Education Act 1990 (NSW)
An Act to amend the law relating to the education of school children; to repeal the Education and Public Instruction Act 1987; and for other purposes.
This Act may be cited as the Education Act 1990.
This Act commences on a day or days to be appointed by proclamation.
Different days may be appointed for the commencement of section 133 for the purpose of repealing different provisions of an Act or regulation on different days.
In this Act—
(a) the proprietor of the school and, if the proprietor is a corporation, each director or person concerned in the management of the school, or
(b) a member of the governing body of the school, or
(c) the principal of the school.
The rules of the Authority only have effect if approved by the Minister.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
Notes included in this Act do not form part of this Act.
In enacting this Act, Parliament has had regard to the following principles—
(a) every child has the right to receive an education,
(b) the education of a child is primarily the responsibility of the child’s parents,
(c) it is the duty of the State to ensure that every child receives an education of the highest quality,
(d) the principal responsibility of the State in the education of children is the provision of public education.
The principal objects of this Act are as follows—
(a) to set out aspects of the school curriculum, including the minimum curriculum for school registration and the curriculum for candidates for the Record of School Achievement and the Higher School Certificate,
(b) to provide for the establishment and operation of government schools,
(c) to ensure that only government schools established under this Act or non-government schools registered under this Act operate in New South Wales,
(d) to allow children to be educated at home,
(e) to provide for the grant of Records of School Achievement and Higher School Certificates and for the accreditation of non-government schools that are competent to present candidates for them.
It is the intention of Parliament that every person concerned in the administration of this Act or of education for children of school-age in New South Wales is to have regard (as far as is practicable or appropriate) to the following objects—
(a) assisting each child to achieve his or her educational potential,
(b) promotion of a high standard of education in government schools which is provided free of charge for instruction and without discrimination on the ground of sex, race or religion,
(c) encouraging innovation and diversity within and among schools,
(d) provision of an education for children that gives them access to opportunities for further study, work or training,
(e) mitigating educational disadvantages arising from the child’s gender or from geographic, economic, social, cultural, lingual or other causes,
(f) provision of an education for Aboriginal children that has regard to their special needs,
(g) development of an understanding of Aboriginal history and culture by all children,
(h) provision of an education for children from non-English speaking backgrounds that has regard to their special needs,
(i) recognition of the special problems of rural communities, particularly small and isolated communities,
(j) provision of opportunities to children with special abilities,
(k) provision of special educational assistance to children with disabilities,
(l) development of a teaching staff that is skilled, dedicated and professional,
(m) provision of opportunities for parents to participate in the education of their children,
(m1) provision of opportunities for Aboriginal families, kinship groups, representative organisations and communities to participate in significant decisions under this Act relating to the education of their children,
(n) provision of an education for children that promotes family and community values.
It is the intention of Parliament that the provision of courses of study required by this Act for the Higher School Certificate has the following objects—
(a) to provide a curriculum structure that encourages students to complete secondary education,
(b) to foster the intellectual, social and moral development of students, in particular by developing—
(i) their knowledge, skills, understanding and attitudes in the fields of study they choose, and
(ii) their capacity to manage their own learning, and
(iii) their desire to continue learning in formal or informal settings after school, and
(iv) their capacity to work with others, and
(v) their respect for the cultural diversity of Australian society,
(c) to provide a flexible structure within which students can prepare for—
(i) further education and training, and
(ii) employment, and
(iii) full and active participation as members of the community,
(d) to provide formal assessment and certification of students’ achievements,
(e) to provide a context within which schools also have the opportunity to foster the physical and spiritual development of students.
This section does not limit the operation of any other provision of this Act.
For the purposes of this Act, each of the following is a key learning area for primary education—
— English,
— Mathematics,
— Science and Technology,
— Human Society and its Environment,
— Creative and Practical Arts,
— Personal Development, Health and Physical Education.
The curriculum for primary school children during Kindergarten to Year 6 must meet the following requirements—
(a) courses of study in each of the 6 key learning areas for primary education are to be provided for each child during each Year,
(b) courses of study relating to Australia are to be included in the key learning area of Human Society and its Environment,
(c) courses of study in both Art and Music are to be included in the key learning area of Creative and Practical Arts,
(d) courses of study in a key learning area are to be appropriate for the children concerned having regard to their level of achievement and needs,
(e) courses of study in a key learning area are to be provided in accordance with any relevant guidelines developed by the Authority and approved by the Minister,
(f) courses of study in a key learning area are to be based on, and taught in accordance with, a syllabus developed or endorsed by the Authority and approved by the Minister.
The requirements of this section constitute the minimum curriculum for schools providing primary education.
If requested to do so by the proprietor of a non-government school (or, in the case of a school that is a member of a system of non-government schools, the approved authority for the system), the Authority may approve such modifications to the syllabus referred to in subsection (1) (f) as it considers necessary to enable any part of a course of study in a key learning area that appears to the Authority to be incompatible with the educational philosophy or religious outlook of the school to be based on, and taught compatibly with, that educational philosophy or religious outlook. The part of the course of study at that school is to be based on and taught in accordance with the syllabus as modified.
Any modification approved under subsection (3) must be consistent with the guidelines referred to in subsection (1) (e).
For the purposes of this Act, each of the following is a key learning area for secondary education in Years 7 to 10—
— English,
— Mathematics,
— Science,
— Human Society and its Environment,
— Languages other than English,
— Technological and Applied Studies,
— Creative Arts,
— Personal Development, Health and Physical Education.
The curriculum for secondary school children during Year 7 to Year 10 (other than for candidates for the Record of School Achievement) must meet the following requirements—
(a) courses of study in 6 out of the 8 key learning areas for secondary education are to be provided for each child,
(b) courses of study in the key learning areas of English, Mathematics, Science and Human Society and its Environment are to be provided during each Year, but the courses of study in the other key learning areas need not be provided during each Year,
(c) courses of study in a key learning area are to be appropriate for the children concerned having regard to their level of achievement and needs,
(d) courses of study in a key learning area are to be provided in accordance with any relevant guidelines developed by the Authority and approved by the Minister,
(e) courses of study in a key learning area are to be based on, and taught in accordance with, a syllabus developed or endorsed by the Authority and approved by the Minister.
The requirements of this section constitute the minimum curriculum for schools providing secondary education for children during Year 7 to Year 10 who are not candidates for the Record of School Achievement.
If requested to do so by the proprietor of a non-government school (or, in the case of a school that is a member of a system of non-government schools, the approved authority for the system), the Authority may approve such modifications to the syllabus referred to in subsection (1) (e) as it considers necessary to enable any part of a course of study in a key learning area that appears to the Authority to be incompatible with the educational philosophy or religious outlook of the school to be based on, and taught compatibly with, that educational philosophy or religious outlook. The part of the course of study at that school is to be based on and taught in accordance with the syllabus as modified.
Any modification approved under subsection (3) must be consistent with the guidelines referred to in subsection (1) (d).
The curriculum during Year 7 to Year 10 for students who are candidates for the Record of School Achievement must meet the following requirements—
(a) courses of study in each of the 8 key learning areas for secondary education are to be provided for each student,
(b) courses of study in the key learning areas of English, Mathematics, Science and Human Society and its Environment are to be provided during each Year, but the courses of study in the other key learning areas need not be provided during each Year,
(c) courses of study in a key learning area are to be taught in accordance with a syllabus developed or endorsed by the Authority and approved by the Minister.
(Repealed)
This section does not limit any requirement imposed under section 94 (Record of School Achievement).
The curriculum during Year 11 and Year 12 for students who are candidates for the Higher School Certificate must meet the following requirements—
(a) courses of study of a general description determined by the Minister on the recommendation of the Authority are to be provided for each student in each Year,
(b) those courses of study are to include a course of study in English,
(c) those courses of study are to comply with a pattern of study determined by the Minister on the recommendation of the Authority,
(d) those courses of study are to be taught in accordance with a syllabus developed or endorsed by the Authority and approved by the Minister.
In making a recommendation to the Minister under this section with respect to a course of study to be provided for students, the Authority is, in accordance with criteria specified by the Minister—
(a) to establish the need for the course, and
(b) to provide an assurance of its quality, and
(c) to identify assessment procedures for the course, and
(d) to identify other implications for educational institutions on the implementation of the course.
