondary

education commonly known as Year 10 when

notice of the child’s proposed learning program

is provided to the principal of his or her school

under section 18 and completes that year of

education, the proposed learning program set out

in the notice is the approved learning plan for thechild on becoming a youth.

(2) If a school-aged child is in the year of secondary

education commonly known as Year 11 or Year

12 when notice of the child’s proposed learning

program is provided to the principal of his or herschool under section 18, the proposed learning

program set out in the notice is the approved

learning plan for the child on becoming a youth.

(3) If a school-aged child –

(a) is in a year of education below the year

commonly known as Year 10 when

notice of the child’s proposed learning

program is provided to the principal of

his or her school under section 18; or

(b) is in the year of secondary educationcommonly known as Year 10 when the

notice is so provided but does not

complete that year of education –

the Secretary may approve the proposed learning

program, or amend it and approve the amended

proposed learning program, as the approved

learning program for the child on becoming a

youth.


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(4) If a school-aged child is being home educated

when notice of the child’s proposed learning

program is provided to the Secretary under

section 79, the Secretary may approve the

proposed learning program, or amend it and

approve the amended proposed learning

program, as the approved learning program for

the child on becoming a youth.(5) Before amending a proposed learning program,

the Secretary is to consult the parent of the child

and the child, as the Secretary considers

appropriate.

(6) A proposed learning program referred to insubsection (3) or (4), or that program as

amended under this section, becomes the

approved learning program for the school-agedchild on becoming a youth if it is approved

under that subsection.

(7) On approving a proposed learning program

referred to in subsection (3) or (4), or that

program as amended under this section, the

Secretary is to notify the parent of the child and

the child, in writing, of that approval and is to provide a copy of the approved learning program

to –

(a) each provider under the program; and

(b) if the approval is of an amended

proposed learning program, the parent of

the child and the child.


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23. Completion of approved learning program

For the purposes of this Act, a youth completes

his or her approved learning program when he or

she, under section 19(1), is no longer required to

participate in an approved learning program.

Subdivision 2 – Enrolment at school under approved

learning program

24. Enrolment at school under approved learning

program

(1) If a youth’s approved learning program requires

the youth to attend a school, section 11 applies,with any necessary modification and adaptation,

to the application to enrol the youth in a school.

(2) A youth may not be enrolled at more than one

school unless –

(a) the youth is of a class that the Ministerialinstructions allows to be enrolled at more

than one school; and

(b) the youth is enrolled in accordance with

the Ministerial instructions.

Subdivision 3 – Attendance of youths at approved learning

programs

25. Attendance at approved learning program

(1) A youth must attend his or her approved learning

program as required by that program unless he or


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she is exempted or excused from attending under

this Division.

(2) A parent of a youth must ensure that the youth

attends an approved learning program as

required by that program unless the youth is

exempted or excused from attending under this

Division or the parent has a reasonable excuse.



offence; and



(3) Without limiting subsection (2), it is a

reasonable excuse for a parent that –

(a) the youth primarily resides with another

parent and the first parent believes, onreasonable grounds, that the other parent

is ensuring that the youth attends his or

her approved learning program as

required by that program; or

(b) in all the circumstances, the parent is not

reasonably able to ensure that the youthso attends his or her approved learning

program.

(4) A provider of the approved learning program of

a youth, other than a principal of a school, must

notify the Secretary of the non-attendance of theyouth at the program unless the youth is


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exempted or excused from attending under this

Division.

Penalty: Fine not exceeding [100] penalty

units.

(5) If a youth is enrolled at a school under his or her

approved learning program and fails to attend as

required by the program, Division 5 applies inrelation to the youth, with any necessarymodification or adaptation.

(6) For the purposes of this section, a youth may

attend an approved learning program by using a

form of electronic communication, within themeaning of the Electronic Transactions Act

2000, if –

(a) that form of electronic communication isallowed by the provider of the program;

and

(b) the provider has approved the youth’s

attendance at the program by using that

form of electronic communication.

26. Part-time attendance at approved learning program

(1) A parent of a youth or a youth may apply, in

writing, to the Secretary to permit the youth to

attend an approved learning program part-time.

(2) The Secretary, at his or her own initiative or on

the application of a parent or a youth, may

permit part-time attendance at an approved


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learning program if satisfied that it is in the best

interests of the youth to attend part-time.


(a) permit part-time attendance at an

approved learning program subject to any

condition; and

(b) impose any further condition or vary orrevoke any condition at any time.

