Education Amendment Act 2006 (No 2) (ACT)
Education Amendment Act 2006 (No 2)
A2006-57
Contents
Page
Name of Act 2
Commencement 2
Legislation amended 2
General principles of Act
Section 7 (1) 2
Section 7 (3) 2
Main objects of Act
Section 8 (a) 3
Section 8 (b) 3
Compulsory enrolment
Section 10 (3) (a) 3
Student transfer register
New section 17 (2) 3
Minister to seek advice
Section 19 4
Definitions for pt 3.4
Section 37, definition of prescribed period, paragraph (a) (i) 4
Section 37, definition of prescribed period, paragraph (b) 4
Declaration of parents and citizens associations in certain circumstances
Section 40 (3) 4
Section 40 (5) 5
Section 41 heading 5
Section 41 (1) (b) 5
Section 42 heading 5
Section 42 (1) 5
Section 43 heading 6
Section 43 6
Procedures governing proceedings of school boards
Section 48 (4) (a) 6
Functions of council (government)
Section 55 (d), note 6
New division 3.5.3 heading 7
Annual report by council (government)
Section 66 7
Division 3.6.3 heading 7
Protection of members of school boards
Section 72 7
Minister to present advice of council (government)
Section 73 7
Minister to seek advice
Section 76 7
Section 79 8
Schools to be registered
New section 82 (2A) 8
Applications for in-principle approval for proposed registration
New section 83 (1) (ab) 8
Applications for in-principle approval for proposed registration
Section 83 (3) and (4) 9
Deciding in-principle applications
New section 84 (1A) 9
Section 84 (3) and (4) 9
New sections 88A and 88B 10
Certificate of provisional registration or registration
Section 92 (1) (c) 12
Inspection of panel reports for school registration etc
New section 98 (1) (ba) 13
Section 104 heading 13
Functions of council (non-government)
Section 107, note 13
New division 4.4.3 heading 13
Annual report by council (non-government)
Section 118 13
Miscellaneous
Division 4.5.3 heading 13
Inspection of register of non-government schools
Section 126 14
Minister to present advice of council (non-government)
Section 127 14
Section 130 14
Registration for home education Section 131 (1) 14
Registration of child
Section 133 (1) 15
Section 133 (2) 15
Members of school boards
Section 166 15
Schedule 1, part 1.1, new item 4A 15
Schedule 1, part 1.2, item 5, column 3 15
Dictionary, definition of appointed member, board appointed member and parents and citizens member 16
Dictionary, definition of proposed opening day 16
Dictionary, definitions of staff member and student member 16
Further amendments, mentions of child etc 16
Education Regulation 2005, section 5 (1) (c) 19
Education Regulation 2005, section 7 heading 19
Education Regulation 2005, section 7 (1) (a) 19
Education Amendment Act 2006 (No 2)
A2006-57
An Act to amend the Education Act 2004, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Education Amendment Act 2006 (No 2).
Commencement
This Act commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Education Act 2004.
NoteThis Act also amends the Education Regulation 2005 (see ss 56-58).
General principles of Act
Section 7 (1)omit
, or in the education of children of school age in the ACT,
substitute
, or in the school or home education of children in the ACT,
Section 7 (3)
omit
, or in the education of children of school age in the ACT,
substitute
, or in the school education of children in the ACT,
Main objects of Act
Section 8 (a)omit
in relation to school education
substitute
in relation to education
Section 8 (b)
omit
compulsory school education
substitute
compulsory education
Compulsory enrolment
Section 10 (3) (a)substitute
(a)the child lives in the ACT but is enrolled in a school under State law and the parents have given the chief executive written notice of the enrolment; or
Student transfer register
New section 17 (2)insert
(2)The principal of a school must comply with any procedures established under subsection (1) for recording the transfer of students to and from the school that are notified to the principal by the chief executive.
Minister to seek advice
Section 19relocate to division 3.5.3 as section 66
Definitions for pt 3.4
Section 37, definition of prescribed period, paragraph (a) (i)omit
1 March
substitute
1 April
Section 37, definition of prescribed period, paragraph (b)
omit
February
substitute
March
Declaration of parents and citizens associations in certain circumstances
Section 40 (3)omit
subsection (2) or (3)
substitute
subsection (1) or (2)
Section 40 (5)
omit
under subsection (1)
substitute
under subsection (4)
Section 41 heading
substitute
Composition of school boards generally
Section 41 (1) (b)
omit
Constitution
substitute
Composition
Section 42 heading
substitute
Composition of school boards of small schools
Section 42 (1)
omit
Constitution
substitute
Composition
Section 43 heading
substitute
Composition of school boards of school-related institutions and other schools in special circumstances
Section 43
omit
constitution
substitute
composition
Procedures governing proceedings of school boards
Section 48 (4) (a)omit
Constitution
substitute
Composition
Functions of council (government)
Section 55 (d), notesubstitute
NoteThe Minister must present a copy of any advice given under s 55 (a) or (b) to the Legislative Assembly (see s 66A).
