Education Act 2004 (ACT)
Education Act 2004
A2004-17
Republication No 37
Effective: 16 April 2025
Republication date: 16 April 2025
Last amendment made by A2025‑10
About this republication
The republished law
This is a republication of the Education Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 April 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 April 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Education Act 2004
Contents
Page
Chapter 1 General
Part 1.1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Meaning of parent 3
Part 1.2 General principles and objects
7 General principles of Act 4
8 Main objects of Act 6
Chapter 1AEarly childhood education
8A Eligible children may attend government-funded preschool programs 9
8B Procedures to encourage attendance at preschool programs delivered by government schools 10
Chapter 2 Compulsory education
Part 2.1 Preliminary—ch 2
9 Meaning of compulsory education age 11
9A Meaning of education course and education provider 11
9B Meaning of completes year 10 12
9C Meaning of completes year 12 13
9D Guidelines—certain director‑general functions 14
Part 2.2 Compulsory education requirements
Division 2.2.1 Enrolment, registration and attendance requirements
10 Child of compulsory education age—enrolment and registration requirement 15
10AAA Child of compulsory education age—when enrolment starts 17
10A Child of compulsory education age—school attendance requirement 17
10AA Student movement register 18
10AB Student movement register—procedures 20
10AC Student movement register—parental notice 20
Division 2.2.2 Participation requirement
10B Meaning of participates in education course—div 2.2.2 21
10C Meaning of full-time participation in education course—div 2.2.2 21
10D Child of compulsory education age—participation requirement 22
11 Participation requirement—absence 23
11A Participation requirement—suspension 23
11B Participation requirement—exclusion 24
Part 2.3 Exemption certificates
11G Meaning of full-time participation requirement—pt 2.3 25
11H Exemption certificate—application 25
12 Exemption certificate—requirement for further information 26
12A Exemption certificate—issue 26
12B Exemption certificate—form 27
12C Exemption certificate—conditions 27
12D Exemption certificate—duration 27
13 Exemption certificate—revocation 28
Part 2.4 After year 10—training and employment alternatives
Division 2.4.1 Definitions—pt 2.4
13A Meaning of training alternative and training alternative provider—Act 29
13B Meaning of employment alternative—Act 30
13C Meaning of full-time participation in training or employment alternative—pt 2.4 30
Division 2.4.2 Approval to participate in training and employment alternatives
13D Approval statement—application 31
14 Approval statement—requirement for further information 31
14A Approval statement—issue 32
14B Approval statement—form 33
14C Approval statement—conditions 33
14D Approval statement—compliance requirement 34
15 Approval statement—duration 34
15A Approval statement—revocation 35
15B Return to education while approval statement in force 35
Division 2.4.3 Training and employment alternatives—deemed participation
15C Training and employment alternatives—absence 35
15D Training alternative—suspension 36
16 Training alternative—exclusion 36
16A Employment alternative—termination 36
Part 2.4A Information notices
16AA Giving information notice 38
16AB Contents of information notice 38
16AC Extension of time for compliance with information notice 39
16AD Revocation of information notice on compliance 39
Part 2.5 Compliance notices
16B Giving compliance notice 40
16C Contents of compliance notice 40
16D Extension of time for compliance with compliance notice 41
17 Revocation of compliance notice on compliance 41
Part 2.6 Offences—parents
17A Contravention of information and compliance notices 42
Chapter 2ASuspension, transfer, expulsion and exclusion of students
Part 2A.1 Suspension, transfer, expulsion and exclusion—generally
17B Meaning of unsafe or noncompliant behaviour—ch 2A 43
17C Definitions—ch 2A 43
17D Exhausting all reasonable alternatives 44
17E Communicating with students and parents 45
17F Notification not required in certain circumstances 45
Part 2A.2 Suspension
17G Suspension to ensure safe and effective learning environment 47
17H Suspension 47
17I Suspension—notice 48
17J Suspension—length 48
17K Suspension—government and Catholic system schools—principal’s recommendation 49
17L Suspension—involving student and parents 50
17M Suspension—student’s education and counselling 52
17N Suspension—review of student’s circumstances 52
17O Suspension—government and Catholic system schools—delegation 52
Part 2A.3 Transfers between government schools
17P Transfer 54
17Q Transfer—notice 55
17R Transfer—principal’s recommendation 55
17S Transfer—involving student and parents 56
17T Transfer—counselling 57
Part 2A.4 Expulsion from Catholic system schools and independent schools
17U Expulsion 58
17V Expulsion—notice 59
17W Expulsion—Catholic system schools—principal’s recommendation 59
17X Expulsion—involving student and parents 60
17Y Expulsion—counselling 61
Part 2A.5 Excluding a student from a system of schools
Division 2A.5.1 Exclusion—government schools
17Z Application—div 2A.5.1 62
17ZA Exclusion—government schools 62
17ZB Exclusion—government schools—notice 63
17ZC Exclusion—government schools—principal’s recommendation 63
17ZD Exclusion—government schools—involving student and parents 64
17ZE Exclusion—government schools—ongoing education and counselling 65
Division 2A.5.2 Exclusion—Catholic system schools
17ZF Exclusion—Catholic system schools 65
17ZG Exclusion—Catholic system schools—notice 66
17ZH Exclusion—Catholic system schools—principal’s recommendation 67
17ZI Exclusion—Catholic system schools—involving student and parents 68
17ZJ Exclusion—Catholic system schools—counselling 68
Chapter 3 Government schools
Part 3.1 General
18 Principles on which ch 3 based 69
Part 3.2 Establishment and operation of government schools
20 Establishing government schools etc 71
20A Independent committee 74
20B Impacts of closing or amalgamating government schools 75
21 Operation of government schools 77
21A Priority enrolment areas 78
22 Investigation of complaints—government schools 79
23 Review of government school system 79
24 Review of operation of government schools 79
25 Reporting to parents—government schools 80
26 Education to be free 80
27 Voluntary financial contributions 81
28 Secular education 81
29 Religious education 82
30 Curriculum 82
31 Approved educational courses for students at government schools 82
Part 3.3 Attendance at government schools
32 Keeping of register of enrolments and attendances for government schools 84
33 Keeping records of enrolment and attendances for government schools 84
34 Inspection of register of enrolment and attendances for government schools 85
35 Procedures to encourage school attendance at government schools 86
Part 3.4 School boards of government schools
Division 3.4.1 Interpretation
37 Definitions for pt 3.4 87
Division 3.4.2 Establishment and membership
38 Establishment of school boards 88
39 Functions of school boards etc 88
40 Declaration of parents and citizens associations in certain circumstances 89
41 Composition of school boards generally 90
42 Composition of school boards of small schools 92
43 Composition of school boards of school-related institutions and other schools in special circumstances 93
44 Ending of appointment of members of school board 95
45 Chairperson and deputy chairperson of school boards 96
46 School boards to take part in selection of school principals 96
Division 3.4.3 Proceedings of school boards
47 Time and place of meetings of school boards 97
48 Procedures governing proceedings of school boards 97
49 Disclosure of interests by members of school boards 99
49A Protection of members of school boards 100
Division 3.4.4 Financial matters
50 School boards to approve budgets 100
51 Application of money of school 100
52 School boards to approve financial statement and report 101
53 School boards to make available summaries of budget and annual report 101
Part 3.6 Other provisions
Division 3.6.1 Authorised persons (government)
67 Appointment of authorised persons (government) 103
68 Identity cards for authorised persons (government) 104
Division 3.6.2 Inspection powers for government schools
69 Power not to be exercised before identity card shown etc 104
70 Entry to government schools 105
71 Powers on entry 105
Chapter 4 Non‑government schools
Part 4.1 Non‑government schools—principles
72 Principles—ch 4 106
Part 4.2 Non‑government schools—administration
Division 4.2.1 Registrar of non‑government schools
73 Registrar—appointment 107
74 Registrar—functions 107
Division 4.2.2 Registration standards advisory board
75 Registration standards advisory board—establishment 107
76 Registration standards advisory board—functions 108
77 Registration standards advisory board—advice to Minister 108
78 Registration standards advisory board—membership 108
79 Registration standards advisory board—term of appointment 110
80 Registration standards advisory board—ending appointment 110
81 Registration standards advisory board—facilities etc 111
82 Registration standards advisory board—conduct of meetings 111
83 Registration standards advisory board—disclosure of interests 111
Part 4.3 Non‑government schools—registration
Division 4.3.1 Non‑government schools registration standards
84 Non‑government schools registration standards 113
85 Registration standards guidelines 113
Division 4.3.2 In‑principle approval for registration
86 In‑principle approval—application 114
87 In‑principle approval—further information 115
88 In‑principle approval—decision on application 115
Division 4.3.3 Registration
89 Registration—application 117
90 Registration—further information 118
91 Registration—referral to registration standards advisory board 118
92 Registration—decision on application 119
93 Registration—conditions 119
94 Registration—duration 120
95 Registration—register and registration certificate 120
Division 4.3.4 Amending registration
96 Proprietor must tell registrar about notifiable changes 121
97 Proprietor must apply for registrable changes 122
98 Registration amendment—application 123
99 Registration amendment—further information 125
100 Registration amendment—referral to registration standards advisory board 125
101 Registration amendment—decision on application 126
102 Registration amendment—conditions 127
103 Urgent temporary change 127
Division 4.3.5 Registration offences
104 Offence—operate unregistered non‑government school 128
104A Provide distance education without being registered school 128
105 Offence—operate registered school other than within scope of registration 129
Division 4.3.6 Register of non‑government schools
106 Register of registered non‑government schools 129
107 Proprietor must update details 130
Part 4.4 Non‑government schools—registration reviews
Division 4.4.1 Reasons to carry out registration review
108 Meaning of registration review—ch 4 132
109 Annual registration review program 132
110 Registration review after concern raised 133
111 Registrar to report concerns to registration standards advisory board 133
Division 4.4.2 Reasons to not carry out registration review
112 Concern raised is frivolous etc 134
113 Concern withdrawn 134
114 Referral to school 135
115 Referral to another entity 135
Division 4.4.3 Carrying out registration review
116 Registration review procedure 136
117 Registration review guidelines 137
118 Request for further information or verification 137
119 Registrar’s action on completing registration review 138
Division 4.4.4 Compliance directions
120 Compliance directions 139
Division 4.4.5 Regulatory action
121 Meaning of regulatory action—ch 4 139
122 Grounds for taking regulatory action 140
123 Registrar—referral to registration standards advisory board 140
124 Notification of proposed regulatory action 140
125 Minister—referral to registration standards advisory board 141
125A Taking regulatory action 141
125B When cancellation takes effect 143
125C Not taking regulatory action 143
Part 4.5 Non‑government schools—approved educational courses and registers of enrolments and attendances
125D Approved educational courses—registered schools 144
125E Meaning of register of enrolments and attendances—pt 4.5 145
125F Keeping register of enrolments and attendances—registered schools 145
125G Producing registers of enrolments and attendances—registered schools 146
125H Keeping registers of enrolments and attendances—approved educational courses (non‑government) 146
125I Producing registers of enrolments and attendances—approved educational courses (non‑government) 147
Part 4.6 Non‑government schools—authorised people
Division 4.6.1 Preliminary
125K Definitions—pt 4.6 148
Division 4.6.2 Authorised people (non‑government)—generally
125L Meaning of authorised person (non‑government) 149
125M Appointment 149
125N Authorised people (non‑government)—functions 150
125O Identity cards 150
125P Authorised person (non‑government) must show identity card on exercising power of entry 151
Division 4.6.3 Powers
125Q Entry to premises 151
125R Production of identity card 153
125S Consent to entry 153
125T General powers on entry to premises 154
125U Power to obtain information 155
125V Abrogation of privilege against self‑incrimination 156
125W Warning to be given 156
Chapter 4ASchool education advisory committee
126 Establishment of advisory committee 157
127 Appointment of chair and members 157
127A Reimbursement of member’s expenses 157
127B Advisory committee—terms of reference and procedures 158
Chapter 4BDistance education
127BA Meaning of distance education 159
127BB Provision of distance education 159
127BC Distance education policy 160
127BD Distance education determination 160
127BE Eligibility for distance education 160
Chapter 5 Home education
Part 5.1 General
127C Definitions—ch 5 162
128 Principles on which ch 5 based 162
Part 5.2 Registration—home education
131 Registration for home education 164
132 Conditions of registration for home education 165
133 Registration of child 166
134 Period of registration 166
135 Cancellation of registration for home education 166
136 Certificate of registration for home education 167
137 Renewal of registration for home education 168
138 Home education reports 168
139 Home education register 169
Chapter 6 Miscellaneous
Part 6.1 Notification and review of decisions
140 Definitions—pt 6.1 170
141 Internal review notices 171
142 Applications for internal review 171
143 Applications not stay reviewable decisions 172
144 Internal review 172
145 Reviewable decision notices 172
145A Applications to ACAT 173
Part 6.1A Information sharing
145B Meaning of young person—pt 6.1A 174
145C Director-general may give certain information to other States 174
145D Director-general may ask for certain information from other States 176
145E Consent not required in certain circumstances 177
Part 6.2 Other provisions
147 Offences on school premises 179
148 Obligations on parents 179
149 Notification of parents 180
150 Minister may grant scholarships etc 180
151 Gifts and donations 180
152 Education trust fund 181
153A Evidence—certificate signed by principal etc 182
154 Approved forms 183
155 Regulation-making power 183
Chapter 11 Transitional—Education Amendment Act 2024
314 Definitions—ch 11 185
315 Distance education provided by school outside ACT 185
316 Transitional regulations 186
317 Expiry—ch 11 187
Schedule 1 Reviewable decisions 188
Dictionary191
Endnotes
1 About the endnotes 202
2 Abbreviation key 202
3 Legislation history 203
4 Amendment history 208
5 Earlier republications 240
6 Expired transitional or validating provisions 243
Education Act 2004
An Act about the education of children in the ACT, and for other purposes
Chapter 1General
Part 1.1Preliminary
Name of Act
This Act is the Education Act 2004.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘permanent resident—see the Australian Citizenship Act 2007 (Cwlth), section 5.’ means that the term ‘permanent resident’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Meaning of parent
(1)For this Act, parent, of a child—
(a)means a person with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2; and
(b)includes an out-of-home carer for the child.