A pattern of study determined under this section may include (but is not limited to) the number of courses to be studied, the sequence in which particular courses are to be taught and the number of units of study that a course is to contain.
The Minister is to ensure that the courses of study required to be undertaken by students who are candidates for the Higher School Certificate cover a broad range of study and in doing so is to obtain and have regard to the advice of the Authority.
This section does not limit any requirement imposed under section 95 (Higher School Certificate).
The general description of the courses of study for students in Kindergarten to Year 10 which may be chosen in a key learning area in order to comply with this Part and the key learning area to which any such course is allocated are to be determined by the Minister on the recommendation of the Authority.
The Authority may, for the purposes of this Part, develop syllabuses for courses of study or endorse syllabuses developed by schools or other educational bodies.
The Minister may approve particular syllabuses developed by the Authority and may give a general approval for syllabuses endorsed by the Authority.
Any syllabus developed or endorsed by the Authority for a particular course of study is to indicate the aims, objectives and desired outcomes in terms of knowledge and skills that should be acquired by children at various levels of achievement by the end of specified stages in the course, and any practical experience that children should acquire by the end of any such stage.
Any syllabus developed or endorsed by the Authority for a particular course of study may indicate generally the period of time that should be allocated to the teaching of the course, but is not to make a specific period of time mandatory.
This section applies to a recommendation of the Authority relating to—
(a) the school curriculum, or
(b) the nature or content of the recognised certificates, or
(c) the nature of the assessment or examination process leading to the award of the recognised certificates.
If the Minister does not approve any recommendation of the Authority to which this section applies, the Authority may request the Minister (and if so the Minister is required) to make public, as soon as practicable (but within 21 days), the Minister’s decision not to approve the recommendation and the reasons for the decision.
The total activities of children in any Year are not limited to the courses of study required for any minimum or other curriculum under this Part, but additional courses of study and other activities may be provided for the children.
The Minister may determine additional curriculum requirements for children attending government schools.
Any such additional requirement does not constitute part of the minimum curriculum for schools providing primary or secondary education or an additional requirement for being a candidate for the Record of School Achievement or Higher School Certificate.
In this section—
The Authority is to arrange for the conduct of basic skills testing in such government schools and at such times as the Authority may determine.
The Authority may, at the request of a non-government school, arrange for the conduct of basic skills testing in the school.
(Repealed)
In this section—
(a) results of national basic skills testing (including testing under section 18),
(b) results of recognised certificate examinations and related assessments,
(c) results of annual or other periodic assessments of the academic performance of students contained in reports to parents on student achievement.
The regulations may determine whether particular results are or are not results referred to in paragraphs (a)–(c).
School results may, in accordance with a relevant national agreement, be provided by the State to the Commonwealth or to an authority established by the Commonwealth.
School results must not be publicly revealed in a way that ranks or otherwise compares the results of particular schools, except as authorised by or under a relevant national agreement.
A person must not, in a newspaper or other document that is publicly available in this State—
(a) publish any ranking or other comparison of particular schools according to school results, except with the permission of the principals of the schools involved, or
(b) identify a school as being in a percentile of less than 90 per cent in relation to school results, except with the permission of the principal of the school.
Maximum penalty—50 penalty units in the case of an individual and 500 penalty units in any other case.
Nothing in subsection (4) prohibits—
(a) anything authorised to be done by or under a relevant national agreement, or
(b) the publication of the ranking of the schools in the top 10 per cent in relation to the results of Higher School Certificate examinations and related assessments so long as the information used to determine that ranking is information as to the results of students that may be publicly revealed under subsection (6) (c).
School results must not be publicly revealed if the results of an identified student are revealed, except as follows—
(a) to the student or to the student’s parents, or to anyone with the student’s or parent’s consent,
(b) to the principal of a school (including a school in another State or Territory) at which the student is enrolling, is enrolled or was previously enrolled,
(c) in the case of results of recognised certificate examinations and related assessments—by or with the approval of the Authority, by way of the publication of the results of students who the Authority considers have achieved outstanding results.
The functions of the State under this section may be exercised by the Secretary or, if authorised by a relevant national agreement, by a State educational authority that arranges the testing, examinations or assessments concerned.
This section has effect despite any other Act or law or the decision of any tribunal.
The Minister has the following functions—
(a) to exercise the functions in connection with the school curriculum that are conferred or imposed on the Minister under Part 3,
(b) to establish and supervise the operation of government schools under Part 6,
(c) to exercise the functions in connection with registration, and financial assistance to non-government schools, that are conferred or imposed on the Minister under Part 7,
(d) to determine, having regard to the requirements of Part 8 and the advice of the Authority, the general method of assessment of candidates for the recognised certificates (whether by public examination or other form of assessment),
(e) to determine, having regard to the requirements of Part 8 and the advice of the Authority, the nature of the information appearing on the recognised certificates or records of achievement issued by the Authority,
(f) to carry out such educational audits and program reviews as the Minister considers appropriate to assess and improve the quality of education for school children in New South Wales,
(g) any other function conferred or imposed on the Minister under this Act.
The Minister may provide or arrange special or additional assistance for government school children with special needs, such as—
(a) children with disabilities, or
(a1) children with significant learning difficulties, or
(b) children who live in isolated or remote areas, or
(c) children who are from non-English speaking backgrounds, or
(d) Aboriginal children, or
(e) children with special abilities, or
(f) children who are disadvantaged by their socio-economic background.
Any such special or additional assistance may include the provision of financial assistance, facilities, courses of study, staff, staff training or distance education.
Any such financial assistance is to be paid out of money to be provided by Parliament.
For the purposes of subsection (1) (a1), a child has a significant learning difficulty if a qualified teacher or other qualified education professional is of the opinion that the child is not, regardless of the cause, performing in the basic educational areas of reading, writing, spelling and mathematics in accordance with the child’s peer age group and stage of learning.
The Authority is to exercise its functions under this Act in connection with the education of children at both the primary and secondary level.
In particular, the Authority has the following functions under this Act—
(a) to develop or endorse syllabuses and exercise its other functions under Part 3 (The School Curriculum),
(b) to provide advice and make recommendations to the Minister about the registration of non-government schools under Part 7,
(b1) to approve providers to provide courses to overseas students under Part 7A,
(c) to accredit registered non-government schools under Part 8,
(d) to grant the recognised certificates,
(e) to prepare and distribute to schools information relating to the courses of study for candidates for the recognised certificates, and information relating to eligibility to be granted those certificates,
(f) to prepare and make available to schools curriculum support materials,
(g) to develop or endorse syllabuses for courses of study that are appropriate for students (including candidates for the recognised certificates) who wish to continue at or return to school after the normal school-leaving age (including on a part-time basis),
(h) to develop or endorse, in consultation with the TAFE Commission, syllabuses for courses of study that will enable school students to be granted credits by TAFE establishments,
(i) to make such arrangements as may be necessary for the conduct of examinations or other forms of assessment for candidates for the recognised certificates and to regulate the conduct of those examinations or other forms of assessment and the recording of candidates’ achievements in them,
(j) to prepare and distribute to schools information relating to the conduct of examinations and other forms of assessment for candidates for the recognised certificates,
(k) to recognise, for any of the purposes of this Act, educational attainments obtained at educational institutions outside New South Wales,
(l) to provide advice and guidance to schools concerning the policies and practices of the Authority under this Act,
(m) to provide advice and assistance to students, employers and the public concerning the nature and content of courses of study for the recognised certificates (and the assessment and reporting of candidates’ achievements in those courses),
(n) to monitor, by inspection of schools and otherwise, the application of its policies in schools,
(o) to arrange for the development of appropriate curriculum resources and other material to assist in the education of school students with an Aboriginal background,
(p) to develop curriculum resources for use in the teaching of Aboriginal studies (including Aboriginal history and culture),
(q) to promote the provision of education in schools that adequately equips students to acquire a vocation and for their life in the community,
(r) to advise the Minister in relation to the following matters—
(i) any changes to the requirements of Part 3 that the Authority considers appropriate,
(ii) the functions of the Minister under Part 4,
(iii) whether changes should be made in the number or type of recognised certificates,
(iv) the likely impact of any change in the Authority’s policies (particularly in relation to courses of study) on the overall planning, allocation or use of educational resources in New South Wales,
(v) special arrangements for students with special educational needs, including the approval of special courses of study, the modification of requirements for the grant of the recognised certificates and the grant of special records of achievement,
(vi) any matter in relation to which the Minister requests the Authority’s advice.
