Education Amendment Act 1996 (WA)
WESTERN AUSTRALIA
EDUCATION AMENDMENT
ACT 1996
No. 22 of 1996
AN ACT to amend the Education Act 1928 and to amend
various other Acts for consequential purposes.
[Assented to 11 July 1996.]
The Parliament of Western Australia enacts as follows:
| No. 22] | Education Amendment Act 1996 |
s. 1
PART 1 — PRELIMINARY
Short title
1. This Act may be cited as the Education Amendment
Act 1996.
Commencement
2. (1) Parts 1 and 5 and, subject to subsection (2), Part 2 come into operation on the day on which this Act receives the Royal Assent.
(2) Section 4 (2), to the extent it refers to sections 6AA and 6B of the principal Act as if they had been inserted by this Act, and Part 3 come into operation on such day as is fixed by proclamation.
| (3) | Part 4 comes into operation on such day as is fixed by |
proclamation.
Principal Act
3. In this Act the Education Act 1928* is referred to as the
principal Act.
[* Reprinted as at 11 August 1992.
For subsequent amendments see 1994 Index to Legislation of Western Australia, Table 1, pp. 63-4 and Act No. 1 of 1995.]
| Education Amendment Act 1996 | [No. 22 |
s. 4
PART 2 — AMENDMENTS RELATING TO THE ADMINISTRATION OF THE PRINCIPAL ACT
Section 3 amended
| 4. | (1) | Section 3 (1) of the principal Act is amended — |
| (a) | by deleting the definition of ‘‘chief executive officer’’ and substituting the following definition — | |
| ‘‘ |
‘‘chief executive officer’’, subject to subsection (2), means the person holding or acting in the office of chief executive officer of the Education Department, the Department of Training or the Office;
’’;
| (b) | bydeletingthedefinitionof‘‘department’’and substituting the following definition — |
‘‘
‘‘department’’, subject to subsection (3), means the Department of Training, the Education Department or the Office;
’’;
| (c) | in the definition of ‘‘teaching staff ’’ by deleting ‘‘within the meaning of the Public Sector Management Act 1994’’; and |
| No. 22] | Education Amendment Act 1996 |
s. 4
| (d) | by inserting, in the appropriate alphabetical positions, the following definitions — |
‘‘
‘‘Education Department’’ means the department of the Public Service designated ‘‘Education Department of Wes t e rn Aus t r a l i a ’ ’ a t t h e commencement of Part 2 of the Education Amendment Act 1996;
‘‘Office’’ means the department of the Public Service designated ‘‘Western Australian Office of Non-Government Education’’ at the commencement of Part 2 of the Education Amendment Act 1996;
‘‘public service officer’’ has the meaning given by the Public Sector Management Act 1994;
’’.
(2) Section 3 (2) of the principal Act is repealed and the
following subsections are substituted —
‘‘
A reference in this Act to the chief executive officer shall be taken to be —
(2)
| (a) | inrelationtoateacheroranemployee referred to in section 7 (3) or Division 3 of Part II, a reference to the chief executive officer of the department to which the teacher or employee has been appointed; | |
| (b) | inrelationtosections6AA,6B,14,17B, 20G, 21B and 29, a reference to the chief executive officer of the Education Department; | |
|
s. 4
| (c) | in relation to section 9B, a reference to the chief executive officer of the Education Department or the chief executive officer of the Department of Training, or either as the case requires; |
| (d) | inrelationtosection27B,areferenceto the chief executive officer of the Education Department or the chief executive officer of the Office, or either as the case requires; and |
| (e) | inrelationtosections32Band33,a reference to the chief executive officer of the Office. |
(3) A reference in this Act to the department
shall be taken to be —
| (a) | in relation to sections 9, 17A (3) (a), 26 (2), 27C (1) (b) and 34 (1), a reference to the Education Department; |
| (b) | inrelationtothedefinitionsof‘‘teacher’’ and ‘‘teaching staff ’’ in section 3 (1) and in relation to sections 7A and 7C (2) (a), a reference to the department to which the person has been appointed; |
| (c) | in relation to sections 28 (1) (a), (d1) and (p2) and 28A (3) (r), a reference to the Education Department or the Department of Training, or either as the case requires; |
| (d) | inrelationtosection32A,areferenceto the Office; and |
| (e) | in relation to section 38, a reference to one or more, as the case requires, of the |
| No. 22] | Education Amendment Act 1996 |
s. 5
Education Department, the Department of
Training or the Office.