New division 3.5.3 heading
after section 65, insert
Division 3.5.3 Other provisions relating to council (government)
Annual report by council (government)
Section 66omit
Division 3.6.3 heading
omit
Protection of members of school boards
Section 72relocate to division 3.4.3 as section 49A
Minister to present advice of council (government)
Section 73relocate to division 3.5.3 as section 66A
Minister to seek advice
Section 76relocate to division 4.4.3 as section 118
Section 79
substitute
Register of non-government schools
(1)The registrar must keep a register of non-government schools.
(2)A person may, without charge, inspect the register of non‑government schools during ordinary business hours at the office of the chief executive.
(3)A person may, on payment of the reasonable copying costs, obtain a copy of all or part of the register.
Schools to be registered
New section 82 (2A)insert
(2A)The principal of a school commits an offence if—
(a)the school is not registered or provisionally registered under this part for education at a particular campus; and
(b)the school begins educating a child at that campus.
Maximum penalty: 10 penalty units.
Applications for in-principle approval for proposed registration
New section 83 (1) (ab)insert
(ab)section 88A for registration of a school at an additional campus; or
Applications for in-principle approval for proposed registration
Section 83 (3) and (4)substitute
(3)The application must state the day the person proposes to begin operating the school or operating the school at the additional campus or additional educational level (the proposed opening day).
(4)The proposed opening day must be at least 2 years, but not more than 4 years, after the day the application is made.
Deciding in-principle applications
New section 84 (1A)insert
(1A)In deciding whether to give in-principle approval for the registration of a school at an additional campus, the Minister must have regard to—
(a)whether the provision of the additional campus by the school would undermine the viability of other existing schools; and
(b)the demand for the additional campus, including the level of registration of interest shown by the community for the proposed provision of the additional campus by the school.
Section 84 (3) and (4)
after
subsection (1)
insert
, (1A)
New sections 88A and 88B
insert
88AApplication for registration at additional campus
(1)This section applies if—
(a)a proprietor of a registered non-government school has in‑principle approval under section 84 (Deciding in‑principle applications) to apply for registration of the school at a stated additional campus; and
(b)the proprietor has given the registrar written notice of the proprietor’s intention to apply at least the prescribed period before the first day of the school year or term when it is proposed to begin operating the school at the additional campus; and
(c)the in-principle approval has not lapsed.
(2)The proprietor of the school may apply in writing to the Minister for registration of the school at the additional campus.
(3)The chief executive must publish notice of the making of the application in a daily newspaper printed and published in the ACT.
(4)The notice must state that written comments on the proposed registration may be made to the Minister within a stated period of at least 60 days after the day the notice is published.
(5)The chief executive must make a copy of the application available for inspection by members of the public at the chief executive’s office during ordinary business hours.
(6)In this section:
prescribed period means—
(a)6 months; or
(b)if the Minister approves a shorter period for the application—that period.
88BRegistration at additional campus
(1)This section applies if an application is made under section 88A for registration of a school at an additional campus.
(2)Before deciding whether the school should be registered at the additional campus, the Minister must appoint a panel to report to the Minister on the application.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(3)If the Minister is satisfied after considering the panel’s report that the school meets the criteria mentioned in subsection (7), the Minister must direct the registrar to register the school at the additional campus.
(4)If the Minister directs the registrar to register the school at the additional campus, the registrar must register the school at the additional campus by—
(a)entering the particulars of the school required under the regulations in the register of non-government schools; and
(b)giving the proprietor of the school a certificate of registration that includes the additional campus (a new certificate).
(5)If the registrar gives the proprietor a new certificate, the proprietor must return the school’s existing certificate of registration to the registrar within 14 days after the day the proprietor receives the new certificate.
(6)If the Minister is not satisfied after considering the panel’s report that the school meets the criteria mentioned in subsection (7), the Minister must direct the registrar to refuse to register the school at the additional campus.
(7)The criteria for registration of a school at an additional campus are that—
(a)the school will have appropriate policies, facilities and equipment for—
(i)the curriculum to be offered by the school at the additional campus; and
(ii)the safety and welfare of its students at the additional campus; and
(b)the curriculum (including the framework of the curriculum and the principles on which the curriculum is based) meets the curriculum requirements for students attending government schools; and
(c)the nature and content of the education to be offered at the school will be appropriate for the additional campus; and
(d)the teaching staff will be qualified to teach at the additional campus; and
(e)the school will have satisfactory processes to monitor quality educational outcomes at the additional campus; and
(f)the school will be financially viable.
Certificate of provisional registration or registration
Section 92 (1) (c)substitute
(c)state the location of the campus or campuses for which the school is provisionally registered or registered under this part; and
Inspection of panel reports for school registration etc
New section 98 (1) (ba)insert
(ba)section 88B (Registration at additional campus);
Section 104 heading
substitute
Suspension, transfer or exclusion of students—Catholic systemic schools
Functions of council (non-government)
Section 107, notesubstitute
NoteThe Minister must present a copy of any advice given under s 107 (a) or (b) to the Legislative Assembly (see s 118A).
