Education Amendment Act 2022 (ACT)
Education Amendment Act 2022
A2022-10
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2Education Act 2004—suspension, transfer, expulsion and exclusion of students
4 Main objects of ActSection 8 (c) to (e) 3
5 Section 9 heading 3
6 Section 9 3
7New sections 10AA and 10AB 4
8 New chapter 2A 6
9 Suspension, exclusion or transfer of student by director‑generalSection 36 29
10 Sections 104 and 105 29
11 Student transfer registerSection 146A 29
12 New chapter 10 29
13 Reviewable decisionsSchedule 1, item 12 33
14 Dictionary, new definition of Catholic system school 33
15 Dictionary, definition of compulsory education age 33
16 Dictionary, definition of decision‑maker 33
17 Dictionary, new definitions 34
18 Dictionary, definition of exclusion 34
19 Dictionary, new definitions 34
Part 3Education Act 2004—non‑government schools
20 Main objects of ActSection 8 (f) 36
21 Meaning of education course and education provider—ActTable 9A, items 1 and 2, column 3 36
22 Child of compulsory education age—school attendance requirementSection 10A (1) (b) 36
23 Child of compulsory education age—participation requirementSection 10D (1) (b) 37
24 Giving information noticeSection 11C (2) (c) 37
25 Section 11C (2) (d) 37
26 Establishing government schools etcSection 20 (2) (b) and note 37
27 Section 20B heading 38
28 Section 20B (1) 38
29 Operation of government schoolsSection 21 (3) 38
30 Education to be freeSection 26 (2) (a) 38
31 Section 26 (6), definition of course money 39
32 Approved educational courses for students at government schoolsSection 31 (1) 39
33 Chapter 4 39
34 Offences on school premisesSection 147 (5), definition of school premises 88
35 Evidence—certificate signed by principal etcSection 153A (2) 89
36 Declaration—COVID‑19 emergencySection 153B (2) (f) and (g) 89
37 New section 153C 90
38 Regulation‑making powerSection 155 (3) and (4) 90
39 New part 10.1A 91
40 Section 313 101
41 Reviewable decisionsSchedule 1, items 13 to 21 101
42 Dictionary, note 2 102
43 Dictionary, definitions of approved educational course etc 102
44 Dictionary, definition of boarding facilities 102
45 Dictionary, new definitions 103
46 Dictionary, definition of in‑principle approval 103
47 Dictionary, new definitions 103
48 Dictionary, definition of non‑government school 104
49 Dictionary, new definitions 104
50 Dictionary, definition of proposed opening day 105
51 Dictionary, new definitions 105
52 Dictionary, definition of registered non‑government school 105
53 Dictionary, new definition of registered school 105
54 Dictionary, definitions of register of enrolments and attendances and register of non‑government schools 105
55 Dictionary, new definition of registrable change 106
56 Dictionary, definition of registrar 106
57 Dictionary, new definitions 106
58 Dictionary, definition of school 107
59 Dictionary, new definition of show cause notice 107
60 Dictionary, definition of student member 107
Part 4Education Regulation 2005
61 New part 1A 108
62 Section 2B 110
63 Part 3 111
64 New schedule 2 115
65 Dictionary, note 2 128
66 Dictionary, note 3 128
67 Dictionary, new definitions 128
Schedule 1 Consequential amendments 129
Part 1.1 ACT Teacher Quality Institute Act 2010 129
Part 1.2 Children and Young People Act 2008 129
Part 1.3 Crimes Act 1900 130
Part 1.4 Planning and Development Regulation 2008 130
Part 1.5 Rates Act 2004 131
Education Amendment Act 2022
A2022-10
An Act to amend the Education Act 2004 and the Education Regulation 2005, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Education Amendment Act 2022.
Commencement
This Act commences on 20 December 2022.
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 and the Education Regulation 2005.
NoteThis Act also amends other legislation (see sch 1).
Part 2Education Act 2004—suspension, transfer, expulsion and exclusion of students
Main objects of Act
Section 8 (c) to (e)substitute
(c)to state the circumstances in which school attendance is not required; and
(d)to provide for the management of unsafe and noncompliant behaviour of students, including providing for suspension, transfer, expulsion and exclusion of students; and
(e)to provide for the operation and governance of government schools; and
(f)to provide for the registration of non-government schools; and
(g)to provide for the registration of children for home education.