’’.
Division 1 heading for Part II inserted
5. After the heading to Part II of the principal Act the following Division heading is inserted —
‘‘
Division 1 — Minister’s functions and matters
relating to property vested in the Minister
’’.
Division 2 heading for Part II inserted
6. Before section 7 of the principal Act the following Division heading is inserted —
‘‘
Division 2 — Persons required to administer Act
’’.
Section 7 amended
| 7. (1) and the following subsections are substituted — | Section 7 (1) and (2) of the principal Act are repealed |
| ‘‘ |
There shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994 —
(1)
| (a) | achiefexecutiveofficeroftheEducation Department; | |
| (b) | a chief executive officer of the Department of Training; | |
|
s. 8
| (c) | a chief executive officer of the Office; and |
| (d) | such other public service officers as may be necessary for the due administration of this Act. |
(2) The Minister may, in relation to either the Education Department or the Department of Training, appoint teachers and employees, other than public service officers, of that Department.
’’.
Section 7 (3) of the principal Act is amended by deleting ‘‘an officer, of the department’’ and substituting the following —
(2)
‘‘
a public service officer, of the department to which the
teacher or employee was appointed
’’.
Section 7AA and Division 3 heading for Part II inserted
8. After section 7 of the principal Act the following section and Division heading are inserted —
‘‘
Chief executive officers
7AA. (1) The chief executive officer of the Education Department is responsible for the administration of this Act except where another chief executive officer has responsibility under subsection (2) or (3).
The chief executive officer of the Department of Training is responsible for the administration of provisions of this Act which relate, amongst other things, to education provided by technical colleges but
(2)
| No. 22] | Education Amendment Act 1996 |
s. 9
only to the extent that those provisions relate to
education provided by technical colleges.
(3) The chief executive officer of the Office is
responsible for the administration of —
| (a) | sections 9A, 32A, 32B and 33; and |
| (b) | sections 27B and 27C but only to the extent that those provisions do not relate to care-centres or pre-school centres at which teachers or employees of the Education Department are employed. |
Division 3 — Disciplinary matters
’’.
Section 8 repealed
9. Section 8 of the principal Act is repealed.
Section 21C amended
10. Section 21C of the principal Act is amended in the
definition of ‘‘staff ’’ by inserting after ‘‘or’’ the following —
‘‘ public service ’’.
Section 27B amended
11. Section 27B (3) of the principal Act is amended by deleting
‘‘officer of the department appointed’’ and substituting the
following —
‘‘ person authorized ’’.
| Education Amendment Act 1996 | [No. 22 |
s. 12
Section 28 amended
12. Section 28 (1) (a1) is amended by deleting ‘‘officers of the department’’ and substituting the following —
| ‘‘ | public service officers to whom section 7 (1) (d) applies | ’’. |
Section 28A amended
13. Section 28A (3) (r) of the principal Act is amended by
inserting after ‘‘teacher,’’ the following —
‘‘ public service ’’.
Section 32B amended
14. Section 32B of the principal Act is amended —
|
‘‘
person authorized by the chief executive
officer
’’;
and
| (b) | insubsection(3)bydeleting‘‘superintendentof education’’ and substituting the following — |
‘‘
person authorized by the chief executive
officer for that purpose
’’.
| No. 22] | Education Amendment Act 1996 |
s. 15
Section 33 amended
15. Section 33 of the principal Act is amended —
|
‘‘
a person authorized by the chief executive
officer for that purpose
’’;
and
| (b) | bydeleting‘‘saidsuperintendentofeducation’’and substituting the following — |
‘‘
said person authorized by the chief
executive officer
’’.
Consequential amendments
| 16. | (1) | The Coal Mines Regulation Act 1946* is amended — |
| (a) | in section 41D (1) (b) (ii) (C) by deleting ‘‘Technical Education Division of the Education Department of Western Australia’’ and substituting the following — | |
| ‘‘ |
Department of Training as defined in the
Education Act 1928
’’;
and
| Education Amendment Act 1996 | [No. 22 |
s. 16
| (b) | insection41DA(b)(ii)(C)bydeleting‘‘Technical Education Division of the department of the Public Service principally assisting the Minister of the Crown to whom the administration of the Education Act 1928 is for the time being committed’’ and substituting the following — |
‘‘
Department of Training as defined in the
Education Act 1928
’’.