The Authority, in the exercise of its functions under this Act, is to have regard to the resources available for education in New South Wales schools.
(Renumbered as section 83B)
(Renumbered as section 83B)(Repealed)
For the purposes of this Act, a child is of compulsory school-age if the child is of or above the age of 6 years and below the minimum school leaving age.
The minimum school leaving age is—
(a) the age at which the child completes Year 10 of secondary education (subject to participation required by subsection (3)), or
(b) the age of 17 years,
whichever first occurs.
A child who completes Year 10 of secondary education but who is below the age of 17 years is of compulsory school-age unless the child participates on a full-time basis in—
(a) approved education or training, or
(b) if the child is of or above the age of 15 years—paid work or a combination of approved education or training and paid work.
A child ceasing to be of compulsory school-age because of that participation does not revert to being of compulsory school-age because of a cessation in participation for any reason so long as the interruption in participation does not exceed a total period of 3 months in any 12-month period or such other period approved by the Minister.
The completion of Year 10 of secondary education is—
(a) the completion of Year 10 of secondary education in this State (whether by school education or home schooling), or
(b) the completion of a course provided by the TAFE Commission that is approved by the Minister as the equivalent of Year 10 of secondary education in this State, or
(c) the completion, outside of this State, of the equivalent of Year 10 of secondary education in this State, or
(d) the completion of education in any special circumstances approved by the Minister.
Participation in approved education or training is participation in any of the following—
(a) a higher education course within the meaning of the Higher Education Act 2001,
(b) a VET accredited course within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth,
(c) an apprenticeship or traineeship within the meaning of the Apprenticeship and Traineeship Act 2001,
(d) any other education or training approved by the Minister.
The regulations may prescribe rules and criteria that are to be applied for the purposes of this section in determining—
(a) whether a child has completed Year 10, or
(b) whether a child is participating in paid work, or
(c) whether a child is participating in approved education or training, or
(d) whether such participation is on a full-time basis.
Subject to the regulations, participation on a full-time basis in paid work is participation for an average of 25 hours per week.
It is the duty of the parent of a child of compulsory school-age to cause the child—
(a) to be enrolled at, and to attend, a government school or a registered non-government school, or
(b) to be registered for home schooling under Part 7 and to receive instruction in accordance with the conditions to which the registration is subject.
That duty is satisfied if the child receives instruction of a kind referred to in section 23 (2).
Schooling required by this section is referred to in this Act as
Any relevant institution or other person may provide information to the Department solely for the purpose of assisting the Secretary to ascertain—
(a) the age, identity or whereabouts of a child who is not receiving compulsory schooling or who is not participating in education, training or paid work as an alternative to receiving compulsory schooling, and
(b) the reasons why the child is not receiving that schooling or not so participating.
Information may be provided under this section—
(a) at the request of the Secretary or without any such request, and
(b) anonymously.
The Secretary may include in a request for information such information about a child, or a child’s family, as may assist the relevant institution or other person concerned to provide the information requested.
A relevant institution has a duty to provide information in its possession or control that the Secretary requests under this section.
The authority or duty to provide information under this section—
(a) applies despite the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002, but
(b) is subject to any other Act or law and to client legal privilege.
The provision of information under this section in good faith—
(a) does not give rise to any liability to civil, criminal or disciplinary action, and
(b) is not a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct.
The identity of any person who has provided information under this section is not to be disclosed.
The Secretary may make schooling arrangements with one or more parents of a child that includes a written undertaking by the parent or parents with respect to compulsory schooling for the child (a
The arrangements may be made before, during or after a conference under section 22C concerning the child.
A compulsory schooling undertaking may, with the agreement of the Secretary, be varied or revoked at any time.
A compulsory schooling undertaking is admissible in evidence in any proceedings under this Part.
If a child is not receiving compulsory schooling, a conference of the relevant parties may be directed—
(a) by the Children’s Court during proceedings for a compulsory schooling order, or
(b) by the Secretary at any time before or after any such proceedings.
The principal purpose of a conference is to ensure that the child is provided with compulsory schooling.
A conference is to be conducted by an authorised person appointed by the Children’s Court or the Secretary (as the case requires).
The following persons are entitled to participate in a conference—
(a) in the case of a conference directed by the Children’s Court—the parties to the proceedings and any legal practitioner representing them,
(b) such persons (including the parents of the child and representatives of relevant institutions wishing to participate) as the person conducting the conference considers appropriate,
(c) any other legal practitioner advising a participant in the conference (subject to such conditions or limitations as may be imposed by the person conducting the conference).
A conference may—
(a) seek to identify and resolve issues in dispute in relation to compulsory schooling for the child, and
(b) seek to identify any services whose provision to the child, or to his or her family, would facilitate compulsory schooling for the child, and
(c) formulate undertakings, and orders for consideration by the Children’s Court, with respect to compulsory schooling for the child.
The Children’s Court may include in a compulsory schooling order any undertaking or obligation formulated by a conference under paragraph (c).
Participants in a conference may disclose to each other such information concerning the child, and his or her family, as may reasonably assist in achieving the purpose of the conference.
The authority to disclose information under this section—
(a) applies despite the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002, but
(b) is subject to any other Act or law and to client legal privilege.
None of the following are admissible in evidence in any proceedings before any court or other body (other than care proceedings under Chapter 5 of the Children and Young Persons (Care and Protection) Act 1998)—
(a) any evidence of anything said or of any admission made in a conference,
(b) any document (or copy of a document) prepared in relation to the proceedings of the conference, other than a document containing the terms of an undertaking arising out of the conference.
This subsection does not apply to any such evidence or document if the persons in attendance at, or identified during, the conference and, in the case of a document, all persons specified in the document, consent to its admission in evidence.
The Children’s Court may, on the application of the Secretary, make an order under this section in relation to a child of compulsory school-age who is not receiving compulsory schooling (a
A compulsory schooling order may require a parent of the child to cause the child to receive compulsory schooling in accordance with the order.
A compulsory schooling order may require the child to engage in compulsory schooling in accordance with the order if—
(a) the child is of or above the age of 12 years, and
(b) the Children’s Court is satisfied that the child is living independently of his or her parents or that (because of the child’s disobedience) the parents are not able to cause the child to receive compulsory schooling.
If the child completes Year 10 of secondary education as referred to in section 21B, a compulsory schooling order may determine the participation of the child required by section 21B (3) in education or training or in paid work in order that the child may cease compulsory schooling. That determination does not limit other participation that satisfies the requirements of section 21B (3).
The following applies to proceedings of the Children’s Court under this section—
(a) subject to this section and the regulations, Chapter 6 of the Children and Young Persons (Care and Protection) Act 1998 applies to and in respect of proceedings relating to an application under this section,
(b) the proceedings may relate to any number of children of the same parent,
(c) the Children’s Court may make an interim compulsory schooling order pending the final determination of the proceedings.
The Children’s Court may vary or revoke a compulsory schooling order on the application of the Secretary or of a person subject to the order.
The Children’s Court, when making a compulsory schooling order or when dismissing an application for or revoking such an order—
(a) may accept written undertakings from a parent, and from any other participant in a conference under section 22C, with respect to compulsory schooling for the child, and
(b) may recommend that a relevant institution provide services to the child, or to the child’s family, in order to assist the child to receive compulsory schooling.
A compulsory schooling order (unless sooner revoked by the Children’s Court) ceases to have effect—
(a) at the end of the period specified in the order during which it is to have effect, or
(b) when the child ceases to be of compulsory school-age,
whichever first occurs.
The following applies if a parent or child fails to comply with an obligation under a compulsory schooling order—
(a) in the case of a parent—the maximum penalty for a relevant offence under section 23 (Offence if parent fails to send child to school) is increased to 100 penalty units,
(b) in the case of a child of or above the age of 15 years—the child is guilty of an offence and liable to a penalty not exceeding 1 penalty unit (but without the court proceeding to a conviction), unless the child had a reasonable excuse for not complying with the order,
(c) the Secretary may enrol the child in a government school (in accordance with section 34) if the compulsory schooling order authorises the Secretary to do so.
The Secretary may cause copies of a compulsory schooling order, and any undertaking or recommendation referred to in subsection (7), to be given to such persons as the Secretary considers to have an interest in the welfare of the child.