Section 9 heading
substitute
Meaning of compulsory education age
Section 9
omit
chapter
substitute
Act
New sections 10AA and 10AB
in division 2.2.1, insert
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.
(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).
(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.
(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).
New chapter 2A
insert
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—
(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; and
NoteUnsafe or noncompliant
behaviour—see s 17B.
Reasonable alternatives—see s 17C.
(b)the length of the suspension; and
(c)how the school intends to support the student to continue their education during the suspension; and
(d)the decision‑making process for the suspension, and how the student and their parents may take part in the process and have their views heard.
(3)However, the principal may take the proposed action before giving the parents written notice if—
(a)the student’s unsafe or noncompliant behaviour presents an immediate or imminent risk of harm to a person; and
Examples—behaviour that presents an immediate or imminent risk of harm to a person
·the student was physically violent to another student
·the student threatened to be physically violent to a staff member
(b)the principal tells the student and their parents, orally, about the proposed suspension, including—
(i)the information mentioned in subsection (2) (a) to (d); and
(ii)that the suspension starts immediately.
(4)If the principal takes the proposed action under subsection (3), the principal must, as soon as possible, give the student’s parents written notice about the suspension, including the information mentioned in subsection (2) (a) to (d).
(5)If a principal takes action under subsection (3) and a student is suspended before any views of the student and their parents about the suspension may be considered, the decision‑maker may, after considering the views of the student and their parents, revise the suspension in any way the decision‑maker considers reasonable.
(6)If the decision‑maker revises a suspension under subsection (5), the decision‑maker must tell the student, and give the student’s parents a revised suspension notice.
17MSuspension—student’s education and counselling
(1)If a student at a school is suspended, the principal of the school must ensure the student is given the materials and support needed to continue their education during the period of suspension.
(2)If a student at a school is suspended for a total of 7 or more school days in a school term (consecutively or otherwise), the principal of the school must ensure that the student is given a reasonable opportunity to attend counselling.
17NSuspension—review of student’s circumstances
(1)If a student at a school is suspended, the principal of the school must—
(a)review any reasonable adjustments in place for the student, including reviewing the way an adjustment is implemented; and
(b)make any reasonable adjustments the principal considers would support the student, including changing the way an adjustment is implemented.
(2)In this section:
adjustment—see the Disability Standards for Education 2005 (Cwlth), section 3.3.
reasonable, in relation to an adjustment—see the Disability Standards for Education 2005 (Cwlth), section 3.4.
17OSuspension—government and Catholic system schools—delegation
The decision‑maker for a government school or Catholic system school may delegate the decision‑maker’s powers under this part in relation to suspending a student at a school to the principal of the school.
NoteFor laws about delegations, see the Legislation Act, pt 19.4.
Part 2A.3Transfers between government schools
17PTransfer
(1)The director‑general may transfer a student at a government school (the transferring school) if satisfied—
(a)the student has engaged in unsafe or noncompliant behaviour; and
(b)the transferring school has exhausted all reasonable alternatives to transferring the student; and
(c)it is not in the best interests of 1 or more of the following for the student to remain at the school:
(i)the student;
(ii)another student;
(iii)a member of staff of the school; and
(d)it is reasonable to transfer the student considering all the circumstances, including any views of the student and their parents about the proposed transfer.
(2)However, the director‑general must not transfer a student unless the principal of the school recommends the student be transferred.
(3)The director‑general may transfer the student as recommended by the principal, or subject to any change the director‑general considers reasonable.
(4)For subsection (1) (c) (i), the director‑general may consider whether the relationship between the student and the school has deteriorated to such an extent that remaining at the school is no longer in the student’s best interests.
17QTransfer—notice
If the director‑general transfers a student, the director‑general must—
(a)tell the student, and give their parents written notice, about the transfer, including—
(i)the grounds for the transfer; and
(ii)the school to which the student is to be transferred; and
(iii)the day the transfer takes effect; and
(b)tell the recommending principal about the transfer, including any changes made to the principal’s recommendation; and
(c)tell the principal of the school to which the student is being transferred about the transfer, including—
(i)the grounds for the transfer; and
(ii)the school from which the student is being transferred; and
(iii)the day the transfer takes effect.