[* Reprinted as at 2 September 1980.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, pp. 34-5.]
The Colleges Act 1978* is amended in section 11 (2) (a) by deleting ‘‘department of the Public Service principally assisting the Minister charged with the administration of the Education Act 1928 in administering that Act’’ and substituting the following —
(2)
‘‘
Education Department as defined in the Education
Act 1928
’’.
[* Act No. 100 of 1978.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, p. 35.]
(3) The Curtin University of Technology Act 1966* is amended by deleting section 9 (1) (c) and substituting the following paragraph —
‘‘
| (c) | one person who is nominated by the Minister charged with the administration of the Education Act 1928; |
’’.
[* Reprinted as at 24 August 1988.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, p. 55.]
| No. 22] | Education Amendment Act 1996 |
s. 16
The Edith Cowan University Act 1984* is amended by
deleting section 9 (1) (aa) and substituting the following
paragraph —
(4)
‘‘
(aa) 1 person who is nominated by the Minister charged with the administration of the Education Act 1928;
’’.
[* Reprinted as at 16 May 1991.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, p. 63.]
(5) The Government Employees’ Housing Act 1964* is amended by deleting section 8 (2) (c) and substituting the following paragraph —
‘‘
| (c) | one person shall be the chief executive officer of the Education Department as defined in the Education Act 1928 or a public service officer employed at that Department nominated in writing by that chief executive officer; |
’’.
[* Act No. 95 of 1964.
For subsequent amendments see 1994 Index to Legislation of Western Australia, Table 1, p. 89 and Act No. 1 of 1995.]
(6) The Library Board of Western Australia Act 1951* is
amended in section 5 (3) by deleting ‘‘department of the Public
Service principally assisting the Minister charged with the
| Education Amendment Act 1996 | [No. 22 |
s. 16
administration of the Education Act 1928 in administering that
Act’’ and substituting the following —
‘‘
Education Department as defined in the Education
Act 1928
’’.
[* Reprinted as at 17 May 1984.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, p. 120.]
The Litter Act 1979* is amended in section 9 (1) (g) by deleting ‘‘department of the Public Service principally assisting the Minister charged with the administration of the Education Act 1928 in administering that Act’’ and substituting the following —
(7)
‘‘
Education Department as defined in the Education
Act 1928
’’.
[* Reprinted as at 20 July 1983.
For subsequent amendments see 1994 Index to Legislation of Western Australia, Table 1, p. 122 and Act No. 53 of 1994 .]
(8) The Murdoch University Act 1973* is amended by deleting section 12 (1) (b) and substituting the following paragraph —
‘‘
| (b) | onepersonwhoisnominatedbytheMinister charged with the administration of the Education Act 1928; |
’’.
[* Act No. 20 of 1973.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, pp. 145-6.]
| No. 22] | Education Amendment Act 1996 |
s. 16
The Museum Act 1969* is amended in section 37 (3) (b) by deleting ‘‘department of the Public Service principally assisting the Minister charged with the administration of the Education Act 1928 in administering that Act’’ and substituting the following —
(9)
‘‘
Education Department as defined in the Education
Act 1928
’’.
[* Act No. 90 of 1969.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, p. 146.]
The Public Education Endowment Act 1909* is amended in section 1A in the definition of ‘‘chief executive officer of the department’’ by deleting ‘‘department of the Public Service principally assisting the Minister charged with the administration of the Education Act 1928 in administering that Act’’ and substituting the following —
(10)
‘‘
Education Department as defined in the Education
Act 1928
’’.
[* Reprinted as at 29 December 1987.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, p. 173.]