(2)In this section:
out-of-home carer, for a child—see the Children and Young People Act 2008, section 508.
Part 1.2General principles and objects
General principles of Act
(1)Everyone involved in the administration of this Act, or in the education of children in the ACT, is to apply the following principles:
(a)a child learns from birth;
(b)the parents of a child are the child’s first teachers;
(c)every child has a right to receive a high-quality education.
(2)Without limiting subsection (1) (c), a high-quality education is based on the following principles:
(a)a high-quality early childhood education—
(i)provides long-term benefits for, and is important for the future wellbeing of, the child; and
(ii)should promote the objectives and guiding principles of the national education and care services quality framework under the Education and Care Services National Law (ACT);
(b)school education and home education provide a foundation for a democratic society;
(c)school education and home education should—
(i)aim to develop every child’s potential and maximise educational achievements; and
(ii)promote children’s enthusiasm for lifelong learning and optimism for the future; and
(iii)encourage parents to take part in the education of their children, and recognise their right to—
(A)enrol their child in a government school in which the child is eligible to be enrolled; or
(B)apply to enrol their child in a registered non‑government school; or
(C)register their child for home education; and
(iv)promote respect for and tolerance of others; and
(v)recognise the social, religious, physical, intellectual and emotional needs of all students; and
(vi)aim over time to improve the learning outcomes of students so that the outcomes are free from disadvantage because of economic, social, cultural or other causes; and
(vii)encourage all students to complete their senior secondary education; and
(viii)provide access to a broad education; and
(ix)recognise the needs of children who are Aboriginal or Torres Strait Islander people;
(d)innovation, diversity and opportunity within and among schools should be encouraged;
(e)effective quality assurance mechanisms should be applied to school education;
(f)government funding should be directed to students through their schools or school system;
(g)the partnership between the home, community and educational providers should be recognised;
(h)school communities should be given information about the operation of their schools.
NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
(3)Everyone involved in the administration of this Act, or in the school education of children in the ACT, is to apply the principle that school education—
(a)recognises the individual needs of children with disabilities; and
(b)should make appropriate provision for those needs, unless it would impose unjustifiable hardship on the provider of the school education.
(4)Corporal punishment is not allowed in ACT schools.
(5)Sharing of information relating to a child’s education and care—
(a)allows the child to receive education and care services that are well-coordinated; and
(b)enables the best educational outcome for, and promotes the wellbeing of, the child; and
(c)facilitates the child’s transition between education and care service providers.
(6)In this section:
corporal punishment means physical force applied to punish or correct, and includes any action designed or likely to cause physical pain or discomfort taken to punish or correct.
Main objects of Act
(1)The main objects of this Act are—
(a)to state the responsibilities of parents and the government in relation to education; and
(b)to state the principles on which government and non-government school education and home education are based; and
(c)to promote early childhood education by ensuring that every child can access—
(i)a high-quality early childhood education; and
(ii)the universal 3-year-old preschool, universal 4-year-old preschool or equity-based program; and
(d)to promote compulsory education by ensuring that—
(i)children complete year 10; and
(ii)children participate in education until they are 17 years old or complete year 12 (whichever happens first), with the opportunity to participate in training or employment after year 10; and
(e)to state the circumstances in which school attendance is not required; and
(f)to provide for the management of unsafe and noncompliant behaviour of students, including providing for suspension, transfer, expulsion and exclusion of students; and
(g)to provide for the operation and governance of government schools; and
(h)to provide for the registration of non‑government schools, and ensure their compliance with registration standards; and
(i)to provide for the registration of children for home education.
(2)In this section:
equity-based program means a government-funded preschool program delivered to a child on the basis of equity.
Examples
targeted 3-year-old initiative, Koori preschools, early entry preschools
universal 3-year-old preschool means a government-funded preschool program attended by a child in the year in which the child is at least 3 years old on 30 April of the year.
universal 4-year-old preschool means a government-funded preschool program attended by a child in the year in which the child is at least 4 years old on 30 April of the year.
Chapter 1AEarly childhood education
8AEligible children may attend government-funded preschool programs
(1)The purpose of this section is to ensure that every eligible child can receive an early childhood education funded by the government in the 2 years before the child is of compulsory education age.
(2)An eligible child may enrol in a government‑funded preschool program in a year if the child—
(a)lives in the ACT; and
(b)is at least 3 years old on 30 April in the year.
(3)However, a provider of a government-funded preschool program may refuse to enrol an eligible child in the preschool program if enrolling the child would breach a condition of the provider’s service approval.
(4)In this section:
eligible child means a child who the director-general is satisfied meets the requirements for being eligible for enrolment in a government‑funded preschool program.
service approval, of a provider of a government-funded preschool program—see the Education and Care Services National Law (ACT), section 5 (1).
NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
8BProcedures to encourage attendance at preschool programs delivered by government schools
(1)The director-general must, for a preschool program delivered by a government school, set up procedures to encourage attendance at the program by children who are enrolled in the program.
(2)The procedures must—
(a)state that attendance at the program is not compulsory; and
(b)state the benefits of a child’s regular attendance at the program; and
(c)include steps that may be taken to support a child’s attendance at the program.
Example—par (c)
referring the child’s parents to a support service
Chapter 2Compulsory education
Part 2.1Preliminary—ch 2
Meaning of compulsory education age
For this Act, a child is of compulsory education age if the child is at least 6 years old and under the age that the first of the following happens:
(a)the child is 17 years old;
(b)the child completes year 12.
9AMeaning of education course and education provider
(1)For this Act, each of the courses mentioned in table 9A, column 2 is an education course, and the entity mentioned in column 3 for the course is the provider (the education provider) of the course.
(2)Also, the director‑general may approve another course as an education course and an entity as the provider (the education provider) of the course.
(3)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Table 9A
| column 1 item | column 2 education course | column 3 education provider |
| 1 | a course of study | a government or non‑government school |
| 2 | a course of study | a government or non‑government school under a law of a State or another Territory |
| 3 | a course of study leading to the completion of year 10 or year 12 | a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), s 3 |
| 4 | a VET course under the National Vocational Education and Training Regulator Act 2011 (Cwlth), s 3 | a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), s 3 |
| 5 | an accredited course under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) | a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) |
9BMeaning of completes year 10
(1)For this Act, a child completes year 10 at an education provider if the child—
(a)is awarded or has completed the requirements for being awarded a year 10 certificate (however described) by the provider; or
(b)is given or has completed the requirements for being given a high school record (however described) in relation to year 10 by the provider; or
(c)is awarded a certificate (however described) approved by the director‑general.
(2)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)Also, for this Act, a child completes year 10 if—
(a)the child is awarded or has completed the requirements for being awarded a year 10 certificate (however described) in a State or another Territory under a law of the State or Territory; or
(b)the director‑general is satisfied on reasonable grounds that the child has completed year 10 or its equivalent in the ACT, a State, another Territory or a foreign country.
(4)A child mentioned in subsection (3) (b) may be given a certificate or record by the director‑general.
9CMeaning ofcompletes year 12
(1)For this Act, a child completes year 12 if the child is awarded or has completed the requirements for being awarded—
(a)a year 12 certificate (however described) by the Board of Senior Secondary Studies under the Board of Senior Secondary Studies Act 1997; or
(b)a certificate equivalent to a year 12 certificate that shows completion of a higher education pre-entry course; or
Examples
1the Certificate of General Education for Adults (at Certificate II or above)
2the International Baccalaureate
(c)a certificate equivalent to a year 12 certificate issued under the AQF; or
Example
the Australian Qualification Framework (AQF) Certificate II
(d)a certificate (however described) approved by the director‑general.
(2)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)Also, for this Act, a child completes year 12 if—
(a)the child is awarded or has completed the requirements for being awarded a year 12 certificate (however described) in a State or another Territory under a law of the State or Territory; or
(b)the director‑general is satisfied on reasonable grounds that the child has completed year 12 or its equivalent in the ACT, a State, another Territory or a foreign country.
(4)A child mentioned in subsection (3) (b) may be given a certificate or record by the director‑general.
(5)In this section:
AQF means the Australian Qualifications Framework under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.
9DGuidelines—certain director‑general functions
(1)The director‑general may make guidelines about the exercise of the director‑general’s functions under the following provisions:
· section 10 (6) (c) (Child of compulsory education age—enrolment and registration requirement);
· section 10AC (3) (Student movement register—parental notice);
· section 10D (4) (Child of compulsory education age—participation requirement);
· section 14D (3) (Approval statement—compliance requirement);
· chapter 5 (Home education).
(2)A guideline is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)The director‑general must comply with any guidelines.
Part 2.2Compulsory education requirements
Division 2.2.1 Enrolment, registration and attendance requirements
Child of compulsory education age—enrolment and registration requirement
(1)This section applies if a child—
(a)lives in the ACT; and
(b)is of compulsory education age.
(2)The child’s parents must do either or both of the following:
(a)enrol the child at an education provider for the purpose of the provider’s education course not later than 14 days after the day the course starts;
(b)apply to register the child for home education not later than 10 school term days after the first of the following happens:
(i)the start of the school year;
(ii)the day the child begins to live in the ACT.
(3)Also, the child’s parents must enrol the child under subsection (2) (a) not later than 10 school term days after—
(a)the day the child turns 6 years old; or
(b)for a child who has not completed year 10—the day the child begins to live in the ACT.
(4)If the child’s enrolment at an education provider is cancelled by the child’s parents, the parents must do either or both of the following within 14 days after the day the enrolment is cancelled:
(a)enrol the child at another education provider for the purpose of the provider’s education course;
(b)apply to register the child for home education.
(5)If the child’s registration for home education is cancelled under section 135 (Cancellation of registration for home education), the parents must enrol the child at an education provider for the purpose of the provider’s education course not later than 14 days after the day the cancellation takes effect.
NoteSee s 135 (6) for when the cancellation of registration for home education takes effect.
(6)This section does not apply if—
(a)an exemption certificate is in force for the child; or
(b)the child is participating in a training or employment alternative in accordance with part 2.4 (After year 10—training and employment alternatives); or
(c)the child’s parents have an excuse for not complying with this section that the director‑general is satisfied is a reasonable excuse.
Note 1The director‑general must comply with any guidelines about the exercise of the director‑general’s functions under s (6) (c) (see s 9D).
Note 2For offences in relation to this requirement, see pt 2.6 (Offences—parents).
10AAAChild of compulsory education age—when enrolment starts
(1)This section applies if an education provider accepts an application for the enrolment of a child who is of compulsory education age for the purpose of the provider’s education course.
(2)The child’s enrolment at the education provider starts on—
(a)the day the education course starts for the child; or
(b)if the education course starts for the child before the application for enrolment is made—the day agreed between the child’s parents and the education provider for the child to start the course.
10AChild of compulsory education age—school attendance requirement
(1)This section applies if a child—
(a)is of compulsory education age; and
(b)is enrolled at a government or non‑government school.
(2)The child’s parents must ensure that the child—
(a)attends in the way, and during the times, the school requires the child to attend to complete the education course for which the child is enrolled; and
(b)attends every activity of the school (including attendance at an approved educational course) that the school requires the child to attend.
Examples—activity of the school
school concert, sporting day or swimming carnival
(3)This section does not apply if the child’s parents have an excuse for not complying with this section that the principal of the school is satisfied is a reasonable excuse.
(4)In this section:
attendance, in relation to distance education, includes complying with the education provider’s requirements for attendance.
Examples
· logging in via an online portal at required times
· attending practical examinations in person
reasonable excuse means a circumstance prescribed by regulation.
10AAStudent movement register
(1)The director‑general must keep a register (the student movement register) of changes in—
(a)the enrolment of students at schools in the ACT; and
(b)the registration of students for home education in the ACT; and
(c)students participating in distance education in accordance with this Act.
(2)The principal of a school must record the information prescribed by regulation in the student movement register for each of the following (a student movement event):
(a)a student is enrolled at the school, having been previously—
(i)enrolled at another education provider; or
(ii)registered for home education, whether under this Act or a corresponding law;
(b)a student’s enrolment ends for any of the following reasons:
(i)the student is unenrolled from the school;
(ii)the student is enrolled at another education provider;
(iii)the student is registered for home education;
(iv)the school terminates the enrolment contract for the student;
(v)the student is transferred, expelled or excluded from the school under chapter 2A (Suspension, transfer, expulsion and exclusion of students);
(c)a student starts or stops distance education.
(3)The director‑general must record the information prescribed by regulation in the student movement register for each of the following events (also a student movement event):
(a)a student is registered for home education, having been previously—
(i)enrolled at an education provider; or
(ii)registered for home education under a corresponding law;
(b)the registration of a student for home education ends;
(c)a student starts or stops distance education;
(d)information about a student movement event is given to the director-general under section 10AC (2) (Student movement register—parental notice).
(4)Information to be recorded for a student movement event under this section must be recorded within 5 days after the event happens.
(5)In this section:
corresponding law means a law of another State under which children are registered for home education.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
10ABStudent movement register—procedures
(1)The director‑general must—
(a)establish procedures for recording information in the student movement register; and
(b)tell principals of schools in the ACT about the procedures.
(2)A principal of a school who is recording information in the student movement register under section 10AA must comply with the procedures established under subsection (1).
10ACStudent movement register—parental notice
(1)This section applies if—
(a)a child is of compulsory education age; and
(b)the child is enrolled at an education provider or registered for home education; and
(c)the child’s enrolment or registration ends.
(2)The child’s parents must, within 28 days after the day the child’s enrolment or registration ends, give the information prescribed by regulation to the director-general in writing.
(3)This section does not apply if the child’s parents have an excuse for not complying with this section that the director-general is satisfied is a reasonable excuse.
NoteThe director-general must comply with any guidelines about the exercise of the director-general’s functions under s (3) (see s 9D).
Division 2.2.2 Participation requirement
10BMeaning of participates in education course—div 2.2.2
For this division, a child participates in an education course if the child complies with—
(a)the provider’s requirements about physically attending, at particular times, the provider’s premises or another place; or
(b)for an education course that is completed by distance education (however described)—the provider’s requirements for distance education.