17RTransfer—principal’s recommendation
(1)The principal of a government school may recommend to the director‑general that a student at the school be transferred from the school.
(2)However, the principal may make a recommendation only if the principal has complied with the requirements for involving the student and their parents in the decision‑making process under section 17S.
(3)The principal’s recommendation must include the following information about the proposed transfer:
(a)the grounds for the transfer including details of—
(i)the student’s unsafe or noncompliant behaviour; and
(ii)how they have exhausted reasonable alternatives to transferring the student;
NoteUnsafe or noncompliant
behaviour—see s 17B.
Reasonable alternatives—see s 17C.
(b)the school to which the student is to be transferred;
(c)the day the transfer is to take effect;
(d)the steps taken to involve the student and their parents in the decision‑making process under section 17S, and any views of the student and their parents about the transfer.
(4)The principal’s recommendation may include any other information the principal considers would assist the director‑general in deciding whether to transfer the student.
17STransfer—involving student and parents
Before recommending the transfer of a student under section 17R, the principal of a government school must tell the student, and give their parents written notice, about the transfer, including—
(a)the grounds for the proposed transfer including details of—
(i)the student’s unsafe or noncompliant behaviour; and
(ii)how they have exhausted reasonable alternatives to transferring the student; and
NoteUnsafe or noncompliant
behaviour—see s 17B.
Reasonable alternatives—see s 17C.
(b)the school to which it is proposed the student be transferred; and
(c)the day the proposed transfer is to take effect; and
(d)the decision‑making process for the proposed transfer, and how the student and their parents may take part in the process and have their views heard.
17TTransfer—counselling
If a student at a government school is transferred, the principal of the school must ensure the student is given a reasonable opportunity to attend counselling.
Part 2A.4Expulsion from Catholic system schools and independent schools
17UExpulsion
(1)The decision‑maker for a Catholic system school or an independent school may expel 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 expelling the student; and
(c)it is not in the best interests of 1 or more of the following for the student to remain at the school:
(i)the student;
(ii)another student;
(iii)a member of staff of the school; and
(d)it is reasonable to expel the student considering all the circumstances, including any views of the student and their parents about the proposed expulsion.
(2)However, the decision‑maker for a school may expel a student only if—
(a)for a Catholic system school—the principal of the school recommends the student be expelled; and
(b)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 17X.
(3)The decision‑maker for a Catholic system school may expel the student as recommended by the principal, or subject to any change the decision‑maker considers reasonable.
(4)For subsection (1) (c) (i), the decision‑maker may consider whether the relationship between the student and the school has deteriorated to such an extent that remaining at the school is no longer in the student’s best interests.
17VExpulsion—notice
If the decision‑maker for a Catholic system school or an independent school expels a student, the decision‑maker must—
(a)tell the student, and give their parents written notice, about the expulsion, including—
(i)the grounds for the expulsion; and
(ii)the day the expulsion takes effect; and
(b)for a Catholic system school—tell the principal about the expulsion, including any changes made to the principal’s recommendation.
17WExpulsion—Catholic system schools—principal’s recommendation
(1)This section applies in relation to a student at a Catholic system school.
(2)The principal of the school may recommend to the decision‑maker for the school that the student be expelled.
(3)However, the principal may make a recommendation only if the principal has complied with the requirements for involving the student and their parents in the decision‑making process under section 17X.
(4)The principal’s recommendation must include the following information about the proposed expulsion:
(a)the grounds for the expulsion, including details of—
(i)the student’s unsafe or noncompliant behaviour; and
(ii)how they have exhausted reasonable alternatives to expelling the student;
NoteUnsafe or noncompliant
behaviour—see s 17B.
Reasonable alternatives—see s 17C.
(b)the day the expulsion is to take effect;
(c)the steps taken to involve the student and their parents in the decision‑making process under section 17X, and any views of the student and their parents about the expulsion.
(5)The principal’s recommendation may include any other information the principal considers would assist the decision‑maker in deciding whether to expel the student.
