Education Act Amendment Act 1984 (Qld)

3 Qunuslaub ANNO TRICESIMO SECUNDO ELIZA ET AE SECU ND AE .E I AE No. of 1984 An Act to am end the Educati on Act 1964-1974 in certain particulars [PASSED THIRD READING 13TH DECEMBER, 1983; ASSENTED TO 6TH JANUARY, 1984]

4 Education Act Amendment Act 1984, No. 2 BE IT ENACTED by the Queen's...Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. Short title and citation . (1) This Act may be cited as the Education Act Amendment Act 1984. 2. Principal Act and citation as amended . (1) In this Act the EducationAct1964-1974 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Education Act1964-1984. 3. Amendment of long title . The Principal Act is amended by in the long title inserting after the word " Education " the words " and for other purposes ". 4. Amendment of s. 2. Parts and Divisions . Section 2 of the Principal Act is amended by- (a) inserting after the heading " Division I-General;" where secondly occurring the heading " Division IA-Pre-school Education;"; (b) in the heading " PART V-TECHNICAL AND AGRICULTURAL EDUCATION;" omitting the word " AGRICULTURAL " and substituting the word " FURTHER ". 5. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by- (a) omitting the definitions " Blind " and " Deaf "; (b) in the definition " Financial year ", inserting after the words " Teacher Education " the words " or the Board of Secondary School Studies "; (c) inserting after the definition " Full-time member " the following definition:- " Hannddiiccaappppeedd child "-A person who has not attained the age of 18 years and who, in the opinion of the Minister, is unlikely to attain those levels of development of which he is capable unless he receives special education;"; (d) in the definition " Other educational institution " omitting the words " or college " and substituting the words ", college or other means of technical and further education "; (e) omitting the definition " " Principal " or " Head teacher " " and substituting the following definition:- " " Principal " or " Head "-The person in charge of a school, college or other means of technical and further education;"; (f) in the definition " " Pupil " or " Student " " omitting the words " or college " and substituting the words ", college or other means of technical and further education or a college of advanced education ";

Education Act Amendment Act 1984, No. 2 5 (g) inserting after the definition " " Pupil " or " Student " " the following definition: " " Registered teacher "-A person registered as a teacher under this Act: The term includes a provisionally registered teacher;" ; (h) inserting after the definition " Secondary school " the following definition:- " " Special education "-Educational programmes appropriate to the needs of a handicapped child which are additional to or otherwise different from educational programmes generally available to children of his age who are not handicapped children; "; (i) inserting after the definition " Special school " the following definitions:- " " Special education unit "-That part of a State school or State pre-school centre at which special education is provided by the State; State pre-school centre "-Premises or that part of premises at which pre-school education is provided by the State;"; (j) in the definition " Teacher " omitting the words " The term includes any person forming " and substituting the words " A person who is or is eligible to be "; (k) inserting after the definition " Teaching staff of a college of advanced education " the following definition:- " " Technical and further education "-Post-secondary education courses and services conducted by the State under this Act: The term does not include tertiary education at universities or colleges of advanced education;". 6. Amendment of s. 6. The corporation of the Minister . Section 6 of the Principal Act is amended by adding after subsection (3) the following subsection:- " (4) Notwithstanding anything contained in this Act or any other Act or law or rule of law to the contrary, the Corporation may enter into an agreement or agreements and it is hereby declared always has had such power, with a view to allowing the use of premises controlled by it (with or without payment of rental or fee) for such purposes as it considers are for the benefit of the community.". 7. Amendment of s. 8. Regulations . Section 8 of the Principal Act is amended by- (a) in subsection (2), omitting the words " fifty pounds " and substituting the expression " $200 "; (b) omitting subsections (3), (4) and (5).