Examples—par (b)
1complete and return the assigned work for the course
2communicate with or contact the provider for the purpose of participating in the course
3attend the provider for 1 week twice a year
10CMeaning of full-time participation in education course—div 2.2.2
(1)For this division, full-time participation in an education course means participation in the course—
(a)at a level that is full-time under the requirements of the course; or
(b)for at least 25 hours each week.
(2)Also, for this division, full-time participation in an education course includes—
(a)part-time participation in 2 or more education courses to an extent that is at least equivalent to full-time participation in 1 education course; and
(b)participation in any combination of the following that is equivalent to full-time participation in 1 education course:
(i)an education course;
(ii)a training alternative;
(iii)an employment alternative.
NoteA child needs the director‑general’s approval to participate in a training or employment alternative (see pt 2.4 (After year 10—training and employment alternatives)).
10DChild of compulsory education age—participation requirement
(1)This section applies if a child—
(a)is of compulsory education age; and
(b)is enrolled at an education provider other than a government or non‑government school for the purpose of the provider’s education course.
(2)The child’s parents must ensure that the child participates in the education course.
(3)Also, the child’s participation must be—
(a)full-time participation (the full-time participation requirement); or
(b)if an exemption certificate is in force for the child for the course—participation in accordance with the certificate.
(4)This section does not apply if the child’s parents have an excuse for not complying with this section that the director‑general is satisfied is a reasonable excuse.
Note 1The director‑general must comply with any guidelines about the exercise of the director‑general’s functions under s (4) (see s 9D).
Note 2For offences in relation to this requirement, see pt 2.6 (Offences—parents).
Participation requirement—absence
A child’s participation in an education course is taken for this Act to continue during an absence that is—
(a)allowed under the requirements of the course or by the provider of the course; or
(b)required under a territory law or a law of the Commonwealth, a State or another Territory.
Example—par (b)
Will is absent from an education provider because a public health direction under the Public Health Act 1997 requires that he be confined to home for 2 weeks.
11AParticipation requirement—suspension
(1)This section applies if a child participating in an education course stops attending the provider because the child has been suspended from attending the provider.
(2)The child’s participation in the course is taken for this Act to continue during the suspension period.
11BParticipation requirement—exclusion
(1)This section applies if a child participating in an education course stops attending the provider because the child has been excluded from attending the provider.
(2)The child’s participation in the course is taken for this Act to continue—
(a)at the same level as before the exclusion; and
(b)for the time reasonably required for the child to resume participation in an education course or apply for approval to participate in a training or employment alternative under part 2.4 (After year 10—training and employment alternatives).
Part 2.3Exemption certificates
11GMeaning of full-time participation requirement—pt 2.3
In this part:
full-time participation requirement—see section 10D (3).
11HExemption certificate—application
(1)A child or the child’s parents may apply to the director‑general for a certificate (an exemption certificate) exempting the child from—
(a)the requirement to be enrolled at an education provider or registered for home education; or
NoteSee s 10 (Child of compulsory education age—enrolment and registration requirement).
(b)the full-time participation requirement.
NoteSee s 10D (Child of compulsory education age—participation requirement).
(2)Application may be made for either or both of the following:
(a)exempting the child until the child is 17 years old or for a shorter period;
(b)exempting the child from the full-time participation requirement.
(3)An application made by a child must contain the signed consent of the child’s parents.
(4)However, subsection (3) does not apply if the director‑general is satisfied on reasonable grounds that it is not appropriate to require the signed consent.
Exemption certificate—requirement for further information
(1)The director‑general may give an applicant mentioned in section 11H (1) a written notice requiring the applicant to give the director‑general stated further information or documents that the director‑general reasonably needs to decide the application.
(2)If the applicant does not comply with the requirement, the director‑general may refuse to consider the application further.
12AExemption certificate—issue
(1)The director‑general may—
(a)issue an exemption certificate for a child if the director‑general is satisfied on reasonable grounds that it is in the child’s best interests to issue the certificate; or
(b)refuse to issue an exemption certificate for a child.
(2)Without limiting subsection (1) (a), in deciding whether it is in a child’s best interests to exempt the child, the director‑general may consider the following:
(a)the child’s health;
(b)the child’s education;
(c)whether the exemption would benefit the child.
Example—par (c)
Felicity’s education alternative finishes shortly before she turns 17. The director‑general is satisfied that exempting Felicity from participating in another education alternative until she turns 17 benefits her, because it means that she is not compelled to participate in another education alternative for a short time just to comply with the participation requirement.
(3)An exemption certificate for a child may be issued for either or both of the following:
(a)exempting the child until the child is 17 years old or for a shorter period;
(b)exempting the child from the full-time participation requirement.
12BExemption certificate—form
An exemption certificate issued for a child must—
(a)state the day it is issued; and
(b)state the child’s name; and
(c)state the period for which it is in force; and
(d)for an exemption from the full-time participation requirement—state the details of the exemption; and
(e)state any condition to which it is subject; and
(f)contain any other particulars prescribed by regulation.
12CExemption certificate—conditions
The director‑general may issue an exemption certificate subject to any condition that the director‑general believes on reasonable grounds is appropriate.
12DExemption certificate—duration
An exemption certificate may be issued for a child until—
(a)the end of the period stated in the certificate; or
(b)the ground for the issue of the certificate no longer applies in relation to the child.
Exemption certificate—revocation
The director‑general may revoke an exemption certificate issued for a child if—
(a)the certificate is issued in error; or
(b)the ground for the issue of the certificate no longer applies in relation to the child; or
(c)a condition of the certificate has been contravened.
Part 2.4After year 10—training and employment alternatives
Division 2.4.1 Definitions—pt 2.4
13AMeaning of training alternative and training alternative provider—Act
(1)For this Act, each training mentioned in table 13A, column 2 is a training alternative, and the entity mentioned in column 3 for the training alternative is the provider (the training alternative provider) of the training alternative.
(2)Also, the director‑general may approve other training as a training alternative, and an entity as the provider (the training alternative provider) of the training alternative.
(3)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Table 13A
| column 1 item | column 2 training alternative | column 3 training alternative provider |
| 1 | work-related training under the Training and Tertiary Education Act 2003 | employer with whom child has approved training contract under the Training and Tertiary Education Act 2003 in relation to the work-related training |
| 2 | work-related training (however described) under a law of a State or another Territory | provider (however described) under a law of the State or other Territory |
13BMeaning of employment alternative—Act
For this Act, each of the following is an employment alternative:
(a)performance of paid work under a contract of service (whether written or unwritten);
(b)performance of paid work under a contract for services (whether written or unwritten).
NoteThe Children and Young People Act 2008, ch 21 deals with the employment of children and young people.
13CMeaning of full-time participation in training or employment alternative—pt 2.4
(1)For this part, full-time participation in a training or employment alternative means participation in the alternative—
(a)at a level that is full-time under the requirements of the alternative; or
(b)for at least 25 hours each week.
(2)Also, for this part, full-time participation in a training or employment alternative includes—
(a)part-time participation in 2 or more of a particular alternative to an extent that is at least equivalent to full-time participation in 1 of the particular alternatives; and
(b)participation in any combination of training and employment alternatives to an extent that is at least equivalent to full-time participation in 1 training or employment alternative.
Example—s (2) (a)
part-time participation in 2 or more training alternatives to an extent that is at least equivalent to full-time participation in 1 training alternative
Example—s (2) (b)
part-time participation in a training alternative and part-time participation in an employment alternative for a combined total of at least 25 hours each week
Division 2.4.2 Approval to participate in training and employment alternatives
13DApproval statement—application
(1)A child or the child’s parents may apply to the director‑general for a statement (an approval statement) approving the child’s participation in a training or employment alternative during the child’s post-year 10 period.
(2)Application may be made for either or both of the following:
(a)approving the child’s participation in a training or employment alternative for all or part of the child’s post-year 10 period;
(b)approving that the child’s participation in a training or employment alternative be other than full-time participation.
(3)An application made by a child must contain the signed consent of the child’s parents.
(4)However, subsection (3) does not apply if the director‑general is satisfied on reasonable grounds that it is not appropriate to require the signed consent.
(5)For this section, a child’s post-year 10 period starts when the child completes year 10 and ends when the first of the following happens:
(a)the child completes year 12;
(b)the child is 17 years old.
Approval statement—requirement for further information
(1)The director‑general may give an applicant mentioned in section 13D (1) a written notice requiring the applicant to give the director‑general stated further information or documents that the director‑general reasonably needs to decide the application.
(2)If the applicant does not comply with the requirement, the director‑general may refuse to consider the application further.
14AApproval statement—issue
(1)The director‑general may—
(a)issue an approval statement for a child if the director‑general is satisfied on reasonable grounds that it is in the child’s best interests to issue the statement; or
(b)refuse to issue an approval statement for a child.
(2)Without limiting subsection (1) (a), in deciding whether it is in a child’s best interests to issue an approval statement for the child, the director‑general may consider the following:
(a)the child’s mental or physical health and wellbeing;
(b)the child’s education;
(c)whether the training or employment alternative for which the statement is sought would benefit the child.
Example—par (c)
Thomas is 15 years old, has completed year 10 and wants to be a chef. Thomas has been offered an apprenticeship with a chef. The director‑general decides that it is in Thomas’s best interests to issue an approval statement for him, because it means that Thomas can pursue the career path that he wants to pursue.
(3)An approval statement may be issued for a child for either or both of the following:
(a)approving the child’s participation in a training or employment alternative for all or part of the child’s post-year 10 period;
(b)approving that the child’s participation in a training or employment alternative be other than full-time participation.
(4)In this section:
post-year 10 period—see section 13D (5).
14BApproval statement—form
An approval statement issued for a child must—
(a)state the day it is issued; and
(b)state the child’s name; and
(c)state the period for which it is in force; and
(d)if the child’s approved participation in a training or employment alternative is other than full-time participation—state the approval and the extent to which the child is required to participate in the alternative; and
(e)state any condition to which it is subject; and
(f)contain any other particulars prescribed by regulation.
14CApproval statement—conditions
(1)An approval statement issued for a child is subject to a condition that—
(a)the child’s participation is full-time participation unless otherwise stated in the statement; or
(b)if the statement contains a statement mentioned in section 14B (d)—the child must comply with the stated participation requirement.
(2)An approval statement that approves a child’s participation in a training alternative is also subject to each of the following conditions:
(a)that the child is enrolled with the training alternative provider;
(b)that the child complies with the training alternative provider’s attendance requirements.
(3)The training alternative provider’s attendance requirements are the requirements about physically attending, at particular times, the provider’s premises or another place.
(4)The director‑general may issue an approval statement subject to any condition that the director‑general believes on reasonable grounds is appropriate.
Example—s (4)
Farouk wants to participate part-time in an education course and part-time in an employment alternative (he wants to work at least 10 hours each week). Under this Act, an approval statement is not required for an education course, but is for an employment alternative. The director‑general issues an approval statement for the employment alternative that states that Farouk’s approved participation in that employment is part-time, and that he must participate in that employment for at least 10 hours each week. The director‑general also puts a condition on the approval statement that Farouk must participate in the education course for at least 15 hours each week.
14DApproval statement—compliance requirement
(1)This section applies if an approval statement is issued for a child.
(2)The child’s parents must ensure that the child complies with the statement, including any conditions of the statement.
(3)This section does not apply if the child’s parents have an excuse for not complying with this section that the director‑general is satisfied is a reasonable excuse.
Note 1The director‑general must comply with any guidelines about the exercise of the director‑general’s functions under s (3) (see s 9D).
Note 2For offences in relation to this requirement, see pt 2.6 (Offences—parents).
Approval statement—duration
An approval statement may be issued for a child until—
(a)the end of the period stated in the statement; or
(b)the ground for the issue of the statement no longer applies in relation to the child.
15AApproval statement—revocation
The director‑general may revoke an approval statement issued for a child if—
(a)the statement is issued in error; or
(b)the ground for the issue of the statement no longer applies in relation to the child; or
(c)a condition of the statement has been contravened.
15BReturn to education while approval statement in force
(1)This section applies if—
(a)an approval statement is in force for a child; and
(b)the child is enrolled at an education provider for the purpose of the provider’s education course.
(2)The child’s parents must tell the director‑general in writing about the enrolment.
Division 2.4.3 Training and employment alternatives—deemed participation
15CTraining and employment alternatives—absence
A child’s participation in a training or employment alternative is taken for this Act to continue during an absence that is—
(a)allowed under the requirements of the alternative; or
(b)required under a territory law or a law of the Commonwealth, a State or another Territory.
Example—par (b)
Sarah is absent from a training alternative provider because a personal protection order prohibits her from attending the provider.
15DTraining alternative—suspension
(1)This section applies if a child participating in a training alternative stops attending the training alternative provider because the child has been suspended from attending the provider.
(2)The child’s participation in the alternative is taken for this Act to continue during the suspension period.
Training alternative—exclusion
(1)This section applies if a child participating in a training alternative stops attending the training alternative provider because the child has been excluded from attending the provider.
(2)The child’s participation in the training alternative is taken for this Act to continue—
(a)at the same level as before the exclusion; and
(b)for the time reasonably required for the child to—
(i)enrol in an education course; or
(ii)apply for approval to participate in another training alternative or an employment alternative.
16AEmployment alternative—termination
(1)This section applies if a child participating in an employment alternative stops working because the child’s employment has been ended other than by the child.
(2)The child’s participation in the employment alternative is taken for this Act to continue—
(a)at the same level as before the termination; and
(b)for the time reasonably required for the child to—
(i)enrol in an education course; or
(ii)apply for approval to participate in another employment alternative or a training alternative.
Part 2.4AInformation notices
16AAGiving information notice
(1)The director‑general may give a notice to a child’s parents (an information notice) if the director‑general believes on reasonable grounds that the parents have contravened, or are contravening, any of the following sections:
(a)section 10 (Child of compulsory education age—enrolment and registration requirement);
(b)section 10A (Child of compulsory education age—school attendance requirement);
(c)section 10D (Child of compulsory education age—participation requirement);
(d)section 14D (Approval statement—compliance requirement).