New division 4.4.3 heading
after section 117, insert
Division 4.4.3 Other provisions relating to council (non-government)
Annual report by council (non-government)
Section 118omit
Miscellaneous
Division 4.5.3 headingomit
Inspection of register of non-government schools
Section 126omit
Minister to present advice of council (non-government)
Section 127relocate to division 4.4.3 as section 118A
Section 130
substitute
Provisional registration for home education
(1)The parents of a child may apply, in writing, to the chief executive for registration of the child for home education.
(2)On receiving an application under subsection (1), the chief executive must provisionally register the child for home education.
(3)Provisional registration for home education ends—
(a)6 months after the day the provisional registration begins; or
(b)if the child is registered sooner under section 131 (3)—on the day the child is registered.
Registration for home education
Section 131 (1)substitute
(1)This section applies if a child is provisionally registered for home education under section 130.
Registration of child
Section 133 (1)omit
(1)
Section 133 (2)
omit
Members of school boards
Section 166omit
Constitution
substitute
Composition
Schedule 1, part 1.1, new item 4A
insert
| 4A | 88B (6) | directing registrar to refuse to register a non-government school at an additional campus | proprietor of the school |
Schedule 1, part 1.2, item 5, column 3
omit
a shorter period than the period applied for
substitute
less than 2 years
Dictionary, definition of appointed member, board appointed member and parents and citizens member
omit
Constitution
substitute
Composition
Dictionary, definition of proposed opening day
omit
83 (4)
substitute
83 (3)
Dictionary, definitions of staff member and student member
omit
Constitution
substitute
Composition
Further amendments, mentions of child etc
| column 1 item | column 2 provision | column 3 omit | column 4 substitute |
| 1 | section 7 (2) (b) (vii) | children | students |
| 2 | section 7 (2) (e) | children | students |
| 3 | section 18 (c) | children | students |
| 4 | section 18 (d) (i) | children | students |
| 5 | section 18 (e) | children’s | students’ |
| 6 | section 25 (1) | child | student |
| 7 | section 25 | child’s | student’s |
| 8 | section 27 | child | student |
| 9 | section 27 (2) (b) | child’s | student’s |
| 10 | section 29 (2) and (4) | children | students |
| 11 | section 29 (4) | Children | Students |
| 12 | section 30 (1) | children | students |
| 13 | section 31 heading | children | students |
| 14 | section 31 (1) | child | student |
| 15 | section 33 (1) | child | student |
| 16 | section 34 (2) (a) | children | students |
| 17 | section 35 (1) (a) | children | students |
| 18 | section 35 (3) | child | student |
| 19 | section 35 (3) | child’s | student’s |
| 20 | section 36 heading | child | student |
| 21 | section 36 | child | student |
| 22 | section 36 | child’s | student’s |
| 23 | section 36 (1) (a) (iv) | children | students |
| 24 | section 81 heading | children | students |
| 25 | section 81 (1) | child | student |
| 26 | section 82 | child | student |
| 27 | section 100 (1) | child | student |
| 28 | section 101 (2) (a) | children | students |
| 29 | section 102 (1) (a) | children | students |
| 30 | section 102 (3) | child | student |
| 31 | section 102 (3) | child’s | student’s |
| 32 | section 103 (1) | child | student |
| 33 | section 103 (1) | child’s | student’s |
| 34 | section 103 (2) | child’s | student’s |
| 35 | section 104 | child | student |
| 36 | section 104 | child’s | student’s |
| 37 | section 104 (1) (a) (iv) | children | students |
| 38 | section 105 heading | children | students |
| 39 | section 105 | child | student |
| 40 | section 105 | child’s | student’s |
| 41 | section 105 (1) (a) (iv) | children | students |
| 42 | section 149 | child | child or student |
| 43 | schedule 1, part 1.2, item 3, column 3 | child | student |
| 44 | schedule 1, part 1.2, item 3, column 4 | child | student |
| 45 | dictionary, definitions of approved educational course (government) and approved educational course (non–government) | children | students |
| 46 | dictionary, definition of exclusion | child | student |
Education Regulation 2005, section 5 (1) (c)
substitute
(c)the street address of the school’s administration office;
Education Regulation 2005, section 7 heading
substitute
Home education register—Act, s 133 (a)
Education Regulation 2005, section 7 (1) (a)
substitute
(a)the child’s full name as shown on—
(i)the child’s birth certificate; or
(ii)if the birth certificate is not available—the child’s passport or another document approved by the chief executive that identifies the child;
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 4 May 2006.
Notification
Notified under the Legislation Act on 19 December 2006.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Education Amendment Bill 2006 (No 2), which originated in the Legislative Assembly as the Education Amendment Bill 2006 and was passed by the Assembly on 12 December 2006.
Clerk of the Legislative Assembly
© Australian Capital Territory 2006
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