Section 91 of the Children and Young Persons (Care and Protection) Act 1998 applies to and in respect of an order under this section in the same way as it applies to and in respect of an order under Part 2 of Chapter 5 of that Act.
Section 91 of the Children and Young Persons (Care and Protection) Act 1998 provides a right of appeal from an order of the Children’s Court.
Rules of court may be made under the Children’s Court Act 1987 with respect to the jurisdiction of the Children’s Court under this section.
A compulsory schooling order does not have effect to the extent that it is inconsistent with a direction or an order made in relation to the child—
(a) by the Secretary or the Minister under Division 3 of Part 5A, or
(b) by the Supreme Court in the exercise of its jurisdiction with respect to the custody and guardianship of children.
A parent of a child of compulsory school-age is guilty of an offence if the parent fails to cause the child—
(a) to be enrolled at, and to attend, a government school or a registered non-government school, or
(b) to be registered for home schooling under Part 7.
Maximum penalty—
(a) in the case of a first offence—25 penalty units, or
(b) in the case of a second or subsequent offence—50 penalty units, or
(c) in the case of a parent subject to a compulsory schooling order—100 penalty units.
It is a defence to a prosecution under this section if at the relevant time—
(a) the child was enrolled at, and attended, a school in another State, Territory or country in accordance with the law of that State, Territory or country, or
(b) the child was enrolled at a government or registered non-government school and participating in distance education provided by the school (unless the Secretary or school had previously directed that the child cease distance education because of the failure of the child to perform the required school work), or
(c) the child was participating in an alternative education program approved by the Minister for children unable, for social, cultural or other reasons, to participate effectively in formal school education (unless the Secretary had previously directed that the child resume formal school education because the child was not achieving the education outcomes required of participants in the program), or
(d) the child was participating in a program established by the Minister under section 35 (Discipline in government schools), or
(e) a certificate of exemption was in force under section 25 in respect of the child and any conditions to which the certificate is subject were being complied with, or
(f) the child was attending a school that the parent reasonably believed to be a government school or registered non-government school.
It is also a defence to a prosecution under this section if at the relevant time—
(a1) the child has written permission from the principal of a government school or registered non-government school, and from the director of a TAFE establishment, to enrol in a course referred to in section 21B (5) (b) and is so enrolled, or
(a) the child was prevented from attending school—
(i) because of some medical condition, or
(ii) because of some accident or unforeseen event,
and within 7 days after that condition became apparent, or that accident or event occurred, notice of that fact (together with any medical certificate required by subsection (7)) was given to the school, or
(b) the child had not been absent from school (excluding any absence referred to in paragraph (a)) for more than 3 days during the 3 months during which the school had been open immediately preceding the absence complained of, or
(c) the child was prevented from attending school because of a direction under section 88 of the Public Health Act 2010, or
(d) a certificate was in force under section 26 exempting the child from attending classes at a government school and the absence complained of was authorised by the certificate, or
(e) the child was suspended from a government school, or
(f) the child could not gain admission to any available government or registered non-government school in the State because of the child’s expulsion from a school or otherwise, or
(g) the child’s absence from school was—
(i) because of the child’s disobedience, or
(ii) a consequence of the failure of a person (other than a parent of the child) to honour an undertaking accepted under this Part,
and was not the parent’s fault, or
(h) the child was living independently of his or her parents.
Proceedings for an offence against this section may be commenced only by, or with the written consent of, the Secretary.
Instead of imposing a fine on a person, the court may make a community correction order under section 8 of the Crimes (Sentencing Procedure) Act 1999 that is subject to the standard conditions of a community correction order and to a community service work condition, and may do so as if a reference in that subsection to a sentence of imprisonment were a reference to a fine.
If, in any proceedings for an offence against this section, it is alleged that the child’s absence from school is due to a medical condition, the court may (on the application of the Secretary) order that the child submit to a medical examination by a medical practitioner nominated by the Secretary. In that case—
(a) the costs of the medical examination are to be borne by the Secretary, and
(b) the medical practitioner is not subject to any liability arising only because the medical examination was carried out without the consent of the parent or child.
Notice of a medical condition that prevents a child from attending school is required to be accompanied by a certificate from a medical practitioner that states that the child should not attend school because of the condition briefly described in the certificate if the principal of the school has notified a parent of the child that because of the number or duration of past absences a notice must in future be accompanied by such a certificate.
The principal of a government school or registered non-government school must keep a register, in a form approved by the Minister, of the enrolments and daily attendances of all children at the school.
The register is to contain any notification given (or particulars of any notification given) about the absence of a child from school under section 23 (3) (a).
The register must be available for inspection during school hours by an inspector or by any authorised person, who may require the principal of the school to furnish a copy of the register or any part of it.
When required to do so by the Minister, the principal of a government school or registered non-government school must furnish to the Minister information, within a time and in a form approved by the Minister, concerning the following—
(a) the enrolment and attendance of children at the school during a specified period,
(b) any unsatisfactory school attendance by children of compulsory school-age enrolled at the school.
The particulars of enrolments and daily attendances recorded in a register under this section must be retained for such period as the Minister may determine.
A principal of a government school or registered non-government school who, without reasonable excuse, fails to comply with a requirement imposed by or under this section is guilty of an offence.
Maximum penalty—5 penalty units.
The Minister may grant a certificate exempting a child from the requirement of this Part that the child be enrolled at and attend a government school or registered non-government school or be registered for and receive home schooling, if the Minister is satisfied that conditions exist which make it necessary or desirable that such a certificate should be granted.
A certificate of exemption under this section may be given subject to conditions and may be limited in its operation to a period specified in the certificate.
A certificate of exemption under this section may be limited to exemption from the requirement to attend a school during the times specified or referred to in the certificate.
A certificate of exemption under this section may be cancelled by the Minister.
The parent of a child enrolled at a government school may give the Secretary written notice that the parent conscientiously objects on religious grounds to the child being taught a particular part of a course of study.
The Secretary may accept any such objection and grant a certificate exempting the child from attending classes relating to the part of the course concerned if satisfied that the objection is conscientiously held on religious grounds.
A certificate of exemption under this section may be given subject to conditions.
A certificate of exemption under this section may be cancelled by the Secretary.
In this Part—
(a) in relation to an enrolment direction—the Secretary, or
(b) in relation to a non-attendance direction—the Minister.
(a) a student who is above the age of 18 years, and
(b) a prospective student.
Despite this or any other Act or law, the Minister, the Secretary or a school is not required to disclose information obtained under or in connection with this Part to any student, parent or other person if there are reasonable grounds to believe that to do so would—
(a) endanger a person’s life or physical safety, or
(b) enable the existence or identity of a confidential source of information in relation to the enforcement or administration of a law to be ascertained, or
(c) prejudice the investigation of a contravention (or possible contravention) of a law in any particular case, or
(d) not be in the public interest.
Information may be obtained under this Division solely for the following purposes—
(a) assisting the Minister, the Secretary or schools—
(i) to assess whether the enrolment or attendance of a particular student at a school is likely to constitute a risk (because of the behaviour of the student) to the health or safety of any person (including the student), and
(ii) to develop and maintain strategies to eliminate or minimise any such risk,
(b) assisting the Minister to exercise functions under section 26HA relating to non-attendance directions.
Information about a student obtained under this Division is prohibited from being disclosed under the Government Information (Public Access) Act 2009 except in response to an access application under that Act that is made by—
(a) the student the subject of the information, or
(b) a parent of the student, or
(c) any person nominated in writing by the student or a parent of the student.
Nothing in this Division operates to prevent the provision or disclosure of information as required or permitted by or under any other Act or law (except as provided by subsection (2)).
Information may be obtained in accordance with this Division from any one or more of the following (
(a) schools,
(b) the Department,
(c) a non-government schools authority,
(d) the TAFE Commission and TAFE establishments,
(e) public health organisations within the meaning of the Health Services Act 1997,
(f) the Department of Communities and Justice,
(g)–(h1) (Repealed)
(i) the NSW Police Force,
(j) any other agency prescribed by the regulations.
For the purposes of this Division, memoranda of understanding for the provision of information to—
(a) schools, or
(b) a non-government schools authority, or
(c) the Department,
may be entered into, in accordance with the guidelines, between any one or more relevant agencies.