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(2)However, the director‑general may only give an information notice in relation to a contravention of section 10 if the child lives in the ACT.
16ABContents of information notice
(1)An information notice in relation to a child must—
(a)state that it is an information notice under this Act; and
(b)state the information sought; and
(c)state what the child’s parents need to do to comply with the notice; and
(d)state the period for complying with the notice; and
(e)contain a statement to the effect that failure to comply with the notice is an offence.
(2)The information notice may include any other information the director‑general considers appropriate.
16ACExtension of time for compliance with information notice
(1)This section applies if a child’s parents have been given an information notice.
(2)The director‑general may, by written notice given to the child’s parents, extend the compliance period for the information notice on the director‑general’s own initiative or if asked by the parents.
(3)However, the director‑general may extend the compliance period only if the period has not ended.
(4)In this section:
compliance period means the period stated in the information notice under section 11D (1) (d), and includes the period as extended under this section.
16ADRevocation of information notice on compliance
If the director‑general is satisfied on reasonable grounds that an information notice given to a child’s parents has been complied with, the director‑general must revoke the notice by written notice given to the parents.
Part 2.5Compliance notices
16BGiving compliance notice
(1)The director‑general may give a notice (a compliance notice) to a child’s parents if the director‑general believes on reasonable grounds that the parents have contravened or are contravening—
(a)section 10 (Child of compulsory education age—enrolment and registration requirement); or
(b)section 10A (Child of compulsory education age—school attendance requirement); or
(c)section 10AC (Student movement register—parental notice); or
(d)section 10D (Child of compulsory education age—participation requirement); or
(e)section 14D (Approval statement—compliance requirement).
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(2)However, the director‑general may only give a compliance notice in relation to a contravention of section 10 if the child lives in the ACT.
16CContents of compliance notice
(1)A compliance notice in relation to a child must—
(a)state that it is a compliance notice under this Act; and
(b)include a brief description of the contravention of this Act in relation to which the notice is given; and
(c)state what the child’s parents need to do to comply with the notice; and
(d)state the period for complying with the notice; and
(e)contain a statement to the effect that failure to comply with the notice is an offence.
(2)The compliance notice may include any other information the director‑general considers appropriate.
16DExtension of time for compliance with compliance notice
(1)This section applies if a child’s parents have been given a compliance notice.
(2)The director‑general may, by written notice given to the child’s parents, extend the compliance period for the compliance notice on the director‑general’s own initiative or if asked by the parents.
(3)However, the director‑general may extend the compliance period only if the period has not ended.
(4)In this section:
compliance period means the period stated in the compliance notice under section 16C (1) (d), and includes the period as extended under this section.
Revocation of compliance notice on compliance
If the director‑general is satisfied on reasonable grounds that a compliance notice given to a child’s parents has been complied with, the director‑general must revoke the notice by written notice given to the parents.
Part 2.6Offences—parents
17AContravention of information and compliance notices
(1)A child’s parents commit an offence if—
(a)an information notice is given to the parents; and
(b)the parents fail to comply with the notice.
Maximum penalty: 5 penalty units.
(2)A child’s parents commit an offence if—
(a)a compliance notice is given to the parents; and
(b)the parents fail to comply with the notice.
Maximum penalty: 10 penalty units.
(3)An offence against this section is a strict liability offence.
(4)This section does not apply if the child’s parents have a reasonable excuse for failing to comply with the notice.
(5)Without limiting subsection (4), it is a reasonable excuse for a parent of the child (the stated parent) that—
(a)the child lives with another parent and the stated parent believes on reasonable grounds that the other parent is complying with the notice; or
(b)the stated parent is not reasonably able to control the child’s behaviour to the extent necessary to comply with the notice.
Chapter 2ASuspension, transfer, expulsion and exclusion of students
Part 2A.1Suspension, transfer, expulsion and exclusion—generally
17BMeaning of unsafe or noncompliant behaviour—ch 2A
(1)For this chapter, the behaviour of a student at a school is unsafe or noncompliant if the behaviour reduces the safety or effectiveness of the learning environment at the school because it—
(a)is persistently or disruptively noncompliant; or
(b)poses an unacceptable risk to the safety or wellbeing of—
(i)another student at the school; or
(ii)a member of staff of the school; or
(iii)someone else involved in the school’s operation.
(2)To remove any doubt, a student’s behaviour may be unsafe or noncompliant even if the behaviour does not happen on school premises or during school hours.
Example
using social media outside school hours to encourage violence against a student at school the next day
17CDefinitions—ch 2A
In this chapter:
decision‑maker, for a school, means—
(a)for a government school—the director‑general; and
(b)for a Catholic system school—the director of Catholic education; and
(c)for an independent school—the principal of the school.
delegated principal, for a government school or Catholic system school, means a principal to whom the decision‑maker for the school has delegated their powers under section 17O.
exclude—
(a)a student at a government school, means exclude the student from being enrolled at any government school under section 17ZA; or
(b)a student at a Catholic system school, means exclude the student from being enrolled at any Catholic system school under section 17ZF.
expel, a student at a school, means expel the student from the school under section 17U.
reasonable alternative means an alternative that a person is reasonably able to take considering all relevant matters.
suspend, a student at a school, means suspend the student under section 17H.
transfer, a student at a government school, means transfer the student from the school to another government school under section 17P.
17DExhausting all reasonable alternatives
If a person is required to exhaust all reasonable alternatives before making a decision under this chapter in relation to a student at a school, the person must—
(a)before making a decision to transfer or expel a student—be satisfied that suspending the student would not be effective or suitable; and
(b)be satisfied that no other reasonable alternative is likely to be suitable or successful for managing the student’s unsafe or noncompliant behaviour.
17ECommunicating with students and parents
(1)This section applies if a person is required to tell a student, or give their parents written notice, about a decision or proposed decision under this chapter.
(2)The person must apply natural justice and procedural fairness and, in particular, must—
(a)ensure the student and their parents are given sufficient information about the decision‑making process, in a language and way that the student and their parents can understand, to allow the student and their parents to effectively take part in the decision‑making process and have their views heard; and
(b)ensure the student has a parent, or someone else chosen by the student, present when taking part in the decision‑making process.
17FNotification not required in certain circumstances
(1)This section applies if a person is required to give a written notice to a parent of a student under this chapter.
(2)The written notice need not be given if the person is satisfied that—
(a)it would not be in the best interests of the student to give the notice; or
Example
a court order prevents contact between a student and their parent
(b)it is not possible or reasonably practicable in the circumstances to give the notice.
Example
despite reasonable efforts, contact details for a parent cannot be found
(3)If the student is an adult, the written notice—
(a)need not be given to a parent of the student; and
(b)must be given to the student.
Part 2A.2Suspension
17GSuspension to ensure safe and effective learning environment
A decision‑maker for a school may suspend a student at the school only for the purpose of ensuring a safe and effective learning environment at the school.
17HSuspension
(1)The decision‑maker for a school may suspend a student at the school if satisfied—
(a)the student has engaged in unsafe or noncompliant behaviour; and
(b)the school has exhausted all reasonable alternatives to suspending the student; and
(c)it is reasonable to suspend the student considering all the circumstances, including any views of the student and their parents about the proposed suspension.
NoteUnsafe or noncompliant behaviour—see s 17B.
Reasonable alternatives—see s 17C.
(2)However, the decision‑maker must not suspend a student unless—
(a)for a government school or Catholic system school with a delegated principal—the delegated principal has complied with the requirements for involving the student and their parents in the decision‑making process under section 17L; or
(b)for a government school or Catholic system school without a delegated principal—the principal of the school recommends the student be suspended; and
(c)for an independent school—the decision‑maker has complied with the requirements for involving the student and their parents in the decision‑making process under section 17L.
(3)The decision‑maker for a government school or Catholic system school without a delegated principal may suspend the student as recommended by the principal of the school under section 17K, or subject to any change the decision‑maker considers reasonable.
17ISuspension—notice
If the decision‑maker for a school suspends a student, the decision‑maker must—
(a)tell the student, and give their parents written notice (a suspension notice), about the suspension, including—
(i)the grounds for the suspension; and
(ii)the length of the suspension; and
(iii)how the school intends to support the student to continue their education during the suspension; and
(b)for a government school or Catholic system school without a delegated principal—tell the principal of the school about the suspension, including any changes made to the principal’s recommendation.
17JSuspension—length
(1)The suspension of a student is for the period, not longer than 20 school days, the decision‑maker considers necessary to ensure a safe and effective learning environment at the school.
(2)A suspension—
(a)begins on the later of the following:
(i)the day the decision‑maker gives a suspension notice to the student’s parents;
(ii)the day stated in the suspension notice; and
(b)ends on the earlier of the following:
(i)the end day stated in the suspension notice;
(ii)20 school days after the suspension begins.
(3)A suspension must not start immediately after another suspension ends.
17KSuspension—government and Catholic system schools—principal’s recommendation
(1)This section applies to a student at a government school or a Catholic system school without a delegated principal.
(2)The principal of the school may recommend to the decision‑maker for the school that the student be suspended.
(3)However, the principal must not make a recommendation unless the principal has complied with the requirements for involving the student and their parents in the decision‑making process under section 17L.
(4)The principal’s recommendation must include the following information about the proposed suspension:
(a)the grounds for the suspension, including details of—
(i)the student’s unsafe or noncompliant behaviour; and
(ii)how they have exhausted reasonable alternatives to suspending the student;
NoteUnsafe or noncompliant
behaviour—see s 17B.
Reasonable alternatives—see s 17C.
(b)the length of the suspension;
(c)how the school intends to support the student to continue their education during the period of suspension;
(d)the steps taken to involve the student and their parents in the decision‑making process under section 17L, and any views of the student and their parents about the suspension.
(5)The principal’s recommendation may include any other information the principal considers would assist the decision‑maker in deciding whether to suspend the student.
17LSuspension—involving student and parents
(1)This section applies if—
(a)for a government school or Catholic system school with a delegated principal—the delegated principal proposes to suspend a student at the school; or
(b)for a government school or Catholic system school without a delegated principal—the principal proposes to recommend the suspension of a student under section 17K; or
(c)the principal of an independent school proposes to suspend a student at the school.
(2)Before taking the proposed action, the principal must take reasonable steps to tell the student, and give their parents written notice, about the proposed suspension, including—
· commercial services for children
regulatory action, against the proprietor of a registered school, for chapter 4 (Non‑government schools)—see section 121.
reviewable decision, for part 6.1 (Notification and review of decisions)—see section 140.
school means an institution providing 1 or more levels of education from kindergarten to year 12.
Note 1A school may also deliver a preschool program (see Education and Care Services National Law (ACT), s 5 (1), def education and care service).
Note 2The Education and Care Services National Law (ACT) Act 2011 s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care National Law (ACT).
school board, of a government school, means the school board of the school established under section 38.
school day, for a school, means a day that is not—
(a)a Saturday or Sunday; or
(b)a public holiday in the ACT; or
(c)a day designated as a school holiday for the school; or
(d)any other day on which the school is not operating as a school.
Example—day on which a school is not operating as a school
pupil‑free day
school-related institution—see section 20 (3).
show cause notice—see section 124.
small school, for part 3.4 (School boards of government schools)—see section 37.
staff, of a school, means the principal and teachers of, and other people employed at, the school.
staff member—
(a)for the school board of a government school, other than a small school, a school-related institution or another school to which section 43 (Composition of school boards of school-related institutions and other schools in special circumstances) applies—see section 41 (Composition of school boards generally); or
(b)for the school board of a small school, other than a school to which section 43 applies—see section 42 (Composition of school boards of small schools).
student means a person enrolled at an education provider for the purpose of the provider’s education course.
student movement register—see section 10AA.
suspend, a student at a school, for chapter 2A (Suspension, transfer, expulsion and exclusion of students)—see section 17C.
suspension notice—see section 17I.
training alternative—see section 13A.
training alternative provider—see section 13A.
transfer, a student at a government school, for chapter 2A (Suspension, transfer, expulsion and exclusion of students)—see section 17C.
transferring school—see section 17P.
unsafe or noncompliant, behaviour for chapter 2A (Suspension, transfer, expulsion and exclusion of students)—see section 17B.