17XExpulsion—involving student and parents
(1)This section applies if—
(a)the principal of a Catholic system school proposes to recommend the expulsion of a student under section 17W; or
(b)the principal of an independent school proposes to expel a student at the school.
(2)Before taking the proposed action, the principal must tell the student, and give their parents written notice, about the following:
(a)the grounds for the proposed expulsion including details of—
(i)the student’s unsafe or noncompliant behaviour; and
(ii)how they have exhausted reasonable alternatives to expelling the student; and
NoteUnsafe or noncompliant
behaviour—see s 17B.
Reasonable alternatives—see s 17C.
(b)the day the proposed expulsion is to take effect;
(c)the decision‑making process for the proposed expulsion, and how the student and their parents may take part in the process and have their views heard.
17YExpulsion—counselling
If a student at a Catholic system school or an independent school is expelled, the principal of the school must ensure the student is given a reasonable opportunity to attend counselling.
Part 2A.5Excluding a student from a system of schools
Division 2A.5.1 Exclusion—government schools
17ZApplication—div 2A.5.1
This division applies in relation to a student if the student—
(a)is enrolled at a government school; and
(b)is not of compulsory education age.
17ZAExclusion—government schools
(1)The director‑general may exclude a student from enrolling at any government school if satisfied—
(a)the student has engaged in unsafe or noncompliant behaviour; and
(b)the school at which the student is enrolled has exhausted all reasonable alternatives to excluding the student; and
(c)it is not in the best interests of 1 or more of the following for the student to be enrolled at any government school:
(i)the student;
(ii)another student at a government school;
(iii)a member of staff of a government school; and
(d)it is reasonable to exclude the student considering all the circumstances, including any views of the student and their parents about the proposed exclusion.
(2)However, the director‑general must not exclude a student unless the principal of the school recommends the student be excluded.
(3)The director‑general may exclude the student as recommended by the principal, or subject to any change the director‑general considers reasonable.
(4)For subsection (1) (c) (i), the director‑general may consider whether the relationship between the student and the government school system has deteriorated to such an extent that the student’s enrolment at any government school is no longer in the student’s best interests.
17ZBExclusion—government schools—notice
If the director‑general excludes a student from enrolling at any government school, the director‑general must—
(a)tell the student, and give their parents written notice, about the exclusion, including—
(i)the grounds for the exclusion; and
(ii)the day the exclusion takes effect; and
(b)tell the recommending principal about the exclusion, including any changes made to the principal’s recommendation.
17ZCExclusion—government schools—principal’s recommendation
(1)The principal of a government school may recommend to the director‑general that a student at the school be excluded from enrolling at any government school.
(2)However, the principal may make a recommendation only if the principal has complied with the requirements for involving the student and their parents in the decision‑making process under section 17ZD.
(3)The principal’s recommendation must include the following information about the proposed exclusion:
(a)the grounds for the proposed exclusion including details of—
(i)the student’s unsafe or noncompliant behaviour; and
(ii)how they have exhausted reasonable alternatives to excluding the student; and
(iii)any previous action taken under this chapter against the student and the behaviour giving rise to the action;
NoteUnsafe or noncompliant
behaviour—see s 17B.
Reasonable alternatives—see s 17C.
(b)the day the exclusion is to take effect;
(c)the steps taken to involve the student and their parents in the decision‑making process under section 17ZD, and any views of the student and their parents about the exclusion.
(4)The principal’s recommendation may include any other information the principal considers would assist the director‑general in deciding whether to exclude the student from enrolling at any government school.
17ZDExclusion—government schools—involving student and parents
Before recommending the exclusion of a student under section 17ZC, the principal of the government school at which the student is enrolled must tell the student, and give their parents written notice of the following about the proposed exclusion:
(a)the grounds for the exclusion, including details of—
(i)the student’s unsafe or noncompliant behaviour; and
(ii)how they have exhausted reasonable alternatives to excluding the student;
NoteUnsafe or noncompliant
behaviour—see s 17B.
Reasonable alternatives—see s 17C.
(b)the day the exclusion is to take effect;
(c)options available for the student to continue their education after the exclusion;
(d)the decision‑making process for the exclusion, and how the student and their parents may take part in the process and have their views heard.