The Department, a non-government schools authority or a school may request a relevant agency to provide information about a particular student for the purposes referred to in section 26B (1).
The Department, authority or school may provide the relevant agency with such information about the student as may assist the agency to provide the information sought.
A relevant agency has a duty to provide information sought under this section if the agency has the information in its possession or under its control.
Information obtained under this section may be passed on to other schools, the Department or a non-government schools authority (or to any other person or body as permitted by this Act or the guidelines).
Information of the kind referred to in subsection (1) may be provided by one school to another school at which the student concerned enrols—
(a) without the need for any request from the other school, and
(b) regardless of whether the information was obtained under this section or otherwise.
However, this section—
(a) does not authorise or require the provision of information if its disclosure is prohibited by—
(i) section 20G, 20P or 23 of the Health Administration Act 1982, or
(ii) section 29 (1) (f) of the Children and Young Persons (Care and Protection) Act 1998, and
(b) does not require the provision of information if the guidelines authorise the relevant agency to refuse to provide the information.
In making an assessment, and (if necessary) developing a strategy, referred to in section 26B, the Minister, the Secretary or school (as the case may be) must, unless the guidelines otherwise provide—
(a) consult the student concerned and the parents or a parent of the student, and
(b) disclose to the student, parent or parents any relevant information obtained under this Division.
An Act or law that prohibits the disclosure of information does not operate to prevent the provision of information under this Division. This subsection applies unless its operation is expressly excluded by this or some other Act.
Subsection (1) does not apply to a disclosure of information that is prohibited by—
(a) section 20G, 20P or 23 of the Health Administration Act 1982, or
(b) section 29 (1) (f) of the Children and Young Persons (Care and Protection) Act 1998.
If information about a student is provided under this Division in good faith and with reasonable care—
(a) no liability for defamation is incurred because of the provision of the information, and
(b) the provision of the information does not constitute a ground for any other civil proceedings, and
(c) the provision of the information does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct.
This Division has effect despite any entitlement to enrolment at a government school under section 34 (1) or (2).
Nothing in this Division affects the operation of section 34 (4).
The Secretary may direct that a student is not to be enrolled at any government school other than a government school of a kind specified in the direction (an
An enrolment direction may be given only if the Secretary believes on reasonable grounds that the enrolment of the student otherwise than as permitted by the direction would constitute a risk (because of the behaviour of the student) to the health or safety of any person (including the student).
An enrolment direction must specify a school of a kind that is appropriate for the age of the student and that is within a reasonable distance of the student’s home.
A student is not to be enrolled at a government school in contravention of an enrolment direction.
Any facility conducted by the State, or otherwise approved by the Minister, for the purpose of educating students in Kindergarten or any of Years 1–12 is taken to be a government school for the purpose of an enrolment direction and, for that purpose, may be so referred to in the guidelines.
The Minister may, by notice in writing, direct a student not to attend school during a specified period (a
The Minister may give a non-attendance direction to a student only if—
(a) the Minister believes on reasonable grounds that—
(i) there is a significant risk that the student will engage in serious violent conduct, or
(ii) the student supports terrorism or violent extremism, and
(b) the Minister believes on reasonable grounds that issuing the non-attendance direction is necessary to protect the health or safety of the students or staff of any school.
While a non-attendance direction in relation to a student is in force, the Minister—
(a) must assess whether the attendance of the student at school constitutes a risk to the health or safety of any person (including the student), and
(b) must, if appropriate, develop strategies to eliminate or minimise that risk and to enable the student to attend school, and
(c) must, in accordance with the guidelines, develop and implement a plan to support the student while the student is not attending school under the direction.
Information about students may be obtained under Division 2 for the purposes of assisting the Minister in exercising functions under this section.
In subsection (2) (a) (i),
(a) an offence involving—
(i) loss of a person’s life or serious risk of loss of a person’s life, or
(ii) serious physical or psychological injury to a person or serious risk of such injury to a person, or
(iii) serious damage to property in circumstances endangering the safety of any person,
(b) a serious offence of a sexual nature,
(c) an offence involving serious animal cruelty.
At the end of each school year, the Minister is to publish on the Department’s website the number of non-attendance directions given by the Minister during that school year.
Before an enrolment direction or a non-attendance direction is given—
(a) the relevant decision-maker must ensure that the student the subject of the proposed direction, the parents or a parent of the student and any other person identified in the guidelines for the purposes of this section—
(i) is given access to the information that gave rise to the proposed direction, and
(ii) is given written notice of the grounds for the proposed direction, and
(iii) is given an opportunity to make representations (whether oral or written, or both oral and written, as the student, parent or other person chooses) in relation to the information and the proposed direction, and
(b) the relevant decision-maker must take into consideration any representations so made.
However, the guidelines may provide that the access, notice and opportunity required by this section may be withheld, in the circumstances specified in the guidelines, from any person referred to in this section.
Guidelines referred to in subsection (2) must require the access, notice and opportunity concerned to be given to at least one adult person referred to in this section (who may be the student, if the student is an adult).
Without limiting the operation of subsection (2), the Minister is not required to comply with subsection (1) before giving a non-attendance direction to a student for the first time.
The relevant decision-maker is to give written notice of a direction and of the grounds for the direction—
(a) to the student concerned, and
(b) to the parents or a parent of the student (unless the guidelines otherwise provide).
The relevant decision-maker may vary or revoke a direction—
(a) on the application of the student concerned, or
(b) on the application of a parent of the student, or
(c) on the relevant decision-maker’s own initiative.
This section does not entitle a student, or a parent of the student, to make an application to vary or revoke a non-attendance direction given to the student for a period of 5 days or less.
If the Minister, or a person acting under a delegation from the Minister, gives a non-attendance direction to a student for a period of more than 5 days, the student, or a parent of the student, may apply for an internal review of the decision to give the direction.
An application for internal review is to be made in accordance with any requirements specified in the guidelines.
An application for internal review does not operate to stay the decision to which the application relates, unless the Minister otherwise directs.
The review must be conducted by a person (other than the person who made the decision) who is directed to do so by the Minister (the
The reviewer must consider any relevant material submitted by the student or parent.
The reviewer may, on determining an application for internal review, confirm the decision to which the application relates or recommend to the Minister that the non-attendance direction be varied or revoked.
This section does not entitle a student, or a parent of the student, to make an application for internal review under this section if the person is entitled to make an application to the Tribunal under section 107 (1) (i) for an administrative review of a decision to give the student a non-attendance direction.
The Minister may from time to time issue guidelines (not inconsistent with this Act or the regulations) for the purposes of this Part.
The guidelines must make provision with respect to each of the following matters—
(a) the general principles that a person must bear in mind when exercising a function under this Part,
(b) matters that are likely to constitute a risk to the health or safety of any person,
(c) the way in which health and safety risk assessments are to be carried out,
(d) memoranda of understanding between relevant agencies for the purposes of Division 2, including who may enter memoranda of understanding on behalf of relevant agencies,
(e) the kind of information that may, or must (if any), be sought under Division 2,
(f) who may make a request for information under section 26D on behalf of the Department, a non-government schools authority or a school,
(g) who may provide information on behalf of relevant agencies,
(h) the circumstances in which a relevant agency may refuse to provide information requested under Division 2,
(i) the way in which information obtained under Division 2 is to be kept and the length of time that it is to be kept,
(j) additional circumstances (if any) in which the information may be passed on, and to whom it may be passed on,
(k) the circumstances in which the relevant decision-maker or a school is not required to consult the student concerned or the parents or a parent of the student under section 26E,
(l) the procedures (other than those required by section 26I) to be followed before a direction under Division 3 is given, varied or revoked by the relevant decision-maker,
(m) the kinds of government schools that may be specified in an enrolment direction,
(n) the circumstances in which notice of a direction is not required to be given to the parents of the student concerned,
(o) the way in which a direction is to be reviewed following an application for a variation or revocation of it,
(p) applications for internal review under section 26KA of a decision to give a non-attendance direction,
(q) the provision of education and support (such as programs and services) to a student in relation to whom a non-attendance direction is in force,
(r) the requirements (if any) to notify relevant agencies when a non-attendance direction is given to a student.
The guidelines may also make provision with respect to such other matters as the Minister considers appropriate.
The Minister may from time to time amend or revoke the guidelines.