young person, for part 6.1A (Information sharing)—see section 145B.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Education Act 2004 A2004-17
notified LR 8 April 2004
s 1, s 2 commenced 8 April 2004 (LA s 75 (1))
remainder commenced 1 January 2005 (s 2)as amended by
Education Amendment Act 2006 A2006-28
notified LR 15 June 2006
s 1, s 2 commenced 15 June 2006 (LA s 75 (1))
remainder commenced 16 June 2006 (s 2)Education Amendment Act 2006 (No 2) A2006-57
notified LR 19 December 2006
s 1, s 2 commenced 19 December 2006 (LA s 75 (1))
remainder commenced 20 December 2006 (s 2)Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 3 pt 3.12, sch 4 pt 4.14
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 3 pt 3.12 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)sch 4 pt 4.14 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.33
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))sch 1 pt 1.33 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.25
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.25 commenced 22 September 2009 (s 2)
Education (Participation) Amendment Act 2009 A2009-40
notified LR 17 November 2009
s 1, s 2 commenced 17 November 2009 (LA s 75 (1))remainder commenced 1 January 2010 (s 2)
Education Amendment Act 2010 A2010-7
notified LR 3 March 2010
s 1, s 2 commenced 3 March 2010 (LA s 75 (1))
remainder commenced 4 March 2010 (s 2)Statute Law Amendment Act 2010 A2010-18 sch 1 pt 1.6, sch 3 pt 3.4
notified LR 13 May 2010
s 1, s 2 commenced 13 May 2010 (LA s 75 (1))sch 1 pt 1.6, sch 3 pt 3.4 commenced 3 June 2010 (s 2)
Education Amendment Act 2010 (No 2) A2010-22
notified LR 6 July 2010
s 1, s 2 commenced 6 July 2010 (LA s 75 (1))remainder commenced 7 July 2010 (s 2)
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.16
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))sch 3 pt 3.16 commenced 1 March 2011 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.57
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.57 commenced 1 July 2011 (s 2 (1))
Education Amendment Act 2011 A2011-51
notified LR 24 November 2011
s 1, s 2 commenced 24 November 2011 (LA s 75 (1))remainder commenced 1 January 2012 (s 2 and see Education and Care Services National Law (ACT) Act 2011 A2011-42, s 2 and CN2011‑16)
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.14
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))sch 3 pt 3.14 commenced 5 June 2012 (s 2 (1))
Training and Tertiary Education Amendment Act 2014 A2014‑48 sch 1 pt 1.8
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))sch 1 pt 1.8 commenced 20 November 2014 (s 2)
Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.5
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 3 pt 3.5 commenced 10 June 2015 (s 2)Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.8
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))sch 1 pt 1.8 commenced 3 June 2015 (s 2)
Education Amendment Act 2015 A2015-18
notified LR 11 June 2015
s 1, s 2 commenced 11 June 2015 (LA s 75 (1))remainder commenced 1 July 2015 (s 2)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.19
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.19 commenced 14 October 2015 (s 2)Education (Child Safety in Schools) Legislation Amendment Act 2019 A2019-4 pt 3
notified LR 4 March 2019
s 1, s 2 commenced 4 March 2019 (LA s 75 (1))
pt 3 commenced 5 March 2019 (s 2 (2))Education Amendment Act 2019 A2019-47
notified LR 9 December 2019
s 1, s 2 commenced 9 December 2019 (LA s 75 (1))
remainder commenced 9 June 2020 (s 2 and LA s 79)COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 sch 1 pt 1.11
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
sch 1 pt 1.11 commenced 14 May 2020 (s 2 (1))Education Amendment Act 2020 A2020-38 pt 2
notified LR 20 August 2020
s 1, s 2 commenced 20 August 2020 (LA s 75 (1))
pt 2 commenced 1 January 2021 (s 2)COVID-19 Emergency Response Legislation Amendment Act 2021 A2021-1 sch 1 pt 1.9
notified LR 19 February 2021
s 1, s 2 commenced 19 February 2021 (LA s 75 (1))
sch 1 pt 1.9 commenced 20 February 2021 (s 2 (1))Legislation (Legislative Assembly Committees) Amendment Act 2022 A2022-4 sch 1 pt 1.5
notified LR 30 March 2022
s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
sch 1 pt 1.5 commenced 6 April 2022 (s 2)Education Amendment Act 2022 A2022-10 pt 2, pt 3
notified LR 17 June 2022
s 1, s 2 commenced 17 June 2022 (LA s 75 (1))
pt 2, pt 3 commenced 20 December 2022 (s 2)Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.11
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.11 commenced 24 August 2022 (s 2)Education (Early Childhood) Legislation Amendment Act 2023 A2023‑54 pt 4
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
s 93, s 96 commenced 12 December 2023 (s 2 (2))
pt 4 remainder commenced 1 January 2024 (s 2 (1))Education Amendment Act 2024 A2024-39 pt 2
notified LR 12 September 2024
s 1, s 2 commenced 12 September 2024 (LA s 75 (1))
pt 2 commenced 1 January 2025 (s 2)Education Amendment Act 2025 A2025-10
notified LR 15 April 2025
s 1, s 2 commenced 15 April 2025 (LA s 75 (1))
remainder commenced 16 April 2025 (s 2)Amendment history
Commencement
s 2om LA s 89 (4)
Dictionary
s 3am A2023‑54 s 83
Meaning of parent
s 6am A2008‑20 amdt 3.26, amdt 4.37
sub A2023‑54 s 84
General principles of Act
s 7am A2006‑57 s 4, s 5, s 55; A2022‑14 amdt 3.65; A2023‑54 ss 85-89; ss, pars renum R35 LA; A2024‑39 s 4
Main objects of Act
s 8am A2006‑57 s 6, s 7; A2009‑40 s 4; pars renum R9 LA; A2022-10 s 4, s 20; A2023‑54 s 90, s 91; pars renum R35 LA
Early childhood education
ch 1A hdgins A2023‑54 s 92
Eligible children may attend government-funded preschool programs
s 8Ains A2023‑54 s 92
Procedures to encourage attendance at preschool programs delivered by government schools
s 8Bins A2023‑54 s 92
Compulsory education
ch 2 hdgsub A2009‑40 s 5
Preliminary—ch 2
pt 2.1 hdgins A2009‑40 s 5
Meaning of compulsory education age
s 9 hdgsub A2022-10 s 5
s 9sub A2009‑40 s 5
am A2022-10 s 6
Meaning of education course and education provider
s 9Ains A2009‑40 s 5
am A2011‑22 amdt 1.183; A2014‑48 amdt 1.17; A2022-10 s 21
Meaning of completes year 10
s 9Bins A2009‑40 s 5
am A2011‑22 amdt 1.183; A2020‑38 s 22
Meaning of completes year 12
s 9Cins A2009‑40 s 5
am A2011‑22 amdt 1.183; A2015-15 amdt 3.25; A2020‑38 s 22
Guidelines—certain director‑general functions
s 9D hdgam A2011‑22 amdt 1.183
s 9Dins A2009‑40 s 5
am A2011‑22 amdt 1.183, amdt 1.184; A2019-47 s 4; A2024‑39 s 5
Compulsory education requirements
pt 2.2 hdgins A2009‑40 s 5
Enrolment, registration and attendance requirements
div 2.2.1 hdg ins A2009‑40 s 5
Child of compulsory education age—enrolment and registration requirement
s 10am A2006‑57 s 8
sub A2009‑40 s 5
am A2010‑18 amdt 1.13; ss renum R11 LA; A2011‑3 amdt 3.183; A2011‑22 amdt 1.183, amdt 1.184; A2020‑38 s 22
Child of compulsory education age—when enrolment starts
s 10AAAins A2024‑39 s 6
Child of compulsory education age—school attendance requirement
s 10Ains A2009‑40 s 5
am A2011‑22 amdt 1.183, amdt 1.184; A2020‑38 s 4; pars renum R27 LA; A2022-10 s 22; A2024‑39 s 7
Student movement register
s 10AAins A2022-10 s 7
am A2024‑39 ss 8-10
Student movement register—procedures
s 10ABins A2022-10 s 7
Student movement register—parental notice
s 10ACins A2024‑39 s 11
Participation requirement
div 2.2.2 hdg ins A2009‑40 s 5
Meaning of participates in education course—div 2.2.2
s 10Bins A2009‑40 s 5
Meaning of full-time participation in education course—div 2.2.2
s 10Cins A2009‑40 s 5; A2011‑22 amdt 1.184
Child of compulsory education age—participation requirement
s 10Dins A2009‑40 s 5
am A2011‑22 amdt 1.183, amdt 1.184; A2020‑38 s 4; pars renum R27 LA; A2022-10 s 23
Participation requirement—absence
s 11sub A2009‑40 s 5
Participation requirement—suspension
s 11Ains A2009‑40 s 5
Participation requirement—exclusion
s 11Bins A2009‑40 s 5
Information notices
div 2.2.3 hdg renum and reloc as pt 2.4A hdg
Giving information notice
s 11Crenum and reloc as s 16AA
Contents of information notice
s 11Drenum and reloc as s 16AB
Extension of time for compliance with information notice
s 11Erenum and reloc as s 16AC
Revocation of information notice on compliance
s 11Frenum and reloc as s 16AD
Exemption certificates
pt 2.3 hdgins A2009‑40 s 5
Meaning of full-time participation requirement—pt 2.3
s 11Gins A2009‑40 s 5
Exemption certificate—application
s 11Hins A2009‑40 s 5
am A2011‑22 amdt 1.183; A2020‑38 s 22
Exemption certificate—requirement for further information
s 12sub A2009‑40 s 5
am A2011‑22 amdt 1.183
Exemption certificate—issue
s 12Ains A2009‑40 s 5
am A2011‑22 amdt 1.183; A2024‑39 s 16; pars renum R36 LA
Exemption certificate—form
s 12Bins A2009‑40 s 5
am A2024‑39 s 17
Exemption certificate—conditions
s 12Cins A2009‑40 s 5
am A2011‑22 amdt 1.183
Exemption certificate—duration
s 12Dins A2009‑40 s 5
Exemption certificate—revocation
s 13am A2008‑20 amdt 4.38
sub A2009‑40 s 5
am A2011‑22 amdt 1.183
After year 10—training and employment alternatives
pt 2.4 hdgins A2009‑40 s 5
Definitions—pt 2.4
div 2.4.1 hdg ins A2009‑40 s 5
Meaning of training alternative and training alternative provider—Act
s 13Ains A2009‑40 s 5
am A2011‑22 amdt 1.183
Meaning of employment alternative—Act
s 13Bins A2009‑40 s 5
Meaning of full-time participation in training or employment alternative—pt 2.4
s 13Cins A2009‑40 s 5
Approval to participate in training and employment alternatives
div 2.4.2 hdg ins A2009‑40 s 5
Approval statement—application
s 13Dins A2009‑40 s 5
am A2011‑22 amdt 1.183; A2020‑38 s 22
Approval statement—requirement for further information
s 14sub A2009‑40 s 5
am A2011‑22 amdt 1.183
Approval statement—issue
s 14Ains A2009‑40 s 5
am A2011‑22 amdt 1.183; A2024‑39 s 18, s 19; pars renum R36 LA
Approval statement—form
s 14Bins A2009‑40 s 5
Approval statement—conditions
s 14Cins A2009‑40 s 5
am A2011‑22 amdt 1.183
Approval statement—compliance requirement
s 14Dins A2009‑40 s 5
am A2011‑22 amdt 1.183, amdt 1.184
Approval statement—duration
s 15sub A2009‑40 s 5
Approval statement—revocation
s 15Ains A2009‑40 s 5
am A2011‑22 amdt 1.183
Return to education while approval statement in force
s 15Bins A2009‑40 s 5
am A2011‑22 amdt 1.183
Training and employment alternatives—deemed participation
div 2.4.3 hdg ins A2009‑40 s 5
Training and employment alternatives—absence
s 15Cins A2009‑40 s 5
Training alternative—suspension
s 15Dins A2009‑40 s 5
Training alternative—exclusion
s 16sub A2009‑40 s 5
Employment alternative—termination
s 16Ains A2009‑40 s 5
Information notices
pt 2.4A hdg(prev div 2.2.3 hdg) ins A2009‑40 s 5
sub A2024‑39 s 12
renum and reloc as pt 2.4A hdg A2024‑39 s 15
Giving information notice
s 16AA(prev s 11C) ins A2009‑40 s 5
am A2011‑22 amdt 1.183; A2022-10 s 24, s 25
sub A2024‑39 s 13
renum and reloc as s 16AA A2024‑39 s 14, s 15
Contents of information notice
s 16AB(prev s 11D) ins A2009‑40 s 5
am A2011‑22 amdt 1.183
renum and reloc as s 16AB A2024‑39 s 14, s 15
Extension of time for compliance with information notice
s 16AC(prev s 11E) ins A2009‑40 s 5
am A2011‑22 amdt 1.183, amdt 1.184
renum and reloc as s 16AC A2024‑39 s 14, s 15
Revocation of information notice on compliance
s 16AD(prev s 11F) ins A2009‑40 s 5
am A2011‑22 amdt 1.183
renum and reloc as s 16AD A2024‑39 s 14
Compliance notices
pt 2.5 hdgins A2009‑40 s 5
Giving compliance notice
s 16Bins A2009‑40 s 5
am A2011‑22 amdt 1.183; A2024‑39 s 20, s 21; pars renum R36 LA
Contents of compliance notice
s 16Cins A2009‑40 s 5
am A2011‑22 amdt 1.183
Extension of time for compliance with compliance notice
s 16Dins A2009‑40 s 5
am A2011‑22 amdt 1.183, amdt 1.184
Revocation of compliance notice on compliance
s 17am A2006‑57 s 9
sub A2009‑40 s 5
am A2011‑22 amdt 1.183
Offences—parents
pt 2.6 hdgins A2009‑40 s 5
Contravention of information and compliance notices
s 17Ains A2009‑40 s 5
Suspension, transfer, expulsion and exclusion of students
ch 2A hdgins A2022-10 s 8
Suspension, transfer, expulsion and exclusion—generally
pt 2A.1 hdgins A2022-10 s 8
Meaning of unsafe or noncompliant behaviour—ch 2A
s 17Bins A2022-10 s 8
Definitions—ch 2A
s 17Cins A2022-10 s 8
def decision‑maker ins A2022-10 s 8