27. Exemption from attendance at approved learning

program without application

(1) A youth is exempted from the requirement toattend an approved learning program if –

(a) the youth is suspended or temporarily

excluded from that program; or

(b) the youth has been expelled from that

program; or

(c) the youth has been, or is of a class of

youths that has been, exempted under

section 20 from the requirement to

participate in an approved learning program; or

(d) the youth attended a program which the

youth’s parent or youth reasonably

believed to be an approved learning

program.


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(2) An exemption under this section ceases to have

effect on the day on which the event on which

the exemption is based ceases to apply.

(3) A youth is not exempted from the requirement to

attend an approved learning program by reason

only of a disability.

28. Youth excused from daily attendance at approved

learning program

(1) A youth is excused from attendance at an

approved learning program if –

(a) the youth –

(i) is sick; or

(ii) has a temporary physical or

mental incapacity; and

(b) that sickness or physical or mental

incapacity is such that it prevents the

youth from attending; and

(c) a parent of the youth or the youth has

notified the provider of the program as

soon as practicable on or after the day theyouth is absent from the approved

learning program but not later than 2

days after that day.

(2) If a youth has failed to attend at an approved

learning program because of sickness or

incapacity for a total of 5 days in any calendaryear, the parent of the youth, or the youth, is to

provide a certificate from a medical practitioner


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to the provider of the program in relation to any

further failure to attend because of sickness or

incapacity if requested to do so by the provider.

(3) For the purposes of subsections (1) and (2), if a

youth has a medical, or other, condition that

results in the youth being susceptible to having a

physical, emotional or mental reaction to an

incident, situation or exposure to disease whichis stronger than the reaction of youths who do

not have the condition –

(a) the youth, by reason of that condition

alone, is taken not to be sick or

incapacitated; but

(b) on the day the youth is absent from

school, is taken to be sick orincapacitated if he or she is experiencing

or recovering from such a reaction.

(4) A provider of an approved learning program

may require a youth not to attend that part of the

program provided by that provider during any

day on which the youth has an infestation or is

suffering from any disease which, on advice

from the Director of Public Health, the Secretary

considers may be infectious, contagious orharmful to the health of other persons attending

at the program.


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Division 4 – Other matters relating to enrolment and

attendance at school or approved learning program

29. Withdrawal of school-aged child from school

enrolment

(1) If a school-aged child is enrolled at a school and

is to be withdrawn from that school, the parentof the child must notify the principal of theschool, in writing, of that withdrawal and –

(a) of the proposed school at which the child

is to be enrolled; or

(b) that the child is to be home educated; or

(c) of any other proposed education of the

child; or

(d) that the child is exempted or excused

under this Part from the requirement to

be enrolled at a school or be providedwith home education.

(2) If the principal of a school (the old principal ) is

notified that a school-aged child is withdrawing

from enrolment at that school and is to be

enrolled at another school, the old principal is tonotify the principal of the other school (the new

principal ), in writing, of the intention of the

parent of the child to enrol him or her at the

other school.

(3) If a new principal receives notice from the old

principal that a school-aged child is to beenrolled at his or her school –


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(a) the new principal may request the

provision of information relating to the

child, including personal and educational

information, from the old principal and

the principal of any other school at which

the child has been enrolled; and

(b) the old principal and the principal of the

other school may provide thatinformation to the new principal.

(4) If a new principal receives notice that a school-

aged child is to be enrolled at his or her school

but the parent of the child fails to enrol the

child –

(a) the new principal is to inform the

Secretary of the responsible Departmentin relation to the Children, Young

Persons and Their Families Act 1997 or

a Community-Based Intake Service,within the meaning of that Act, of that

failure to enrol; and

(b) the information provided under

paragraph (a) is to be taken, for the

purposes of section 14 of the Children,

Young Persons and Their Families Act1997 , to be information of a suspicion

that the child is being abused or

neglected.


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30. Notification of change of circumstances under

approved learning program

(1) If there is any change of a provider of the

approved learning program of a youth, or any

other change that is contrary to the approved

learning program of a youth, the parent of the

youth or, if the youth is living independently

from his or her parents, the youth must notify theSecretary of that change in a form approved by

the Minister.


parent, a fine not exceeding [10]

penalty units.

(2) If the change referred to in subsection (1) is a

withdrawal of enrolment from one school andeither enrolment at a different school or the

commencement of home education, the parent of

the youth or, if the youth is living independentlyfrom his or her parents, the youth must notify the

principal of the school from which the youth is

withdrawing, in writing –

(a) of that withdrawal; and

(b) either –

(i) of the school at which the youth

is to be enrolled; or

(ii) that the youth is to be home

educated.

(3) If the change referred to in subsection (1) is a

withdrawal of enrolment from one school and


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draft tasmanian education bill 2016

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