The guidelines, and any instrument amending or revoking the guidelines, must be published in the Gazette.
The guidelines as in force from time to time must be made publicly available in such manner as the Minister thinks appropriate.
For guidelines under this section, see Gazette No 11 of 15.1.2010, p 139.
It is the duty of any person or agency involved in the administration of, or having functions under, this Part to comply with any applicable guidelines.
The Minister may establish a school in any locality if the Minister is satisfied that—
(a) sufficient children will regularly attend the school, and
(b) the school will comply with similar requirements to those required for the registration of non-government schools.
The Minister may name or change the name of a government school.
The Department is to inform the Authority of the establishment or change of name of a government school.
The Authority is to monitor, and provide advice to the Minister and the Secretary on, the compliance by government schools with similar requirements to those that apply to non-government schools under section 47 (the
If the Authority is of the opinion that a government school is not complying with the relevant requirements, the Authority is to notify the Secretary in writing of the non-compliance. Any such notice may recommend the taking of specific action in relation to the school.
The Secretary is, if notified by the Authority that a government school is not complying with the relevant requirements, to advise the Authority of any action taken by the Department in dealing with the non-compliance specified by the Authority in the notice.
In exercising its functions under this section in relation to government schools, the Authority is to be provided by the Department with such assistance as may reasonably be required.
A reference in this section to a government school includes a reference to a group (however described) of government schools or to the whole or any part of the government school system.
The Minister may close a government school, but only in accordance with this section.
The Minister is to announce by 15 June in each year, the schools that the Minister proposes to close. Any such schools are not to be closed until the end of the following year.
Within 21 days of any such announcement, the Minister is to establish a School Closures Review Committee and notify in writing the Principal and President of the legally constituted parents organisation of each school concerned of that decision.
The School Closures Review Committee is to review and make recommendations to the Minister concerning the closure of a school if the majority of the parents of the children attending the school have, within 21 days of an announcement under subsection (2), submitted a request in writing to the Minister that a review of its closure be undertaken.
The School Closures Review Committee is to comprise—
(a) an independent person appointed by the Minister, who is to chair the Committee,
(b) the Secretary or nominee of the Secretary,
(c) a nominee of the Local Government Association of New South Wales,
(d) a nominee of the Federation of Parents’ and Citizens Associations,
(e) a nominee of the Secretary who is, in the opinion of the Secretary, a senior member of staff of the Department,
(f) a nominee of the New South Wales Teachers Federation, and
(g) a nominee of the Minister.
In conducting a review, the Committee—
(a) is to call for submissions and seek expert demographic and educational advice for both the present and future use of the school, and
(b) is to seek out and have regard to the views of teachers, local communities and parents of the children attending the schools whose proposed closure is being reviewed, and
(c) is required to meet with representatives of those teachers, local communities and parents.
In making any recommendations concerning the closure of a school, the Committee is to have regard primarily to the educational needs of the local community concerned and of the State.
The Committee is to report to the Minister by 30 September of the year in which it is established.
If the Minister does not accept any recommendation of the Committee, the Minister is to make public within 21 days the reasons for the decision.
The procedure outlined in this section for the closure of a school does not apply—
(a) in the case of a one-teacher school, or
(b) if the majority of the parents of children attending the school approve of the closure, or
(c) if the Minister is satisfied that there are exceptional or emergency circumstances which require an earlier closure of the school.
The Department is to inform the Authority of the closure of a government school.
The kinds of school that may be established by the Minister include the following—
— infants schools,
— primary schools,
— secondary schools,
— composite schools, in which both primary education and secondary education are offered,
— schools in which education for specific age groups is offered,
— schools for children with disabilities,
— schools with boarding facilities.
Secondary schools that may be established by the Minister include (in addition to comprehensive or other secondary schools) the following—
— senior secondary schools that offer courses of study only for students in Year 11 and Year 12,
— selective secondary schools for children with special abilities,
— specialist secondary schools, such as agricultural or technology high schools,
— separate boys and girls schools.
The Secretary may (subject to section 34) determine the eligibility criteria for the different kinds of schools established by the Minister. Any such determination may, without limiting the generality of this subsection, be made in relation to a particular school that is of a kind referred to in this section.
In government schools, the education is to consist of strictly non-sectarian and secular instruction. The words
The instruction provided in government schools is to be free of charge.
This section does not apply in relation to overseas students.
The Secretary may, by order published in the Gazette, fix the fees to be paid by overseas students, or classes of overseas students, at government schools.
The Secretary is to cause an order under this section to be placed on the Department’s website.
The Secretary may exempt an overseas student, or class of overseas students, from the requirement to pay a fee in accordance with this section, or refund all or any part of such a fee, in such circumstances as the Secretary considers appropriate.
An overseas student is not entitled to receive instruction, or to participate in school activities, at a government school, unless any fee payable by the student under this section has been paid.
The Secretary may terminate the enrolment of an overseas student at a government school if a fee that is required to be paid under this section in relation to the overseas student has not been paid.
Any fee that is due but not paid under this section may be recovered by the Secretary as a debt in a court of competent jurisdiction.
This section has effect despite anything to the contrary in the Anti-Discrimination Act 1977.
In every government school, time is to be allowed for the religious education of children of any religious persuasion, but the total number of hours so allowed in a year is not to exceed, for each child, the number of school weeks in the year.
The religious education to be given to children of any religious persuasion is to be given by a member of the clergy or other religious teacher of that persuasion authorised by the religious body to which the member of the clergy or other religious teacher belongs.
The religious education to be given is in every case to be the religious education authorised by the religious body to which the member of the clergy or other religious teacher belongs.
The times at which religious education is to be given to children of a particular religious persuasion are to be fixed by agreement between the principal of the school and the local member of the clergy or other religious teacher of that persuasion.
Children attending a religious education class are to be separated from other children at the school while the class is held.
If the relevant member of the clergy or other religious teacher fails to attend the school at the appointed time, the children are to be appropriately cared for at the school during the period set aside for religious education.
No child at a government school is to be required to receive any general religious education or special religious education if the parent of the child objects to the child’s receiving that education.
Special education in ethics is allowed as a secular alternative to special religious education at government schools.
If the parent of a child objects to the child receiving special religious education, the child is entitled to receive special education in ethics, but only if—
(a) it is reasonably practicable for special education in ethics to be made available to the child at the government school, and
(b) the parent requests that the child receive special education in ethics.
A government school cannot be directed (by the Minister or otherwise) not to make special education in ethics available at the school.
The parent of a child may enrol the child at any government school if the child is eligible to attend the school and the school can accommodate the child.
A child is, in any case, entitled to be enrolled at the government school that is designated for the intake area within which the child’s home is situated and that the child is eligible to attend.
The Secretary is to designate intake areas, and the government school or schools for each such area, so that all school-age children in the State will be eligible to attend a government school.
The Minister may refuse the admission of a child to all or any government schools if—
(a) the child has been expelled from any government school, or
(b) the Minister is of the opinion that there is other sufficient reason to do so.
A child is not to be refused admission to a government school because of the child’s race or religion.
The following matters may (without limitation) be taken into consideration in determining whether a particular government school can accommodate a child—
(a) the child’s age and sex,
(b) the kind of school established under section 29,
(c) the financial and other resources provided to the school,
(d) the existing number of classrooms and other facilities at the school.
Nothing in this Part prevents the principal of a government school from accepting an application for the enrolment of an adult at that school for the purposes of receiving instruction.
The principal of a government school may, for the purpose of establishing a child’s eligibility to attend or entitlement to be enrolled at the school, require a person seeking to enrol the child at the school to provide proof, to the satisfaction of the principal, of the child’s identity, date of birth and home address.
The requirement may include a requirement to produce any document or to provide a statutory declaration, or both.
The child is not entitled to be enrolled at the school unless and until the requirement is complied with (unless the requirement cannot reasonably be complied with in the circumstances).
The Secretary may terminate the enrolment of a child at a government school who is not entitled to be enrolled at the school if the child was enrolled as a result of false information or a false document provided to the principal.
The Minister may control and regulate student discipline in government schools.
Subsection (1) extends to the conduct of a student that significantly affects, or is likely to significantly affect, the health or safety of students or staff of any school, regardless of whether that conduct occurs on or outside school premises or within or outside school hours.
The Minister may prepare guidelines for the adoption by government schools of fair discipline codes that provide for the control and regulation of student discipline in those schools (except for the suspension or expulsion of students).