def delegated principal ins A2022-10 s 8
def exclude ins A2022-10 s 8
def expel ins A2022-10 s 8
def reasonable alternative ins A2022-10 s 8
def suspend ins A2022-10 s 8
def transfer ins A2022-10 s 8
Exhausting all reasonable alternatives
s 17Dins A2022-10 s 8
Communicating with students and parents
s 17Eins A2022-10 s 8
Notification not required in certain circumstances
s 17Fins A2022-10 s 8
Suspension
pt 2A.2 hdgins A2022-10 s 8
Suspension to ensure safe and effective learning environment
s 17Gins A2022-10 s 8
Suspension
s 17Hins A2022-10 s 8
Suspension—notice
s 17Iins A2022-10 s 8
Suspension—length
s 17Jins A2022-10 s 8
Suspension—government and Catholic system schools—principal’s recommendation
s 17Kins A2022-10 s 8
Suspension—involving student and parents
s 17Lins A2022-10 s 8
Suspension—student’s education and counselling
s 17Mins A2022-10 s 8
Suspension—review of student’s circumstances
s 17Nins A2022-10 s 8
Suspension—government and Catholic system schools—delegation
s 17Oins A2022-10 s 8
sub A2023‑54 s 93
Transfers between government schools
pt 2A.3 hdgins A2022-10 s 8
Transfer
s 17Pins A2022-10 s 8
Transfer—notice
s 17Qins A2022-10 s 8
Transfer—principal’s recommendation
s 17Rins A2022-10 s 8
Transfer—involving student and parents
s 17Sins A2022-10 s 8
Transfer—counselling
s 17Tins A2022-10 s 8
Expulsion from Catholic system schools and independent schools
pt 2A.4 hdgins A2022-10 s 8
Expulsion
s 17Uins A2022-10 s 8
Expulsion—notice
s 17Vins A2022-10 s 8
Expulsion—Catholic system schools—principal’s recommendation
s 17Wins A2022-10 s 8
Expulsion—involving student and parents
s 17Xins A2022-10 s 8
Expulsion—counselling
s 17Yins A2022-10 s 8
Excluding a student from a system of schools
pt 2A.5 hdgins A2022-10 s 8
Exclusion—government schools
div 2A.5.1 hdg ins A2022-10 s 8
Application—div 2A.5.1
s 17Zins A2022-10 s 8
Exclusion—government schools
s 17ZAins A2022-10 s 8
Exclusion—government schools—notice
s 17ZBins A2022-10 s 8
Exclusion—government schools—principal’s recommendation
s 17ZCins A2022-10 s 8
Exclusion—government schools—involving student and parents
s 17ZDins A2022-10 s 8
Exclusion—government schools—ongoing education and counselling
s 17ZEins A2022-10 s 8
Exclusion—Catholic system schools
div 2A.5.2 hdg ins A2022-10 s 8
Exclusion—Catholic system schools
s 17ZFins A2022-10 s 8
Exclusion—Catholic system schools—notice
s 17ZGins A2022-10 s 8
Exclusion—Catholic system schools—principal’s recommendation
s 17ZHins A2022-10 s 8
Exclusion—Catholic system schools—involving student and parents
s 17ZIins A2022-10 s 8
Exclusion—Catholic system schools—counselling
s 17ZJins A2022-10 s 8
Principles on which ch 3 based
s 18am A2006‑57 s 55
Minister to seek advice
s 19reloc and renum as s 66
Establishing government schools etc
s 20am A2006‑28 s 4; A2010‑18 amdt 3.4; A2010‑22 ss 4-7; A2011‑51 s 4; A2015‑33 amdt 1.47, amdt 1.48; A2022-10 s 26
Independent committee
s 20Ains A2010‑22 s 8
am A2022-4 amdt 1.12, amdt 1.13
Impacts of closing or amalgamating government schools
s 20B hdgsub A2022-10 s 27
s 20Bins A2010‑22 s 8
am A2022-10 s 28; A2023‑54 s 94
Operation of government schools
s 21am A2011‑22 amdt 1.183; A2020‑38 s 5; ss renum R27 LA; A2022-10 s 29; A2024‑39 s 22, s 23
Priority enrolment areas
s 21Ains A2024‑39 s 24
Investigation of complaints—government schools
s 22am A2011‑22 amdt 1.183, amdt 1.184; A2015‑16 amdt 1.9
Review of government school system
s 23am A2011‑22 amdt 1.183
Review of operation of government schools
s 24am A2011‑22 amdt 1.183
Reporting to parents—government schools
s 25am A2006‑57 s 55
Education to be free
s 26am A2020‑38 s 6; ss renum R27 LA; A2022-10 s 30, s 31
Voluntary financial contributions
s 27am A2006‑57 s 55
Religious education
s 29am A2006‑57 s 55
Curriculum
s 30am A2006‑57 s 55; A2011‑22 amdt 1.183
Approved educational courses for students at government schools
s 31 hdgam A2006‑57 s 55
s 31am A2006‑57 s 55; A2011‑22 amdt 1.183; A2022-10 s 32; A2024‑39 s 25
Keeping records of enrolment and attendances for government schools
s 33am A2006‑57 s 55; A2024‑39 s 26
Inspection of register of enrolment and attendances for government schools
s 34am A2006‑57 s 55; A2011‑22 amdt 1.183
Procedures to encourage school attendance at government schools
s 35am A2006‑57 s 55; A2024‑39 s 27
Suspension, exclusion or transfer of student by director‑general
s 36 hdgam A2006‑57 s 55; A2011‑22 amdt 1.183
s 36am A2006‑57 s 55; A2010‑7 s 4; A2011‑22 amdt 1.183, amdt 1.184
om A2022-10 s 9
Definitions for pt 3.4
s 37def money am A2011‑22 amdt 1.183
def prescribed period am A2006‑57 s 11, s 12
def school am A2011‑51 s 5
def student om A2024‑39 s 28
Establishment of school boards
s 38am A2011‑51 s 6
Functions of school boards etc
s 39am A2011‑22 amdt 1.183, amdt 1.184; A2015‑16 amdt 1.10; ss renum R20 LA
Declaration of parents and citizens associations in certain circumstances
s 40am A2006‑57 s 13, s 14; A2011‑3 amdt 3.184; A2011‑22 amdt 1.183, amdt 1.184
Composition of school boards generally
s 41 hdgsub A2006‑57 s 15
s 41am A2006‑57 s 16; A2011‑22 amdt 1.183; A2020‑38 s 7
Composition of school boards of small schools
s 42 hdgsub A2006‑57 s 17
s 42am A2006‑57s 18; A2011‑22 amdt 1.183; A2020‑38 s 8
Composition of school boards of school-related institutions and other schools in special circumstances
s 43 hdgsub A2006‑57 s 19
s 43am A2006‑57 s 20; A2011‑3 amdt 3.185; A2011‑22 amdt 1.183
Ending of appointment of members of school board
s 44am A2011‑22 amdt 1.183
Chairperson and deputy chairperson of school boards
s 45am A2011‑22 amdt 1.183
School boards to take part in selection of school principals
s 46am A2011‑22 amdt 1.183
Time and place of meetings of school boards
s 47am A2011‑22 amdt 1.183
Procedures governing proceedings of school boards
s 48am A2006‑57 s 21
Disclosure of interests by members of school boards
s 49am A2011‑22 amdt 1.183
Protection of members of school boards
s 49A(prev s 72) reloc and renum as s 49A A2006‑57 s 26
School boards to approve budgets
s 50am A2011‑22 amdt 1.183
School boards to approve financial statement and report
s 52am A2011‑22 amdt 1.183; A2020‑38 s 22
Government Schools Education Council
pt 3.5 hdgom A2015‑18 s 4
Establishment and membership
div 3.5.1 hdg om A2015‑18 s 4
Establishment of council (government)
s 54om A2015‑18 s 4
Functions of council (government)
s 55am A2006‑57 s 22
om A2015‑18 s 4
Membership of council (government)
s 56am A2011‑22 amdt 1.183
om A2015‑18 s 4
Appointed members of council (government)
s 57om A2015‑18 s 4
Deputy chairperson of council (government)
s 58om A2015‑18 s 4
Term of appointment to council (government)
s 59om A2015‑18 s 4
Ending of appointment to council (government)
s 60om A2015‑18 s 4
Conditions of appointment generally of appointed members
s 61om A2015‑18 s 4
Arrangements for staff
s 62am A2011‑22 amdt 1.178, amdt 1.183, amdt 1.184
om A2015‑18 s 4
Proceedings of council (government)
div 3.5.2 hdg om A2015‑18 s 4
Time and place of meetings of council (government)
s 63am A2011‑22 amdt 1.183
om A2015‑18 s 4
Procedures governing proceedings of council (government)
s 64om A2015‑18 s 4
Disclosure of interests by members of council (government)
s 65om A2015‑18 s 4
Other provisions relating to council (government)
div 3.5.3 hdg ins A2006‑57 s 23
om A2015‑18 s 4
Minister to seek advice
s 66orig s 66 om A2006‑57 s 24
(prev s 19) reloc and renum as s 66 A2006‑57 s 10
om A2015‑18 s 4
Minister to present advice of council (government)
s 66A(prev s 73) reloc and renum as s 66A A2006‑57 s 27
om A2015‑18 s 4
Appointment of authorised persons (government)
s 67am A2010‑18 amdt 1.14; A2011‑22 amdt 1.183; A2012‑21 amdt 3.54, amdt 3.55; A2023‑54 s 95
Identity cards for authorised persons (government)
s 68am A2011‑22 amdt 1.183; A2022‑14 amdt 3.66
Power not to be exercised before identity card shown etc
s 69am A2022‑14 amdt 3.67
Miscellaneous
div 3.6.3 hdg om A2006‑57 s 25
Non‑government schools
ch 4 hdgsub A2022-10 s 33
Non‑government schools—principles
pt 4.1 hdgsub A2022-10 s 33
Principles—ch 4
s 72orig s 72
reloc and renum as s 49A
pres s 72
ins A2022-10 s 33
Non‑government schools—administration
pt 4.2 hdgsub A2022-10 s 33
Registrar of non‑government schools
div 4.2.1 hdg ins A2022-10 s 33
Registrar—appointment
s 73orig s 73
reloc and renum as s 66A
pres s 73
ins A2022-10 s 33
Registrar—functions
s 74sub A2022-10 s 33
Registration standards advisory board
div 4.2.2 hdg ins A2022-10 s 33
Registration standards advisory board—establishment
s 75sub A2022-10 s 33
Registration standards advisory board—functions
s 76orig s 76
reloc and renum as s 118
pres s 76
ins A2022-10 s 33
Registration standards advisory board—advice to Minister
s 77am A2022-4 amdt 1.14
sub A2022-10 s 33
Registration standards advisory board—membership
s 78sub A2022-10 s 33
Registration standards advisory board—term of appointment
s 79sub A2006‑57 s 29
am A2011‑22 amdt 1.183
sub A2022-10 s 33
Registration standards advisory board—ending appointment
s 80sub A2022-10 s 33
Registration standards advisory board—facilities etc
s 81 hdgam A2006‑57 s 55
s 81am A2006‑57 s 55
sub A2022-10 s 33
Registration standards advisory board—conduct of meetings
s 82am A2006‑57 s 30, s 55; ss renum R4 LA
sub A2022-10 s 33
Registration standards advisory board—disclosure of interests
s 83am A2006‑57 s 31, s 32; pars renum R4 LA; A2009‑20 amdt 3.63; A2010‑18 amdt 1.15; A2011‑3 amdt 3.186; A2011‑22 amdt 1.183; A2015‑33 amdt 1.49, amdt 1.50; A2020‑38 s 22
sub A2022-10 s 33
Non‑government schools—registration
pt 4.3 hdgsub A2022-10 s 33
Non‑government schools registration standards
div 4.3.1 hdg ins A2022-10 s 33
Non‑government schools registration standards
s 84am A2006‑57 s 33, s 34; ss renum R4 LA; A2011‑3 amdt 3.187; A2011‑22 amdt 1.183
sub A2022-10 s 33
Extending in-principle approval—COVID-19 emergency
s 84Ains A2020‑14 amdt 1.59
am A2021-1 amdt 1.19
om A2022-10 s 33
Registration standards guidelines
s 85am A2009‑20 amdt 3.63; A2010‑18 amdt 1.16; A2011‑3 amdt 3.188; A2011‑22 amdt 1.183; A2015‑33 amdt 1.51; A2020‑38 s 22
sub A2022-10 s 33
In‑principle approval for registration
div 4.3.2 hdg ins A2022-10 s 33
In‑principle approval—application
s 86am A2019‑4 s 8; A2020‑38 s 9; pars renum R27 LA
sub A2022-10 s 33
am A2024‑39 s 29
In‑principle approval—further information
s 87am A2009‑20 amdt 3.63; A2010‑18 amdt 1.17; A2011‑3 amdt 3.189; A2011‑22 amdt 1.183; A2015‑33 amdt 1.52; A2020‑38 s 22
sub A2022-10 s 33
In‑principle approval—decision on application
s 88am A2019‑4 s 9; A2020‑38 s 10; pars renum R27 LA
sub A2022-10 s 33
am A2024‑39 s 30; pars renum R36 LA
Extending registration—COVID-19 emergency
s 88AAins A2020‑14 amdt 1.60
am A2021-1 amdt 1.19
om A2022-10 s 33
Application for registration at additional campus
s 88Ains A2006‑57 s 35
am A2009‑20 amdt 3.63; A2010‑18 amdt 1.18; A2011‑3 amdt 3.190; A2011‑22 amdt 1.183; A2015‑33 amdt 1.53; A2020‑38 s 22
om A2022-10 s 33
Registration at additional campus
s 88Bins A2006‑57 s 35
am A2020‑38 s 11; pars renum R27 LA
om A2022-10 s 33
Registration
div 4.3.3 hdg ins A2022-10 s 33
Registration—application
s 89am A2009‑20 amdt 3.63; A2010‑18 amdt 1.19; A2011‑3 amdt 3.191; A2011‑22 amdt 1.183; A2015‑33 amdt 1.54; A2020‑38 s 22
sub A2022-10 s 33
Registration—further information
s 90am A2020‑38 s 12, s 13; pars renum R27 LA
sub A2022-10 s 33
Registration—referral to registration standards advisory board
s 91am A2019‑4 s 10; A2020‑38 s 14; pars renum R27 LA
sub A2022-10 s 33
am A2024‑39 s 31
Registration—decision on application
s 92am A2006‑57 s 36
sub A2022-10 s 33
Registration—conditions
s 93sub A2022-10 s 33
am A2024‑39 s 32; pars renum R36 LA
Registration—duration
s 94sub A2022-10 s 33
Registration—register and registration certificate
s 95am A2019‑4 s 11
sub A2022-10 s 33
am A2024‑39 s 33
Amending registration
div 4.3.4 hdg ins A2022-10 s 33
Proprietor must tell registrar about notifiable changes
s 96am A2011‑3 amdt 3.192; A2020‑38 s 22
sub A2022-10 s 33
am A2024‑39 s 34, s 35; pars renum R36 LA
Proprietor must apply for registrable changes
s 97am A2019‑4 s 12; A2020‑38 s 15; pars renum R27 LA
sub A2022-10 s 33
am A2024‑39 s 36; pars renum R36 LA
Registration amendment—application