17ZEExclusion—government schools—ongoing education and counselling
If a student at a government school is excluded from enrolling at any government school, the principal of the school at which the student is enrolled must ensure the student is given—
(a)a reasonable opportunity to attend counselling; and
(b)information about options to continue their education after the exclusion.
Examples—options for continuing education after exclusion
1enrolment at a non‑government school
2distance education provided by another jurisdiction
3enrolment at a vocational education training organisation
Division 2A.5.2 Exclusion—Catholic system schools
17ZFExclusion—Catholic system schools
(1)The director of Catholic education may exclude a student from enrolling at any Catholic system school if satisfied—
(a)the student has engaged in unsafe or noncompliant behaviour; and
(b)the school at which the student is enrolled has exhausted all reasonable alternatives to excluding the student; and
(c)it is not in the best interests of 1 or more of the following for the student to be enrolled at any Catholic system school:
(i)the student;
(ii)another student at a Catholic school;
(iii)a member of staff of a Catholic school; and
(d)it is reasonable to exclude the student considering all the circumstances, including any views of the student and their parents about the proposed exclusion.
(2)However, the director must not exclude a student unless the principal of the school recommends the student be excluded.
(3)The director may exclude the student as recommended by the principal, or subject to any change the director considers reasonable.
(4)For subsection (1) (c) (i), the director may consider whether the relationship between the student and the Catholic school system has deteriorated to such an extent that the student’s enrolment at any Catholic system school is no longer in the student’s best interests.
17ZGExclusion—Catholic system schools—notice
If the director of Catholic education excludes a student from enrolling at any Catholic system school, the director must—
(a)tell the student, and give their parents written notice, about the exclusion, including—
(i)the grounds for the exclusion; and
(ii)the day the exclusion takes effect; and
(b)tell the recommending principal about the exclusion, including any changes made to the principal’s recommendation.
17ZHExclusion—Catholic system schools—principal’s recommendation
(1)The principal of a Catholic system school may recommend to the director of Catholic education that a student at the school be excluded from enrolling at any Catholic system school.
(2)However, the principal may make a recommendation only if the principal has complied with the requirements for involving the student and their parents in the decision‑making process under section 17ZI.
(3)The principal’s recommendation must include the following information about the proposed exclusion:
(a)the grounds for the exclusion including details of—
(i)the student’s unsafe or noncompliant behaviour; and
(ii)how they have exhausted reasonable alternatives to excluding the student; and
(iii)any previous action taken under this chapter against the student, including the behaviour giving rise to the action;
NoteUnsafe or noncompliant
behaviour—see s 17B.
Reasonable alternatives—see s 17C.
(b)the day the exclusion is to take effect;
(c)the steps taken to involve the student and their parents in the decision‑making process under section 17ZI, and any views of the student and their parents about the exclusion.
(4)The principal’s recommendation may include any other information the principal considers would assist the director in deciding whether to exclude the student from enrolling at any Catholic system school.
17ZIExclusion—Catholic system schools—involving student and parents
Before recommending the exclusion of a student under section 17ZH, the principal of a Catholic system school must tell the student, and give their parents written notice, about the proposed exclusion, including—
(a)the grounds for the exclusion, including details of—
(i)the student’s unsafe or noncompliant behaviour; and
(ii)how they have exhausted reasonable alternatives to excluding the student;
NoteUnsafe or noncompliant
behaviour—see s 17B.
Reasonable alternatives—see s 17C.
(b)the day the exclusion is to take effect;
(c)the decision‑making process for the exclusion, and how the student and their parents may take part in the process and have their views heard.
17ZJExclusion—Catholic system schools—counselling
If a student at a Catholic system school is excluded from enrolling at any Catholic system school, the principal of the school must ensure the student is given a reasonable opportunity to attend counselling.
Suspension, exclusion or transfer of student by director‑general
Section 36omit
Sections 104 and 105
omit
Student transfer register
Section 146Aomit
New chapter 10
insert
Chapter 10Transitional—Education Amendment Act 2022
Part 10.1Education Amendment Act 2022—part 2
Definitions—pt 10.1
In this part:
commencement day means the day the Education Amendment Act 2022, part 2 commences.
pre‑amendment Act means this Act, as in force immediately before the commencement day.