The guidelines and codes must not permit corporal punishment of students attending government schools.
The guidelines and codes may permit other reasonable forms of punishment or correction of those students, including requiring students to perform any reasonable work or service for the school.
The Minister may, on the recommendation of the Secretary, expel a child of any age from a government school. The Secretary may suspend any child from a government school.
The Minister may establish programs to assist any child who has a history of non-attendance at a government school or who has been expelled from a government school to adjust more successfully to school life or to improve his or her behaviour so as to be able to return to school.
The Secretary may, with the consent of the child’s parent, arrange for a child who has been expelled from a government school to be admitted to and attend another government school (unless the child is refused admission under section 34 (4)) or to participate in a program referred to in subsection (4).
The regulations may provide for the establishment of school councils at government schools.
A school council is to be constituted in such manner, and has such functions, as are prescribed by the regulations.
(a) a child was not enrolled as a student at a government school or registered non-government school, and
(b) the child was not registered for home schooling,
is admissible in evidence and is prima facie evidence that the child was not so enrolled or registered.
In any proceedings under this Act for an offence against section 23 (1), a certificate purporting to be signed by the Secretary or by an officer prescribed by the regulations stating, to the best of the belief of the Secretary or officer, on any day specified in the certificate—
(a) whether or not a child has completed Year 10 of secondary education in this State, or
(b) whether or not specified education completed outside of the State is the equivalent of Year 10 of secondary education in this State,
is admissible in evidence and is prima facie evidence of the matters stated in the certificate.
In any proceedings under this Act, a certificate purporting to be authenticated by the Authority, or to be signed by an officer prescribed by the regulations, stating any of the following matters is admissible in evidence and is prima facie evidence of the matters stated in the certificate—
(a) that a person or body was or was not, on a day or during a period specified, an approved provider (within the meaning of Part 7A),
(b) that a person or body, as such a provider, was or was not approved to provide courses generally, a specified class of courses or a specified course.
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
A person who is guilty of an offence because the person contravenes a requirement by or under this Act or the regulations (whether the requirement is imposed by a notice or otherwise) to do or cease to do something (whether or not within a specified period or before a particular time)—
(a) continues, until the requirement is complied with and despite the fact that any specified period has expired or time has passed, to be liable to comply with the requirement, and
(b) is guilty of an offence for each day the contravention continues.
This section does not apply to an offence if the relevant provision of this Act or the regulations does not provide for a penalty for a continuing offence.
This section does not apply to the extent that a requirement of a notice is revoked.
The Minister may, for the purposes of this Act or jointly for those purposes and purposes of or associated with public education or recreation, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
The Minister may acquire, by gift made during a person’s lifetime or by devise or bequest in the will or other testamentary disposition of any person, any property for use for purposes for which land may be acquired under subsection (1).
The Minister may agree to a condition of any such gift, devise or bequest, and the rule of law against remoteness of vesting does not apply to any such condition.
The Minister may expend money on the improvement of any land acquired under this Act or, for the purposes of this Act, on any other land, even though the improvement or the land may not be used solely for public education.
The Minister may—
(a) for any of the purposes for which land may be acquired under this section, grant a lease or licence of any land so acquired, and
(b) in the case of land that is no longer required for the purpose for which it was acquired, grant a lease or licence of the land or sell or exchange the land, and
(c) grant easements and rights of way in respect of land acquired under this section.
The Minister may make commercial use of land acquired under this section if that use is associated with a purpose for which land may be so acquired.
Land—
(a) acquired under or for the purposes of the Public Instruction Act 1880 or the Education and Public Instruction Act 1987, or
(b) acquired under any other Act for those purposes, or
(c) held by the Crown in trust under the Public Instruction Act 1880,
is to be taken to have been acquired under this section.
(Repealed)
Nothing in Part 2 (Objects of Act) gives rise to, or can be taken into account in, any civil cause of action.
In addition to any sum which may be specially appropriated by Parliament for a similar purpose, any person may collect, raise or give a sum of money for or towards founding, in connection with any government school, a scholarship at any university, college, government school or other institution, and land or money may for that purpose be devised or bequeathed.
Such a scholarship is to be open to any student enrolled at the school, and if any school in respect of which a scholarship is founded is discontinued, the Minister may direct that the scholarship is to attach to some other school.
If a school has no principal—
(a) any notice required or permitted to be given by or under this Act to the principal of the school, if given to any of the teachers at the school, is to be taken to have been given to every teacher at the school, and
(b) an obligation imposed by or under this Act on the principal is to be taken to be an obligation imposed on every teacher at the school, but which may be discharged by any one of them on behalf of them all.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.
(Repealed)
The following Acts and instruments are repealed—
(a) the Education and Public Instruction Act 1987,
(b) the Miscellaneous Acts (Education and Public Instruction) Repeal and Amendment Act 1987,
(c) the Education and Public Instruction Regulation 1987 and any other regulation made under an Act repealed by this section.
Schedule 3 has effect.
The Minister is to review this Act to determine whether the policy objectives of Part 5 remain valid and whether the terms of that Part remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 2 years from the commencement of the Education Amendment (School Attendance) Act 2009.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.
(Repealed)
(Section 134)
In this Schedule—
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• Education Reform Act 1990
• Education Reform Amendment (School Discipline) Act 1995
• Education Reform Amendment Act 1997
• Education Reform Amendment (Board Inspectors) Act 1997
• Education Amendment (Special Courses of Study) Act 1999
• Education Amendment (Non-Government Schools Registration) Act 2004
• Education Amendment (Financial Assistance to Non-Government Schools) Act 2006
• Education Legislation Amendment Act 2006
• Education Amendment Act 2008
• Education Amendment Act 2009
• Education Amendment (Publication of School Results) Act 2009
• Education Amendment (School Attendance) Act 2009
• Education Amendment (Record of School Achievement) Act 2012
• any other Act that amends this Act
Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or
(b) to impose a liability on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.
The Board of Secondary Education constituted under the former Act is dissolved.
A person who, immediately before the dissolution of that Board, held office as a member of that Board—
(a) ceases to hold that office, and
(b) is not entitled to any remuneration or compensation because of the loss of that office, and
(c) is eligible (if otherwise qualified) to be appointed as a member of the Board of Studies constituted under this Act.
The assets, rights, liabilities and obligations of the Board of Secondary Education become, on its dissolution, the assets, rights, liabilities and obligations of the Board of Studies constituted under this Act.
A parents and citizens association or kindred association established (or deemed to be established) under the former Act, or a district council so established, that was in existence immediately before the repeal of the former Act, is to be taken to be a parents and citizens association or kindred association, or a district council, constituted under this Act.
Rules made by any such association or council and in force immediately before the repeal of the former Act continue in force and are to be taken to have been made under this Act.
In any other Act, in any instrument made under any Act or in a document of any kind—
(a) a reference to a public school or State school is to be read as a reference to a government school under this Act, and
(b) a reference to a certified school under the Public Instruction (Amendment) Act 1916 or a school registered under the Bursary Endowment Act 1912 or a school registered under the former Act is to be read as a reference to a registered non-government school under this Act, and
(c) a reference to the Secondary Schools Board or the Board of Senior School Studies or the Board of Secondary Education is to be read as a reference to the Board of Studies under this Act, and
(d) a reference to the school leaving age is to be read as a reference to the age of 15 years.
A certificate of exemption under section 6 of the former Act and in force on the repeal of that Act is to be taken to be a certificate of exemption under section 25 of this Act.
The repeal of section 45A of the Education and Public Instruction Act 1987 does not affect the vesting of land under that section.
The amendment made to section 47 of this Act by the Education Reform Amendment (School Discipline) Act 1995 extends to any school registered before the commencement of that amendment.
Regulations made under section 18 and in force immediately before its amendment by the Education Reform Amendment Act 1997 are taken to have been made under section 18A.
The amendment made by Schedule 2 [6] to the Education Reform Amendment Act 1997 does not affect the term of office being served by a person holding office as a member of the Board immediately before the commencement of that amendment.
A person holding office as President immediately before the commencement of this clause is taken to have been appointed under section 101 as President on a full-time basis for the balance of the term for which he or she was originally appointed as President.