(11) The Secondary Education Authority Act 1984* is
amended —
| (a) | in section 3 in the definition of ‘‘chief executive officer of the department’’ by deleting ‘‘department of the Public Service principally assisting the Minister |
| Education Amendment Act 1996 | [No. 22 |
s. 16
charged with the administration of the Education Act 1928 in administering that Act’’ and substituting the following —
‘‘
Education Department as defined in the
Education Act 1928
’’;
| (b) | in section 3 by deleting the semicolon at the end of the definition of ‘‘sub-committee’’ and substituting a full stop; |
| (c) | in section 3 by deleting the definition of ‘‘technical college or school’’; |
| (d) | in section 6 (2) (d) by deleting ‘‘senior officer of the department having responsibility with respect to technical and further education under’’ and substituting the following — |
‘‘
chief executive officer of the Department of
Training as defined in
’’;
and
| (e) | in section 25 (3) (h) by deleting ‘‘senior officer of the department having responsibility with respect to technical and further education under’’ and substituting the following — |
‘‘
chief executive officer of the Department of
Training as defined in
’’.
[* Act No. 118 of 1984.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, pp. 192-3.]
| No. 22] | Education Amendment Act 1996 |
s. 16
(12) The University of Western Australia Act 1911* is amended by deleting section 10 (e) and substituting the following paragraph —
‘‘
| (e) | One person who is nominated by the Minister charged with the administration of the Education Act 1928. |
’’.
[* Reprinted as at 31 March 1993.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, pp. 224-5.]
The Western Australian Planning Commission Act 1985*
is amended in section 19 (1g) (a) (iv) by deleting ‘‘within the
meaning of ’’ and substituting the following —
(13)
| ‘‘ | of the Education Department as defined in | ’’. |
[* Act No. 91 of 1985.
(Previously State Planning Commission Act 1985).
For subsequent amendments see 1994 Index to Legislation of
Western Australia, Table 1, p. 204 and Act No. 84 of 1994.]
| Education Amendment Act 1996 | [No. 22 |
s. 17
PART 3 — AMENDMENTS RELATING TO PROPERTY
VESTED IN THE MINISTER
Section 6AA inserted
17. After section 6 of the principal Act the following section is
inserted —
‘‘
CEO may enter into agreements on Minister’s behalf for improvement of school lands
6AA. The Minister may, by a signed instrument of delegation, delegate to the chief executive officer either generally or as otherwise provided in the instrument, the power —
| (a) | to enter into; and |
| (b) | to sign, |
on the Minister’s behalf, an agreement for the provision of a building, structure or other erection, whether permanent or temporary, on land vested in the Minister, but the Minister cannot delegate this power of delegation.
’’.
Sections 6B and 6C inserted
18. After section 6A of the principal Act the following sections
are inserted —
‘‘
Licences for use of school property by persons generally
6B. (1) The Minister may grant a licence to a person for the use of real or personal property vested in the Minister.
| No. 22] | Education Amendment Act 1996 |
s. 18
| (2) | A licence under this section — |
| (a) | must be in writing; |
| (b) | has effect for up to one year or such lesser period as is specified in the licence; |
| (c) | may provide for a payment to be made to the Minister in connection with the use of the property; |
| (d) | may provide for an amount of money to be paid to the Minister as a security for the performance of the licensee’s obligations under the licence; and |
| (e) | isotherwisetobeonsuchtermsand subject to such conditions as may be specified in the licence. |
The Minister may, by a signed instrument of delegation, delegate to the chief executive officer either generally or as otherwise provided in the instrument, the power —
(3)
| (a) | to grant; and |
| (b) | to sign, |
on the Minister’s behalf, a licence under this section.
The Minister may, by a signed instrument of
delegation, delegate to the chief executive officer the
power to delegate to another person the power —
(4)
| (a) | to grant; and |
| (b) | to sign, |
on the Minister’s behalf, a licence under this section.
| Education Amendment Act 1996 | [No. 22 |
s. 19
(5) The use of property in respect of which a licence can be granted under this section is not limited to the purposes of public education but the use must not interfere with the normal operations of any school to which the property relates.
Financial provisions relating to licences
| 6C. | Where a licence granted under section 6B — | |||
|
then the money may be credited to the school’s Fund within the meaning of section 9B and shall be treated for the purposes of, but subject to, section 9B as moneys forming part of the Fund.
’’.