s 98am A2006‑57 s 37; pars renum R4 LA; A2011‑22 amdt 1.183
sub A2022-10 s 33
am A2024‑39 s 37, s 38; pars renum R36 LA; A2025‑10 s 4
(4), (5) exp 1 January 2026 (s 98 (5))
Registration amendment—further information
s 99sub A2022-10 s 33
Registration amendment—referral to registration standards advisory board
s 100am A2006‑57 s 55
sub A2022-10 s 33
am A2024‑39 s 39
Registration amendment—decision on application
s 101am A2006‑57 s 55; A2011‑22 amdt 1.183
sub A2022-10 s 33
am A2024‑39 s 40; pars renum R36 LA
Registration amendment—conditions
s 102am A2006‑57 s 55
sub A2022-10 s 33
Urgent temporary change
s 103am A2006‑57 s 55
sub A2022-10 s 33
Registration offences
div 4.3.5 hdg ins A2022-10 s 33
Offence—operate unregistered non‑government school
s 104 hdgsub A2006‑57 s 38
s 104am A2006‑57 s 55; A2010‑7 s 5
om A2022-10 s 10
ins A2022-10 s 33
Provide distance education without being registered school
s 104Ains A2024‑39 s 41
Offence—operate registered school other than within scope of registration
s 105 hdgam A2006‑57 s 55
s 105am A2006‑57 s 55
om A2022-10 s 10
ins A2022-10 s 33
am A2024‑39 s 42; ss renum R36 LA
Register of non‑government schools
div 4.3.6 hdg ins A2022-10 s 33
Register of registered non‑government schools
s 106am A2006‑57 s 39
om A2015‑18 s 5
ins A2022-10 s 33
am A2024‑39 s 43
Proprietor must update details
s 107am A2006‑57 s 39
om A2015‑18 s 5
ins A2022-10 s 33
Non‑government schools—registration reviews
pt 4.4 hdgom A2015‑18 s 5
ins A2022-10 s 33
Reasons to carry out registration review
div 4.4.1 hdg om A2015‑18 s 5
ins A2022-10 s 33
Meaning of registration review—ch 4
s 108om A2015‑18 s 5
ins A2022-10 s 33
Annual registration review program
s 109om A2015‑18 s 5
ins A2022-10 s 33
Registration review after concern raised
s 110om A2015‑18 s 5
ins A2022-10 s 33
Registrar to report concerns to registration standards advisory board
s 111om A2015‑18 s 5
ins A2022-10 s 33
Reasons to not carry out registration review
div 4.4.2 hdg om A2015‑18 s 5
ins A2022-10 s 33
Concern raised is frivolous etc
s 112om A2015‑18 s 5
ins A2022-10 s 33
Concern withdrawn
s 113om A2015‑18 s 5
ins A2022-10 s 33
Referral to school
s 114am A2011‑22 amdt 1.179, amdt 1.183, amdt 1.184
om A2015‑18 s 5
ins A2022-10 s 33
Referral to another entity
s 115om A2015‑18 s 5
ins A2022-10 s 33
Carrying out registration review
div 4.4.3 hdg ins A2006‑57 s 40
om A2015‑18 s 5
ins A2022-10 s 33
Registration review procedure
s 116om A2015‑18 s 5
ins A2022-10 s 33
Registration review guidelines
s 117om A2015‑18 s 5
ins A2022-10 s 33
Request for further information or verification
s 118orig s 118 om A2006‑57 s 41
(prev s 76) reloc and renum as s 118 A2006‑57 s 28
om A2015‑18 s 5
ins A2022-10 s 33
Minister to present advice of council (non-government)
s 118A(prev s 127) reloc and renum as s 118A A2006‑57 s 44
om A2015‑18 s 5
Registrar’s action on completing registration review
s 119am A2010‑18 amdt 1.20; A2011‑22 amdt 1.183
sub A2022-10 s 33
Compliance directions
div 4.4.4 hdg ins A2022-10 s 33
Identity cards for authorised persons (non-government)
s 120am A2011‑22 amdt 1.183
sub A2022-10 s 33
Regulatory action
div 4.4.5 hdg ins A2022-10 s 33
Meaning of regulatory action—ch 4
s 121sub A2022-10 s 33
Grounds for taking regulatory action
s 122sub A2022-10 s 33
Registrar—referral to registration standards advisory board
s 123sub A2022-10 s 33
Notification of proposed regulatory action
s 124sub A2022-10 s 33
Minister—referral to registration standards advisory board
s 125sub A2022-10 s 33
Taking regulatory action
s 125Ains A2022-10 s 33
When cancellation takes effect
s 125Bins A2022-10 s 33
Not taking regulatory action
s 125Cins A2022-10 s 33
Non‑government schools—approved educational courses and registers of enrolments and attendances
pt 4.5 hdgsub A2022-10 s 33
Authorised persons (non‑government)
div 4.5.1 hdg om A2022-10 s 33
Inspection powers for non‑government schools
div 4.5.2 hdg om A2022-10 s 33
Miscellaneous
div 4.5.3 hdg om A2006‑57 s 42
Approved educational courses—registered schools
s 125Dins A2022-10 s 33
am A2024‑39 s 44
Meaning of register of enrolments and attendances—pt 4.5
s 125Eins A2022-10 s 33
am A2024‑39 s 45, s 46
Keeping register of enrolments and attendances—registered schools
s 125Fins A2022-10 s 33
Producing registers of enrolments and attendances—registered schools
s 125Gins A2022-10 s 33
Keeping registers of enrolments and attendances—approved educational courses (non‑government)
s 125Hins A2022-10 s 33
Producing registers of enrolments and attendances—approved educational courses (non‑government)
s 125Iins A2022-10 s 33
Nonattendance at registered schools
s 125Jins A2022-10 s 33
om A2024‑39 s 47
Non‑government schools—authorised people
pt 4.6 hdgins A2022-10 s 33
Preliminary
div 4.6.1 hdg ins A2022-10 s 33
Definitions—pt 4.6
s 125Kins A2022-10 s 33
def connected ins A2022-10 s 33
def occupier ins A2022-10 s 33
def offence ins A2022-10 s 33
def premises ins A2022-10 s 33
Authorised people (non‑government)—generally
div 4.6.2 hdg ins A2022-10 s 33
Meaning of authorised person (non‑government)
s 125Lins A2022-10 s 33
Appointment
s 125Mins A2022-10 s 33
Authorised people (non‑government)—functions
s 125Nins A2022-10 s 33
Identity cards
s 125Oins A2022-10 s 33
Authorised person (non‑government) must show identity card on exercising power of entry
s 125Pins A2022-10 s 33
Powers
div 4.6.3 hdg ins A2022-10 s 33
Entry to premises
s 125Qins A2022-10 s 33
Production of identity card
s 125Rins A2022-10 s 33
Consent to entry
s 125Sins A2022-10 s 33
General powers on entry to premises
s 125Tins A2022-10 s 33
Power to obtain information
s 125Uins A2022-10 s 33
Abrogation of privilege against self‑incrimination
s 125Vins A2022-10 s 33
Warning to be given
s 125Wins A2022-10 s 33
School education advisory committee
ch 4A hdgins A2015‑18 s 6
Establishment of advisory committee
s 126om A2006‑57 s 43
ins A2015‑18 s 6
Appointment of chair and members
s 127orig s 127
reloc and renum as s 118A
pres s 127
ins A2015‑18 s 6
Reimbursement of member’s expenses
s 127Ains A2015‑18 s 6
Advisory committee—terms of reference and procedures
s 127Bins A2015‑18 s 6
Distance education
ch 4B hdgins A2024‑39 s 48
Meaning of distance education
s 127BAins A2024‑39 s 48
Provision of distance education
s 127BBins A2024‑39 s 48
Distance education policy
s 127BCins A2024‑39 s 48
Distance education determination
s 127BDins A2024‑39 s 48
Eligibility for distance education
s 127BEins A2024‑39 s 48
Definitions—ch 5
s 127Cins A2019-47 s 5
def home education report ins A2019-47 s 5
def new registration ins A2019-47 s 5
Registration—home education
pt 5.2 hdg note ins A2019-47 s 6
Meaning of home education
s 129om A2019-47 s 7
Provisional registration for home education
s 130sub A2006‑57 s 45
am A2011‑3 amdt 3.193; A2011‑22 amdt 1.183
om A2019-47 s 8
Registration for home education
s 131am A2006‑57 s 46; A2011‑22 amdt 1.183; A2019-47 ss 9-11
Conditions of registration for home education
s 132am A2011‑22 amdt 1.183
sub A2019-47 s 12
Registration of child
s 133am A2006‑57 s 47, s 48; A2011‑22 amdt 1.183
Cancellation of registration for home education
s 135am A2011‑22 amdt 1.183, amdt 1.184
Renewal of registration for home education
s 137am A2011‑3 amdt 3.194; A2011‑22 amdt 1.183; A2019-47 ss 13-16; A2020‑38 s 22
Home education reports
s 138am A2011‑22 amdt 1.183
sub A2019-47 s 17
Home education register
s 139am A2011‑22 amdt 1.183; A2019-47 s 18
Notification and review of decisions
pt 6.1 hdgsub A2008‑37 amdt 1.131
Definitions—pt 6.1
s 140sub A2008‑37 amdt 1.131
def decision-maker ins A2008‑37 amdt 1.131
am A2011‑22 amdt 1.183
def internally reviewable decision ins A2008‑37 amdt 1.131
am A2011‑22 amdt 1.183
def internal reviewer ins A2008‑37 amdt 1.131
def internal review notice ins A2008‑37 amdt 1.131
def reviewable decision ins A2008‑37 amdt 1.131
am A2011‑22 amdt 1.183
Internal review notices
s 141sub A2008‑37 amdt 1.131
Applications for internal review
s 142sub A2008‑37 amdt 1.131
am A2020‑38 s 22; A2022‑14 amdt 3.68
Applications not stay reviewable decisions
s 143sub A2008‑37 amdt 1.131
Internal review
s 144sub A2008‑37 amdt 1.131
am A2023‑54 s 96; ss renum R33 LA
Reviewable decision notices
s 145sub A2008‑37 amdt 1.131
am A2011‑22 amdt 1.183
Applications to ACAT
s 145Ains A2008‑37 amdt 1.131
Information sharing
pt 6.1A hdgins A2019‑4 s 13
Meaning of young person—pt 6.1A
s 145Bins A2019‑4 s 13
Director-general may give certain information to other States
s 145Cins A2019‑4 s 13
am A2020‑38 s 16, s 17; ss renum R27 LA
Director-general may ask for certain information from other States
s 145Dins A2019‑4 s 13
Consent not required in certain circumstances
s 145Eins A2019‑4 s 13
Preschools
s 146am A2011‑22 amdt 1.183
om A2011‑51 s 7
Student transfer register
s 146Ains A2009‑40 s 6
am A2011‑22 amdt 1.183
om A2022-10 s 11
Offences on school premises
s 147am A2022-10 s 34
Notification of parents
s 149am A2006‑57 s 55
Gifts and donations
s 151am A2011‑3 amdt 3.195
Education trust fund
s 152am A2011‑22 amdt 1.180, amdt 1.183
Notices of intention under former education Act to conduct schools at additional educational levels
s 153exp 1 January 2015 (s 153 (5))
Evidence—certificate signed by principal etc
s 153Ains A2009‑40 s 7
am A2022-10 s 35; ss renum R31 LA
Declaration—COVID-19 emergency
s 153Bins A2020‑14 amdt 1.61
am A2021-1 amdt 1.19; A2022-10 s 36; pars renum R31 LA
exp 29 September 2023 (s 153B (7))
Extending in‑principle approval—COVID‑19 emergency
s 153Cins A2022-10 s 37
exp 29 September 2023 (s 153C (3))
Transitional provisions
ch 7 hdgexp 1 January 2006 (s 171)
Assets and liabilities of former authority
pt 7.1 hdgexp 1 January 2006 (s 171)
Regulation-making power
s 155am A2020‑38 s 18; A2022-10 s 38; A2024‑39 s 49
Meaning of former authority
s 156exp 1 January 2006 (s 171)
Vesting of assets and liabilities of former authority in Territory
s 157exp 1 January 2006 (s 171)
Evidentiary certificate for vested assets and liabilities
s 158exp 1 January 2006 (s 171)
Registration of changes in title to certain assets
s 159exp 1 January 2006 (s 171)
Proceedings and evidence in relation to vested assets and liabilities
s 160exp 1 January 2006 (s 171)
General savings
pt 7.2 hdgexp 1 January 2006 (s 171)
Interpretation
div 7.2.1 hdg exp 1 January 2006 (s 171)
Definitions for pt 7.3
s 161exp 1 January 2006 (s 171)
Former authority Act
div 7.2.2 hdg exp 1 January 2006 (s 171)
Existing schools etc
s 162exp 1 January 2006 (s 171)
Name of schools, institutions and services
s 163exp 1 January 2006 (s 171)
School boards
s 164exp 1 January 2006 (s 171)
Parents and citizens associations
s 165exp 1 January 2006 (s 171)
Members of school boards
s 166exp 1 January 2006 (s 171)
Former education Act
div 7.2.3 hdg exp 1 January 2006 (s 171)
Exemption certificates
s 167exp 1 January 2006 (s 171)
Existing registered and provisionally registered schools
s 168exp 1 January 2006 (s 171)
Registers
s 169exp 1 January 2006 (s 171)
Miscellaneous
pt 7.3 hdgexp 1 January 2006 (s 171)
Modification of ch 7’s operation
s 170exp 1 January 2006 (s 171)
Expiry of ch 7
s 171exp 1 January 2006 (s 171)
Declared law for Legislation Act, s 88
s 172exp 1 January 2006 (s 171)
Repeals and consequential amendments
ch 8 hdgom LA s 89 (3)
Acts repealed
s 173om LA s 89 (3)
Regulations repealed
s 174om LA s 89 (3)
Legislation amended—sch 2
s 175om LA s 89 (3)
Transitional—Education (Participation) Amendment Act 2009
ch 9 hdgins A2009‑40 s 8
exp 1 January 2012 (s 303 (1) (LA s 88 declaration applies))
Meaning of amending Act—ch 9
s 300ins A2009‑40 s 8
exp 1 January 2012 (s 303 (1) (LA s 88 declaration applies))
Application of amending Act
s 301ins A2009‑40 s 8
exp 1 January 2012 (s 303 (1) (LA s 88 declaration applies))
Transitional regulations
s 302ins A2009‑40 s 8
exp 1 January 2012 (s 303 (1))
Expiry—ch 9
s 303ins A2009‑40 s 8
exp 1 January 2012 (s 303 (1) (LA s 88 declaration applies))
Transitional—Education Amendment Act 2022
ch 10 hdgins A2022-10 s 12
exp 20 December 2023 (s 313 (2))
Education Amendment Act 2022—part 2
pt 10.1 hdgins A2022-10 s 12
exp 20 December 2023 (s 313 (1))
Definitions—pt 10.1
s 304ins A2022-10 s 12