6 Education Act Amendment Act 1984, No. 2 8. New s. 9B. Application of Acts InterpretationAct to by-laws. The Principal Act is amended by inserting after section 9A the following section:- ,, 9B. Application of Acts InterpretationAct to by-laws. Section 28A of the Acts Interpretation Act1954-1977 (Tabling of Regulations) shall apply with respect to by-laws made pursuant to this Act and, for the purposes of such application, that section shall be read and construed as if references therein to regulations were references to by-laws made pursuant to this Act.". 9. Amendment of s. 10. Formation of Parents' and Citizens' Associations . Section 10 of the Principal Act is amended by- (a) at the beginning of subsection (1), omitting the expression " (1) ". (b) omitting subsection (2). 10. Amendment of s. 12. Funds of association . Section 12 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section inserting after the word " Funds " the words ", property , etc.,"; (b) in subsection (2), inserting after the word " All " the words " moneys forming the funds of the association and any other "; (c) omitting subsection (3) and substituting the following subsection :- " (3) (a) Notwithstanding anything contained in this or any other Act or that any land in question is reserved for a particular purpose, the Minister and an association, or either of them alone, may enter (and it is hereby declared that they have always had such power) into an agreement with a Government department, local authority or any other person or body which agreement has as its object the provision of equipment, amenities or facilities for the benefit generally of the children attending a State School (whether or not the equipment, amenity or facility is provided at the State school premises or any other premises). Where an association alone proposes to enter into any such agreement it shall before entering into the agreement obtain the approval of the Minister authorizing it to do so. Such approval may be given generally in respect of a class of agreement or a particular agreement. (b) An association shall deal with any funds coming into its hands pursuant to an agreement referred to in paragraph (a)- (i) for the purposes prescribed by subsection (1) or paragraph (a) of this subsection; (ii) subject to such purposes, as the Minister directs; or (iii) in the absence of such prescription or direction, as the association thinks fit. (c) An agreement entered into by an association shall be subject to such conditions as are prescribed by regulation or, if not so prescribed, as the Minister imposes in respect of a class of agreement or a particular agreement.".

Education Act Amendment Act 1984, No. 2 7 11. New s. 12A. Associations may borrow and employ . The Principal Act is amended by inserting after section 12 the following section:- " 12A. Associations may borrow and employ . With the approval of the Minister first had and obtained an association- (a) may borrow (and it is hereby declared always has had such power) money from a bank or other financial institution; (b) employ (and it is hereby declared always has had such power) such employees as it considers necessary for the purpose of achieving its objects.". 12. Amendment of s. 14. Power to establish and maintain schools. Section 14 of the Principal Act is amended by- (a) adding at the end of the note appearing in and at the beginning of the section the words " and pre-school centres "; (b) in subparagraph (b) of subsection (1)- (i) inserting after the word " schools " the words ", pre-school centres "; (ii) adding at the end thereof the words " (including the use of State school premises for purposes not connected with education) "; (c) inserting after subsection (2) the following subsections:- " (3) All State pre-school centres established before and subsisting at the date of the passing of the EducationAct Amendment Act 1983 under the control of the Department shall be deemed to be established under this Act. (4) A State pre-school centre shall not be a State school for the purposes of Division II of Part II.". 13. Repeal of and new s . 16. Use of schools . The Principal Act is amended by repealing section 16 and substituting the following section:- 16. Use of schools . (1) Notwithstanding anything contained in this or any other Act or that the land in question is reserved for a particular purpose, the Minister or an officer, or a class of officer so authorized by the Minister, may give permission (and it is hereby declared always has had such power) for the premises of a State School or a college of technical and further education to be used for any purpose (including a purpose not connected with education), subject to such conditions as may be prescribed by the regulations. (2) Any permission given under subsection (1) and any agreement entered into in fulfilment of any condition subject to which the permission is given shall be of full force and effect notwithstanding anything to the contrary in any Act or law relating to Crown lands or lands reserved and set apart for any purpose.". 14. Amendment of s. 20. Religious instruction in school hours. Section 20 of the Principal Act is amended by, in subsection (1), omitting the words " head teacher " and substituting the word " principal ".