Section 9B amended
| 19. | (1) | Section 9B (5) of the principal Act is amended — |
| (a) | inparagraph(a),byinsertingbefore‘‘may’’the following — | |
| ||
| (b) | byinsertingafterparagraph(a)thefollowing paragraph — | |
| ‘‘ |
(aa) comprising an amount of money paid
under a licence granted under
section 6B as a security for the
| No. 22] | Education Amendment Act 1996 |
s. 19
performance of an obligation may only be applied in accordance with the licence, and paragraph (a) only applies to that money if the money has been forfeited under, and in accordance with, the licence;
’’;
and
| (c) | in paragraph (c), by inserting after ‘‘paragraph (a)’’ the following — |
‘‘ or (aa) ’’.
| (2) | Section 9B (6) of the principal Act is amended — |
| (a) | bydeletingparagraph(a)andsubstitutingthe following paragraph — |
‘‘
| (a) | monies in the Fund — | |||
|
’’;
and
| Education Amendment Act 1996 | [No. 22 |
s. 19
| (b) | in paragraph (b), by deleting ‘‘such a direction’’ and substituting the following — | ||
|
| No. 22] | Education Amendment Act 1996 |
s. 20
PART 4 — AMENDMENTS RELATING TO SCHOOL
DRESS CODES
Section 21C amended
20. Section 21C of the principal Act is amended —
|
Section 21D repealed and a section substituted
21. Section 21D of the principal Act is repealed and the
following section is substituted —
‘‘
School decision-making groups
21D. (1) A school decision-making group shall be established in respect of each school and shall comprise —
| (a) | parents of students at the school; |
| (b) | staff at the school; |
| (c) | members of the local community; and |
| (d) | where the school is a school other than a pre-primary centre or primary school, students at the school, |
but nothing in this section requires students to be represented on a school decision-making group if the students have chosen not to be represented on the group.
| Education Amendment Act 1996 | [No. 22 |
s. 22
(2) The functions of a school decision-making
group are —
| (a) | to participate in the planning and review of the school’s development and, as part of that process, to participate in the formulation of educational objectives and priorities for the school; and |
| (b) | toformulateandapprove,after consultation with the school community, a dress code to be complied with by students at the school when the students are attending or representing the school. |
(3) Notwithstanding subsection (1), the Minister may by notice published in the Government Gazette declare that that subsection does not apply in respect of a school or schools specified in the notice.
(4) For the purposes of subsection (2) (b), a
school’s ‘‘school community’’ shall comprise —
| (a) | parents of students at the school; |
| (b) | staff at the school; and |
| (c) | students at the school. |
’’.
Section 21E amended
22. Section 21E (2) of the principal Act is amended by inserting after paragraph (g) the following paragraphs —
‘‘
(ga) providing for the matters which may, or cannot, be provided for in a school dress code;
| No. 22] | Education Amendment Act 1996 |
s. 23
(gb) providing for the procedures to be followed by a school decision-making group in respect of the formulation and approval of a dress code for the school;
(gc) enabling the principal of a school to exempt a student at the school from complying with any requirement of a dress code approved by the school’s school decision-making group;
’’.
Section 28 amended
23. Section 28 (1) of the principal Act is amended in
paragraph (c) by inserting after ‘‘enforced,’’ the following —
‘‘
including discipline for not complying with a requirement of a dress code approved by a school decision-making group under Part VA,
’’.
| Education Amendment Act 1996 | [No. 22 |
s. 24
PART 5 — AMENDMENTS RELATING TO FUNDING OF, AND LOANS FOR, CARE-CENTRES AND PRE-SCHOOL
CENTRES
Section 9A amended
24. Section 9A (1) of the principal Act is amended in the definition of ‘‘non-government school’’ by inserting after ‘‘includes’’ the following —
| ‘‘ | a centre that is a care-centre or | ’’. |
Section 27C amended
25. Section 27C of the principal Act is amended by inserting after subsection (2) the following subsection —
‘‘
The Minister may, out of such moneys as may be provided by Parliament for the purposes of this Act, provide for loans to be made to care-centres and to pre-school centres and for interest payable in respect of loans of moneys borrowed for the establishment, construction or acquisition of land, buildings, plant and equipment by care-centres and pre-school centres to be subsidized and for repayments of such loans to be made on the terms fixed by the Minister.
(3)
’’.
By Authority: JOHN A. STRIJK, Acting Government Printer
0
0
0