exp 20 December 2023 (s 313 (1))
Government school suspensions
s 305ins A2022-10 s 12
exp 20 December 2023 (s 313 (1))
Government school immediate suspensions
s 306ins A2022-10 s 12
exp 20 December 2023 (s 313 (1))
Government school exclusions
s 307ins A2022-10 s 12
exp 20 December 2023 (s 313 (1))
Non‑government school suspensions
s 308ins A2022-10 s 12
exp 20 December 2023 (s 313 (1))
Non‑government school immediate suspensions
s 309ins A2022-10 s 12
exp 20 December 2023 (s 313 (1))
Catholic systemic schools exclusions
s 310ins A2022-10 s 12
exp 20 December 2023 (s 313 (1))
Student transfer register
s 311ins A2022-10 s 12
exp 20 December 2023 (s 313 (1))
Education Amendment Act 2022—pt 3
pt 10.1A hdg ins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Definitions—pt 10.1A
s 311Ains A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Appointment of registrar
s 311Bins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Register of non‑government schools
s 311Cins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Application for in‑principle approval for provisional registration of school
s 311Dins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Application for in‑principle approval for registration of school at additional campus—generally
s 311Eins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Application for in‑principle approval for registration of school at additional campus—within 2 years
s 311Fins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Application for in‑principle approval for registration of school at additional educational level—generally
s 311Gins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Application for in‑principle approval for registration of school at additional educational level—within 2 years
s 311Hins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
In‑principle approval for provisional registration of school
s 311Iins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Application for provisional registration of school
s 311Jins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Provisional registration of a school
s 311Kins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Application for registration of school
s 311Lins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Registration of school
s 311Mins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Application for registration of school at additional campus—generally
s 311Nins A2022-10 s 39; pars renum R31 LA
exp 20 December 2023 (s 313 (2))
Application for registration of school at additional campus—within 2 years
s 311Oins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Application for registration of school at additional educational level—generally
s 311Pins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Application for registration of school at additional educational level—within 2 years
s 311Qins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Grounds for regulatory action
s 311Rins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Register of enrolments and attendances—non‑government schools
s 311Sins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Appointment of authorised persons (non-government)
s 311Tins A2022-10 s 39
exp 20 December 2023 (s 313 (2))
Transitional regulations
pt 10.2 hdgins A2022-10 s 12
exp 20 December 2023 (s 313 (2))
Transitional regulations
s 312ins A2022-10 s 12
exp 20 December 2023 (s 313 (2))
Expiry
pt 10.3 hdgins A2022-10 s 12
exp 20 December 2023 (s 313 (2))
Expiry—ch 10
s 313ins A2022-10 s 12
sub A2022-10 s 40
exp 20 December 2023 (s 313 (2))
Transitional—Education Amendment Act 2024
ch 11 hdgins A2024‑39 s 50
exp 1 January 2027 (s 317)
Definitions—ch 11
s 314ins A2024‑39 s 50
exp 1 January 2027 (s 317)
Distance education provided by school outside ACT
s 315ins A2024‑39 s 50
exp 1 January 2027 (s 317)
Transitional regulations
s 316ins A2024‑39 s 50
exp 1 January 2027 (s 317)
Expiry—ch 11
s 317ins A2024‑39 s 50
exp 1 January 2027 (s 317)
Reviewable decisions
sch 1sub A2008‑37 amdt 1.132
am A2009‑40 s 9; items renum R9 LA; A2011‑22 amdt 1.183; A2020‑38 s 21; items renum R27 LA; A2022-10 s 13, s 41; items renum R31 LA; A2024‑39 s 51
Minister’s decisions
sch 1 pt 1.1am A2006‑57 s 50; items renum R4 LA
om A2008‑37 amdt 1.132
Chief executive’s decisions
sch 1 pt 1.2am A2006‑57 s 51, s 55
om A2008‑37 amdt 1.132
Consequential amendments
sch 2om LA s 89 (3)
Dictionary
dictam A2008‑37 amdt 1.133, amdt 1.134; A2009‑20 amdt 3.64; A2009‑40 s 10; A2010‑18 amdt 1.21; A2011‑22 amdt 1.181, amdt 1.182; A2012‑21 amdt 3.56; A2015‑33 amdt 1.55; A2020‑38 s 19; A2022-10 s 42
def Aboriginal or Torres Strait Islander person ins A2023‑54 s 97
def advisory committee ins A2015‑18 s 7
def appointed member am A2006‑57 s 52; A2015‑18 s 8
def approval statement ins A2009‑40 s 11
def approved educational course sub A2022-10 s 43
def approved educational course (government) am A2006‑57 s 55; A2015-15 amdt 3.26
sub A2022-10 s 43
def approved educational course (non-government) am A2006‑57 s 55; A2015-15 amdt 3.27
sub A2022-10 s 43
def at ins A2022-10 s 14
def authorised person (government) am A2015-15 amdt 3.28
def authorised person (non-government) am A2015-15 amdt 3.29
sub A2022-10 s 43
def board appointed member am A2006‑57 s 52
def boarding facilities ins A2020‑38 s 20
om A2022-10 s 44
def carer om A2023‑54 s 98
def Catholic system school ins A2022-10 s 14
def community member om A2015‑18 s 9
def completes year 10 ins A2009‑40 s 11
def completes year 12 ins A2009‑40 s 11
def compliance direction ins A2022-10 s 45
def compliance notice ins A2009‑40 s 11
def compulsory education age sub A2022-10 s 15
def compulsory school age sub A2009‑40 s 12
def connected ins A2022-10 s 45
def contact details ins A2022-10 s 45
def corporal punishment om A2022‑14 amdt 3.69
def council om A2015‑18 s 9
def council (government) om A2015‑18 s 9
def council (non-government) om A2015‑18 s 9
def decision-maker ins A2015-15 amdt 3.30
sub A2022-10 s 16
def delegated principal ins A2022-10 s 16
def director of Catholic education ins A2022-10 s 17
def distance education ins A2024‑39 s 52
def distance education policy ins A2024‑39 s 52
def education course ins A2009‑40 s 13
def education member om A2015‑18 s 9
def education provider ins A2009‑40 s 13
def employment alternative ins A2009‑40 s 13
def exclude ins A2022-10 s 17
def exclusion am A2006‑57 s 55
om A2022-10 s 18
def exemption certificate sub A2009‑40 s 14; A2015-15 amdt 3.31
def expel ins A2022-10 s 19
def full-time participation ins A2009‑40 s 15
def full-time participation requirement ins A2009‑40 s 15
def governing body ins A2022-10 s 45
def government-funded preschool program ins A2023‑54 s 98
def government or non-government school ins A2022-10 s 45
def government school sub A2011‑51 s 8
def home education sub A2019-47 s 19
def home education report ins A2019-47 s 20
def independent school ins A2022-10 s 19
def information notice ins A2009‑40 s 15
sub A2024‑39 s 53
def in-principle approval sub A2022-10 s 46
def internally reviewable decision ins A2008‑37 amdt 1.135
def internal reviewer sub A2008‑37 amdt 1.136
def internal review notice ins A2008‑37 amdt 1.137
def key individual ins A2022-10 s 47
def levels of education ins A2022-10 s 47
def new registration ins A2019-47 s 20
def non-government school sub A2022-10 s 48
def notice of regulatory action ins A2022-10 s 49
def notifiable change ins A2022-10 s 49
def occupier ins A2022-10 s 49
def offence ins A2022-10 s 49
def parents and citizens member am A2006‑57 s 52
def participates ins A2009‑40 s 15
def permanent resident ins A2022-10 s 49
def premises ins A2022-10 s 49
def preschool program ins A2023‑54 s 98
def principal ins A2022-10 s 19
def priority enrolment area ins A2024‑39 s 54
def proposed campus ins A2022-10 s 49
def proposed change day ins A2022-10 s 49
def proposed opening day am A2006‑57 s 53; A2015-15 amdt 3.32
om A2022-10 s 50
def proposed starting day ins A2022-10 s 51
def proprietor ins A2022-10 s 51
def registered campus ins A2022-10 s 51
def registered non-government school sub A2022-10 s 52
def registered school ins A2022-10 s 53
def register of enrolments and attendances sub A2015-15 amdt 3.33; A2022-10 s 54
def register of non-government schools sub A2022-10 s 54
def registrable change ins A2022-10 s 55
def registrar am A2015-15 amdt 3.34
sub A2022-10 s 56
def registration conditions ins A2022-10 s 57
def registration review ins A2022-10 s 57
def registration review guidelines ins A2022-10 s 57
def registration standards ins A2022-10 s 57
def registration standards advisory board ins A2022-10 s 57
def regulated activity ins A2024‑39 s 54
def regulatory action ins A2022-10 s 57
def reviewable decision sub A2008‑37 amdt 1.138
def school am A2009‑40 s 16
sub A2011‑51 s 9; A2022-10 s 58
def school board am A2015-15 amdt 3.35
def school day ins A2022-10 s 19
def school-leaving age om A2009‑40 s 17
def school-related institution sub A2015-15 amdt 3.36
def show cause notice ins A2022-10 s 59
def staff member am A2006‑57 s 53
def student sub A2024‑39 s 55
def student member am A2006‑57 s 53
om A2022-10 s 60
def student movement register ins A2022-10 s 19
def suspend ins A2022-10 s 19
def suspension notice ins A2022-10 s 19
def training alternative ins A2009‑40 s 18
def training alternative provider ins A2009‑40 s 18
def transfer ins A2022-10 s 19
def transferring school ins A2022-10 s 19
def unsafe or noncompliant ins A2022-10 s 19
def young person ins A2019‑4 s 14
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 Jan 20051 Jan 2005–
1 Jan 2006not amended new Act R2
2 Jan 20062 Jan 2006–
15 June 2006not amended commenced expiry R3
16 June 200616 June 2006–
19 Dec 2006A2006‑28 amendments by A2006‑28 R4
20 Dec 200620 Dec 2006–
26 Oct 2008A2006‑57 amendments by A2006‑57 R5
27 Oct 200827 Oct 2008–
1 Feb 2008A2008‑37 amendments by A2008‑20 R6
2 Feb 20092 Feb 2009–
26 Feb 2009A2008‑37 amendments by A2008‑37 R7
27 Feb 200927 Feb 2009–
21 Sept 2009A2008‑37 amendments by A2008‑20 R8
22 Sept 200922 Sept 2009–
31 Dec 2009A2009‑20 amendments by A2009‑20 R9
1 Jan 20101 Jan 2010–
3 Mar 2010A2009‑40 amendments by A2009‑40 R10
4 Mar 20104 Mar 2010–
2 June 2010A2010‑7 amendments by A2010‑7 R11
3 June 20103 June 2010–
6 July 2010A2010‑18 amendments by A2010‑18 R12
7 July 20107 July 2010–
28 Feb 2011A2010‑22 amendments by A2010‑22 R13
1 Mar 20111 Mar 2011–
30 June 2011A2011‑3 amendments by A2011‑3 R14
1 July 20111 July 2011–
31 Dec 2011A2011‑22 amendments by A2011‑22 R15
1 Jan 20121 Jan 2012–
1 Jan 2012A2011‑51 amendments by A2011‑51 R16
2 Jan 20122 Jan 2012–
4 June 2012A2011‑51 expiry of transitional provisions (ch 9) R17
5 June 20125 June 2012–
19 Nov 2014A2012‑21 amendments by A2012‑21 R18
20 Nov 201420 Nov 2014‑
1 Jan 2015A2014‑48 amendments by A2014‑48 R19
2 Jan 20152 Jan 2015‑
2 June 2015A2014‑48 expiry of provision (s 153) R20
3 June 20153 June 2015–
9 June 2015A2015‑16 amendments by A2015‑16 R21
10 June 201510 June 2015–
30 June 2015A2015‑16 amendments by A2015‑15 R22
1 July 20151 July 2015–
13 Oct 2015A2015-18 amendments by A2015-18 R23
14 Oct 201514 Oct 2015–
4 Mar 2019A2015-33 amendments by A2015-33 R24
5 Mar 20195 Mar 2019–
13 May 2020A2019-4 amendments by A2019-4 R25
14 May 202014 May 2020–
8 June 2020A2020‑14 amendments by A2020‑14 R26
9 June 20209 June 2020–
31 Dec 2020A2020‑14 amendments by A2019-47 R27
1 Jan 20211 Jan 2021–
19 Feb 2021A2020-38 amendments by A2020-38 R28
20 Feb 202120 Feb 2021–
5 Apr 2022A2021‑1 amendments by A2021‑1 R29
6 Apr 20226 Apr 2022–
23 Aug 2022A2022‑4 amendments by A2022‑4 R30
24 Aug 202224 Aug 2022–
19 Dec 2022A2022‑14 amendments by A2022‑14 R31
20 Dec 202220 Dec 2022–
29 Sept 2023A2022‑14 amendments by A2022‑10 R32
30 Sept 202330 Sept 2023–
11 Dec 2023A2022‑14 expiry of provisions (s 153B, s 153C) R33
12 Dec 202312 Dec 2023–
20 Dec 2023A2023‑54 amendments by A2023‑54 R34
21 Dec 202321 Dec 2023–
31 Dec 2023A2023‑54 expiry of transitional provisions (ch 10) R35
1 Jan 20241 Jan 2024–
31 Dec 2024A2023‑54 amendments by A2023‑54 R36
1 Jan 20251 Jan 2025–
15 Apr 2025A2024‑39 amendments by A2024‑39
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2025
0
0
0