8 Education Act Amendment Act 1984, No. 2 15. Amendment of s. 21A. Temporary exclusion of pupils. Section 21A of the Principal Act is amended by omitting the words " or head teacher " where twice occurring. 16. New s. 23A. Application of certain sections to State pre-school centres . The Principal Act is amended by inserting after section 23 the following section:- " Application of certain sections to State pre - school centres. For the purposes of sections 15, 16, 17, 18, 21, 21 A, 22, 22A and 23, a State pre-school centre is deemed to be a State school and the provisions of those sections shall apply and extend to State pre-school centres accordingly.". 17. New Division IA of Part III-Pre-school Education. The Principal Act is amended by inserting after section 23A as inserted by this Act the following heading and section:- " Division 1A-Pre-school Education 23B. Provision of pre-school education . For every child attending a State pre-school centre, there shall be provided pre-school education, that is to say, having regard to the age, ability and aptitude of the child concerned, and to the voluntary nature of enrolment, education that recognizes the importance of development in the early years and that is an integral element within the total range of education services offered with the approval of the Minister.". 18. Repeal of and new s. 26. Provision of special education. The Principal Act is amended by repealing section 26 and substituting the following section:- " 26. Provision of special education . (1) Special education may be provided or contributed to by the Minister for every handicapped child who is of the age of compulsory attendance. Such special education, which shall be approved by the Minister, may be given- (a) in State schools; (b) in non-State schools; (c) in special schools; (d) in special education units; (e) by any other means approved by the Minister for the purpose. (2) Subject to the agreement of the parent of a handicapped child who is not of the age of compulsory attendance, special education may be provided to that child in a manner specified in subsection (1). (3) Where a handicapped child attends a non-State school or other educational establishment which the Minister contributes to for the purpose of providing special education, it shall be the

Education Act Amendment Act 1984, No. 2 9 duty of the governing body or person in charge thereof to report to the Minister, when so required by the Minister, on the special education provided at that school or-establishment.". 19. Repeal of s. 27. Parent of blind or deaf child to obtain suitable education for such child . The Principal Act is amended by repealing section 27. 20. Repeal of and new s. 28. Compulsory attendance at school. The Principal Act is amended by repealing section 28 and substituting the following section:- " 28. Compulsory enrolment and attendance at school. (1) Every parent of a child being of the age of compulsory attendance shall cause that child- (a) to be enrolled at a State or non-State school; and (b) to attend on every school day the State or non-State school at which he is enrolled, unless- (c) there is in existence at the material time, in respect of that child, an exemption granted in accordance with this section; or (d) some reasonable excuse exists. (2) The Minister may grant to a parent of a child of the age of compulsory attendance exemption from compliance with any obligation set forth in subsection (1) during the period specified in the exemption and may at any time revoke the exemption so granted.". 21. Amendment of s. 32. Penalty for non-compliance with this Part. Section 32 of the Principal Act is amended by- (a) in subsection (1), omitting the words " five pounds " and the words " twenty-five pounds " and substituting the expression " $20 " and the expression " $100 ", respectively; (b) in subsection (3)- (i) omitting provision (ii) from subparagraph (b) and substituting the following provision:- (ii) a parent of any child has failed to cause such child to be enrolled at a State or non-State school or to attend on any school day the State or non-State school at which he is enrolled;"; (ii) omitting from subparagraph (c) the word " head-teacher " and substituting the word " principal ". 22. Amendment of heading to Part V. Technical and Agricultural Education . The Principal Act is amended by in the heading to Part V omitting the word " AGRICULTURAL " and substituting the word " FURTHER ".