Government school suspensions
(1)This section applies if—
(a)before the commencement day, a student at a government school was suspended under the pre‑amendment Act, section 36 (3) (Suspension, exclusion or transfer of student by director‑general); and
(b)immediately before the commencement day, the suspension had not ended.
(2)The pre‑amendment Act continues to apply to the suspension.
Government school immediate suspensions
(1)This section applies if—
(a)before the commencement day, a student at a government school was immediately suspended under the pre‑amendment Act, section 36 (6); and
(b)immediately before the commencement day, the immediate suspension had not ended.
(2)The pre‑amendment Act continues to apply to the immediate suspension.
Government school exclusions
(1)This section applies if, before the commencement day, a student was excluded from all government schools under the pre‑amendment Act, section 36 (3).
(2)The student is, on the commencement day, taken to be excluded from enrolling at any government school under section 17ZA (Exclusion—government schools).
Non‑government school suspensions
(1)This section applies if—
(a)before the commencement day, a student at a non‑government school was suspended under the pre‑amendment Act—
(i)section 104 (3) (Suspension, transfer or exclusion of students—Catholic systemic schools); or
(ii)section 105 (2) (Suspension or exclusion of students—other non‑government schools); and
(b)immediately before the commencement day, the suspension had not ended.
(2)The pre‑amendment Act continues to apply to the suspension.
Non‑government school immediate suspensions
(1)This section applies if—
(a)before the commencement day, a student at a non‑government school was immediately suspended under the pre‑amendment Act—
(i)section 104 (6); or
(ii)section 105 (5); and
(b)immediately before the commencement day, the immediate suspension had not ended.
(2)The pre‑amendment Act continues to apply to the immediate suspension.
Catholic systemic schools exclusions
(1)This section applies if, before the commencement day, a student was excluded from all Catholic systemic schools under the pre‑amendment Act, section 104 (3).
(2)The student is, on the commencement day, taken to be excluded from enrolling at any Catholic system school under section 17ZF (Exclusion—Catholic system schools).
Student transfer register
The student transfer register kept under the pre‑amendment Act, section 146A is, on the commencement day, taken to be the student movement register under section 10AA.
Part 10.2Transitional regulations
Transitional regulations
(1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Education Amendment Act 2022.
(2)A regulation may modify this chapter (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this chapter.
(3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
Part 10.3Expiry
Expiry—ch 10
This chapter expires 12 months after the day it commences.
NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Reviewable decisions
Schedule 1, item 12substitute
| 12 | 17H | suspend student from a government school | parent of student | director‑general |
| 12A | 17P | transfer student from a government school | parent of student | director‑general |
| 12B | 17ZA | exclude student from enrolling at any government school | parent of student | director‑general |
Dictionary, new definition of Catholic system school
insert
at—a student is a student at a school if the student is enrolled at the school.
Catholic system school means a non‑government school for which the trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn are the proprietors.
Dictionary, definition of compulsory education age
substitute
compulsory education age—see section 9.
Dictionary, definition of decision‑maker
substitute
decision‑maker—
(a)for a school, for chapter 2A (Suspension, transfer, expulsion and exclusion of students)—see section 17C; or
(b)for part 6.1 (Notification and review of decisions)—see section 140.
delegated principal, for a government school or Catholic system school, for chapter 2A (Suspension, transfer, expulsion and exclusion of students)—see section 17C.
Dictionary, new definitions
insert
director of Catholic education means the Director, Catholic Education, Archdiocese of Canberra and Goulburn.
exclude, a student—
(a)for a student at a government school, for chapter 2A (Suspension, transfer, expulsion and exclusion of students)—see section 17C; or
(b)for a student at a Catholic system school, for chapter 2A (Suspension, transfer, expulsion and exclusion of students)—see section 17C.
Dictionary, definition of exclusion
omit
Dictionary, new definitions
insert
expel, a student at a school, for chapter 2A (Suspension, transfer, expulsion and exclusion of students)—see section 17C.
independent school means a non‑government school that is not a Catholic system school.
principal, of a non‑government school, means—
(a)a person appointed to the position (including a person appointed to act in the position) of principal of the school; or
(b)if no one is appointed to the position or the school has no position by that name—the person responsible for the school’s day‑to‑day management.