A document issued by the Board as a School Certificate before the commencement of this clause is taken to be a School Certificate validly granted at the time of issue and to be valid on and from the time of issue if the Board was satisfied at the time of issue as to the matters referred to in section 95A (1) (a), (b) and (c).
Subclause (1) does not affect any School Certificate validly granted by the Board before the commencement of this clause.
Sections 8, 10 and 47, as in force immediately before the commencement of Schedule 1 [4], [5], [6], [7] and [9] to the Education Amendment (Non-Government Schools Registration) Act 2004, continue to apply to and in respect of a non-government school that was a registered non-government school at that commencement for a period of 1 year after the commencement, or for the balance of its current registration (whichever is the shorter).
An amendment made by Schedule 1 [12], [16], [22] or [23] to the Education Amendment (Non-Government Schools Registration) Act 2004 does not apply to or in respect of a certificate of registration or accreditation in force immediately before the commencement of the amendment.
Section 21A, as inserted by the Education Amendment (Financial Assistance to Non-Government Schools) Act 2006, applies—
(a) in relation to any school that, immediately before the commencement of that section, was a registered non-government school—as from 1 January 2007, and
(b) in relation to any school that is registered as a non-government school after the commencement of that section—as from the date on which it is registered.
The imposition by the Director-General of any fee or other charge that has been paid for or in relation to instruction provided in a government school to an overseas student before the commencement of section 31A (as inserted by the Education Amendment Act 2008) is taken to have been lawfully imposed for all purposes.
A district council for an area established and in existence immediately before the amendment of section 115 of this Act by the Education Amendment Act 2008 is taken to be a district council for that area established in accordance with section 115 as amended by that Act.
The amendments made by the Education Amendment Act 2009 do not apply to a child who attained the age of 15 years before 1 January 2010, unless—
(a) the child completed Year 10 of secondary education (as referred to in section 21B) during the 2009 school year, or
(b) the child was enrolled at a government or registered non-government school at the end of the 2009 school year or was registered for home schooling at the end of 2009.
The regulations may make provision for the purpose of determining whether a child was enrolled at a school at the end of the 2009 school year.
In this Part—
This Part has effect despite any other Act or law or the decision of any tribunal.
Section 18A (as substituted by the amending Act) extends to school results for testing, examinations and assessments held before the commencement of the amending Act.
Until the repeal of the Freedom of Information Act 1989, clause 12 of Schedule 1 to that Act applies to a breach of the confidentiality provisions of section 18A of this Act in the same way as it applies to an offence against an Act.
On and from the commencement of the amending Act, clauses 13.2, 13.3 and 36.1.2 of the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2009 cease to have effect.
The amendments made by the Education Amendment (Record of School Achievement) Act 2012 do not apply in relation to Year 11 or Year 12 students in 2012 or Year 12 students in 2013.
The amendments made to Division 1 of Part 8 of this Act by the Education Amendment (Record of School Achievement) Act 2012 do not affect any accreditation in force immediately before the commencement of those amendments. Any such accreditation for the purposes of presenting candidates for the School Certificate is taken to be an accreditation for the purposes of presenting candidates for the Record of School Achievement.
The amendment made to section 11 of this Act by the Education Amendment (Record of School Achievement) Act 2012 does not affect the curriculum during Year 7 to Year 10 for students who are candidates for the School Certificate that is in force immediately before the commencement of that amendment. Any such curriculum is (until duly changed) the curriculum during Year 7 to Year 10 for students who are candidates for the Record of School Achievement.
In this Part—
Any application made under the repealed Regulation, but not finally determined, immediately before the repeal of that Regulation is taken to have been made under Part 7A of this Act.
Any approval in force under the repealed Regulation immediately before the repeal of that Regulation is taken to have been granted under Part 7A of this Act.
The amendments made to section 47 by Schedule 3 to the Board of Studies, Teaching and Educational Standards Act 2013 extend to an application under Division 3 or 4 of Part 7 of this Act that was made (but not determined) before the commencement of those amendments.
In this Part—
For the purposes of this Act, the determination of whether a non-government school operated for profit during any period before the commencement of the amending Act, and during the period of 3 months after that commencement, is to be determined in accordance with section 21A, as in force immediately before the repeal of that section by the amending Act.
An investigation may be carried out by the Minister under section 83H (as inserted by the amending Act) in relation to a period (and any conduct occurring in a period) before the commencement of the amending Act.
A direction may be given by the Minister under section 83I in relation to a period (and any conduct occurring in a period) before the commencement of the amending Act.
The Minister may recover under section 83J an amount of financial assistance paid to or for the benefit of a non-government school before the commencement of the amending Act.
On the commencement of the amending Act, a for profit declaration is taken to have been made under section 83D (as inserted by the amending Act) that the Malek Fahd Islamic School at 405 Waterloo Road, Greenacre, operated for profit from 1 January 2010 until 31 July 2012.
The Minister may revoke any such declaration in the same way that the Minister may revoke a for profit declaration under section 83D.
In this Part—
(a) any assets vested (whether absolutely or contingently) in, or otherwise held by, the West Scholarships Trustees on behalf of the Trust immediately before the dissolution day, and
(b) any assets purportedly vested (whether absolutely or contingently), or otherwise held, in the name of the Trust instead of the West Scholarships Trustees immediately before the dissolution day.
The Trust is dissolved on the repeal of the West Scholarships Act 1930 by the Regulatory Reform and Other Legislative Repeals Act 2015.
On the dissolution day, any trust assets, trust rights and trust liabilities are transferred to the Crown.
On and from the dissolution day, the following provisions have effect in relation to the transfer of trust assets, trust rights and trust liabilities to the Crown—
(a) the transferred assets vest in the Crown by virtue of this clause—
(i) without the need for any further conveyance, transfer, assignment or assurance, and
(ii) free of any equitable estates, interests, rights or obligations that attached to the assets immediately before the dissolution day by reason of the Trust,
(b) the transferred rights and liabilities become, by virtue of this clause, the rights and liabilities of the Crown,
(c) all proceedings relating to the transferred assets, rights or liabilities commenced before the dissolution day by or against the West Scholarships Trustees or any predecessors of those trustees pending immediately before the dissolution day are taken to be proceedings pending by or against the Crown,
(d) any act, matter or thing done or omitted to be done in relation to the transferred assets, rights or liabilities before the dissolution day by, to or in respect of the Trust is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Crown,
(e) the Crown has all the entitlements and obligations of the Trust and West Scholarships Trustees in relation to the transferred assets, rights and liabilities that the Trust or West Scholarships Trustees would have had but for the dissolution of the Trust, whether or not those entitlements and obligations were actual or potential at the time the dissolution took effect.
Any money transferred to the Crown by the operation of this clause is not required to be paid into the Consolidated Fund and may be—
(a) held in any account operated by the West Scholarships Trustees immediately before the dissolution day, or
(b) paid into another account operated by the Minister.
The Minister may arrange for any money transferred to the Crown by the operation of this clause to be provided to schools or bodies that the Minister is satisfied will apply the money for the purpose of awards, on the basis of academic achievement, to final year primary school students.
A person who, immediately before the dissolution of the Trust, held office as a trustee for the purposes of the West Scholarships Act 1930 ceases to hold that office on the dissolution day.
Subject to the regulations, a reference in any other Act or instrument made under any other Act or in any instrument of any kind to the Trust or the West Scholarships Trustees is (to the extent that it relates to the assets, rights and liabilities transferred to the Crown) to be read on and from the dissolution day as being a reference to the Crown.
No compensation is payable to any person or body in connection with the transfer of any asset, right or liability, or the loss of any office, by operation of this clause.
The operation of this clause is not to be regarded as—
(a) a breach of contract, trust or confidence or otherwise as a civil wrong, or
(b) a breach of any contract or other instrument (including, without limitation, any provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities), or
(c) an event of default under any contract or other instrument, or
(d) giving rise to any remedy by a party to a contract or other instrument, or as causing or permitting the termination of, or exercise of rights under, any contract or other instrument.
The amendments made to Subdivisions 2 and 3 of Division 2 of Part 7 of this Act by Schedule 2 to the Education and Teaching Legislation Amendment Act 2016 extend to an application under those Subdivisions that was made (but not determined) before the commencement of those amendments.
Section 53A, as inserted by Schedule 2 to the Education and Teaching Legislation Amendment Act 2016, extends to any non-government school registered before the commencement of that section.
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