10 Education Act Amendment Act 1984, No. 2 23. Repeal of and new s. 34 . Power to continue and establish colleges. The Principal Act is amended by repealing section 34 and substituting the following section:- " 34. Power to continue and establish colleges , etc. (1) Subject to this Act, the Minister may- (a) continue and maintain all State colleges and other means of technical and further education in existence at the passing of the Education Act Amendment Act 1984; and (b) establish and maintain such State colleges and other means of technical and further education as he considers necessary or desirable for public education and training and for the purposes of this Act. (2) All State colleges and other means of technical and further education established before the passing of the Education Act Amendment Act 1984 and subsisting at the commencement of that Act, under the control of the Department shall be deemed to have been established under this section.". 24. Amendment of s. 35. Minister to provide for running of colleges, etc. Section 35 of the Principal Act is amended by- (a) omitting the words " State technical colleges, State agricultural colleges and other means of technical and agricultural instruction established under section thirty-four of this Act in respect of which in any case a Council is not constituted pursuant to section 51E of this Act " and substituting the words " colleges and other means of technical and further education established under section 34 "; (b) omitting subparagraph (b) and substituting the following subparagraph:- " (b) the courses to be offered therein and services to be provided;"; (c) in subparagraph (f), inserting after the words " establishment of " the words " resource materials centres,"; (d) omitting subparagraphs (i) and (j) and substituting the following subparagraphs:- " (i) the use of such college premises for purposes not connected with public education; (j) disciplinary penalties for breaches of rules applicable to such colleges and means of instruction or any of them; (k) such other purposes as are prescribed by Order in Council.". 25. New s. 35A . Inspection of colleges , etc. The Principal Act is amended by inserting after section 35 the following section:- " 35A. Inspection of colleges , etc. The Minister shall cause every State college or other means of technical and further education to be inspected at such intervals as appear to him to be appropriate.".

Education Act Amendment Act 1984, No. 2 11 26. Amendment of s. 45. Board of Secondary School Studies may make by-laws . Section 45 of the Principal Act is amended by omitting subsection (6). 27. Repeal of s. 52. Cessation of Board of Post - primary Studies and Examinations . The Principal Act is amended by repealing section 52. 28. Amendment of. s. 62C. Council may make by-laws. Section 62c of the Principal Act is amended by- (a) insubsection (1)- (i) in provision (iii) omitting the words " one hundred dollars " and substituting the expression " $500 "; (ii) inserting after provision (xiv) the following provisions:- " (xv) the regulation of the parking of vehicles on the college site; (xvi) the protection of the property of, or under the control of, the Council from trespass, damage or misuse; (xvii) the regulation and control of, access to and the use of land and buildings the property of, or under the control of, the Council and of the conduct of persons thereon or therein;"; (iii) renumbering the existing provision (xv) as provision (xviii); (iv) in provision (xviii) as so renumbered omitting the word " Act " and substituting the word " Part "; (v) inserting after provision (xviii) as so renumbered the following paragraphs :- " Without limiting the generality of provisions (xv) and (xviii) of this subsection, by-laws made pursuant to those provisions- (a) may provide that the owner of a vehicle shall be liable for the offence consisting of bringing onto or parking or standing on land or premises under the control of the Council in breach of the Council's by-laws whether or not he was in charge of the vehicle at the material time; (b) may define the person who shall be taken to be the owner of a vehicle for the purposes of the by-laws; (c) may prescribe the proof necessary or sufficient to establish the owner's identity; (d) may provide for the recovery of a penalty for an offence against the by-laws from the owner of the vehicle concerned as well as from the person in charge of the vehicle at the material time. The provisions of subparagraph (d) of the preceding paragraph shall not be so construed that the owner of a motor vehicle and the person in charge of it at the time an offence was committed with or in respect of the vehicle shall both be punished for the one offence.". (b) omitting subsection (2); (c) in subsection (6), omitting the second, third and fourth paragraphs; (d) omitting subsection (7).

12 Education Act Amendment Act 1984, No. 2 29. Amendment of s. 62L. By-laws. Section 62L of the Principal Act is amended by omitting subsecton (6).