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
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.
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.
Part 3Education Act 2004—non‑government schools
Main objects of Act
Section 8 (f)substitute
(f)to provide for the registration of non‑government schools, and ensure their compliance with registration standards; and
Meaning of education course and education provider—Act
Table 9A, items 1 and 2, column 3omit
school
substitute
government or non‑government school
Child of compulsory education age—school attendance requirement
Section 10A (1) (b)omit
school
substitute
government or non‑government school
Child of compulsory education age—participation requirement
Section 10D (1) (b)omit
school
substitute
government or non‑government school
Giving information notice
Section 11C (2) (c)omit
a school
substitute
a government or non‑government school
Section 11C (2) (d)
omit
school
substitute
government or non‑government school
Establishing government schools etc
Section 20 (2) (b) and notesubstitute
(b)the levels of education to be provided by government schools.
Section 20B heading
substitute
20BImpacts of closing or amalgamating government schools
Section 20B (1)
omit
a school
substitute
a government school
Operation of government schools
Section 21 (3)omit
boarding facilities
substitute
residential boarding services
Education to be free
Section 26 (2) (a)omit
course money
substitute
tuition fees
Section 26 (6), definition of course money
substitute
tuition fees—see the Education Services for Overseas Students Act 2000 (Cwlth), section 7.
Approved educational courses for students at government schools
Section 31 (1)after
the school
insert
(an approved educational course (government))
Chapter 4
substitute
Chapter 4Non‑government schools
Part 4.1Non‑government schools—principles
Principles—ch 4
This chapter is based on the following principles:
(a)the non‑government school sector consists of schools from a range of different educational and religious philosophies;
(b)the variety of schools in the sector reflects the diversity of the community in the ACT and the preferences of parents for a particular style of education for their children;
(c)the non‑government schools sector is committed to—
(i)developing the spiritual, physical, emotional and intellectual welfare of its students; and
(ii)innovation, diversity and choice; and
(iii)maximising student outcomes; and
(iv)teacher, parent and student participation in school education; and
(v)promoting the partnership between home and school; and
(vi)preparing students for their full participation in all aspects of a democratic society.
Part 4.2Non‑government schools—administration
Division 4.2.1 Registrar of non‑government schools
Registrar—appointment
The Minister must appoint a person as the Registrar of Non‑Government Schools (the registrar).
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
Registrar—functions
The registrar has the following functions:
(a)to administer the registration of non‑government schools and keep the register of non‑government schools;
(b)to develop an annual registration review program, in collaboration with the registration standards advisory board;
(c)to carry out registration reviews of registered schools;
(d)any other function given to the registrar under this Act or another territory law.
Division 4.2.2 Registration standards advisory board
Registration standards advisory board—establishment
The Registration Standards Advisory Board is established.
Registration standards advisory board—functions
The registration standards advisory board has the following functions:
(a)to advise the Minister about whether applications to register non‑government schools meet the criteria for registration;
(b)to assist the registrar in developing annual registration review programs, including identifying registered schools for registration reviews and areas of focus for registration reviews;
(c)to advise the Minister on matters relating to the registration standards, including matters arising from registration reviews;
(d)to assist the registrar in advising the Minister about proposed regulatory action against registered schools;
(e)to advise the Minister about potential improvements to the registration standards;
(f)any other function given to the board under this Act or another territory law.
Registration standards advisory board—advice to Minister
The Minister may, at any time, direct the registration standards advisory board to provide advice to the Minister about a matter relating to the registration standards.
Registration standards advisory board—membership
(1)The registration standards advisory board consists of the following members appointed by the Minister:
(a)a chair;
(b)at least 1 and not more than 3 members chosen by the Minister;
(c)1 member nominated by the director‑general;
(d)1 member nominated by the Association of Independent Schools of the ACT;
(e)1 member nominated by Catholic Education, Archdiocese of Canberra and Goulburn.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(2)The Minister may appoint a member only if—
(a)satisfied that the person has qualifications, expertise and experience relevant to the functions of the board; and
(b)the person is registered under the Working with Vulnerable People (Background Checking) Act 2011 to engage in regulated activities involving children; and
(c)any other requirements prescribed by regulation are met.
(3)Also, the Minister may appoint a person under subsection (1) (a) or (b) only if—
(a)the Minister has consulted the following entities about the appointment:
(i)the Association of Independent Schools of the ACT;
(ii)Catholic Education, Archdiocese of Canberra and Goulburn; and
(b)the person is not any of the following:
(i)a public servant working in the directorate responsible for administering this Act;
(ii)an employee of a registered school;
(iii)a member of the governing body of a registered school;
(iv)a director of a corporation that is the proprietor of a registered school;
(v)a trustee of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn;
(vi)an employee of Catholic Education, Archdiocese of Canberra and Goulburn;
(vii)an employee of the Association of Independent Schools of the ACT.
(4)A member’s conditions of appointment are the conditions stated in the instrument of appointment.
Registration standards advisory board—term of appointment
A member of the registration standards advisory board must be appointed for a term not longer than 3 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, def appoint).
Registration standards advisory board—ending appointment
The Minister may end the appointment of a member of the registration standards advisory board—
(a)for misconduct; or
(b)if the member is convicted or found guilty, in the ACT, of an offence punishable by imprisonment for at least 1 year; or
NoteA conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).
(c)if the member is convicted or found guilty, outside the ACT, of an offence that, if committed in the ACT, would be punishable by imprisonment for at least 1 year; or
(d)if the member fails to comply with section 83 (Registration standards advisory board—disclosure of interests) without reasonable excuse; or
(e)if the member is absent from 2 consecutive meetings of the board, other than on leave approved by the chair; or
(f)for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.
Registration standards advisory board—facilities etc
The director‑general must provide administrative support and facilities for the registration standards advisory board.
Registration standards advisory board—conduct of meetings
(1)Meetings of the registration standards advisory board are to be held when and where the board decides.
(2)However, the board must meet at least 4 times each year.
(3)The board may conduct its proceedings (including its meetings) as it considers appropriate.
(4)Business may be conducted at a meeting of the board only if at least 4 members are present.
(5)The board must keep minutes of its meetings.
Registration standards advisory board—disclosure of interests
(1)This section applies to a member of the registration standards advisory board if—
(a)the member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and
(b)the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.
(2)As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board.
(3)The disclosure must be recorded in the board’s minutes and, unless the board otherwise decides, the member must not—
(a)be present when the board considers the issue; or
(b)take part in a decision of the board on the issue.
Part 4.3Non‑government schools—registration
Division 4.3.1 Non‑government schools registration standards
Non‑government schools registration standards
A regulation may prescribe standards for the registration of non‑government schools (the registration standards), including standards about—
(a)governance; and
(b)educational courses and educational programs; and
(c)safety and welfare of students; and
(d)other requirements for operation.
NoteIt is a condition of being registered that a non‑government school must comply with any registration standards and make and keep records about complying with the registration standards (see s 93).
Registration standards guidelines
(1)The registrar must make guidelines about how a registered school is to comply with the registration standards (the registration standards guidelines).
(2)The registration standards guidelines must be developed in consultation with—
(a)the registration standards advisory board; and
(b)Catholic Education, Archdiocese of Canberra and Goulburn; and
(c)the Association of Independent Schools of the ACT; and
(d)the proprietor of any registered school that is not either—
(i)a Catholic system school; or
(ii)a member of the Association of Independent Schools of the ACT.
(3)A registration standards guideline is a notifiable instrument.
Division 4.3.2 In‑principle approval for registration
In‑principle approval—application
(1)A person may apply for in‑principle approval to register a non‑government school if the person is—
(a)the proposed proprietor of the school; and
(b)a corporation.
(2)The application must be in writing and include—
(a)the following information for each campus at which the person proposes to operate the school (a proposed campus):
(i)the location of the campus;
(ii)the day the school is to begin operating from the campus (the proposed starting day);
(iii)the levels of education to be provided at the campus;
(iv)the day each level of education is to start being provided at the campus;
(v)whether residential boarding services are to be provided at the campus; and
(b)evidence that there is, or is likely to be, demand in the community for the proposed school; and
(c)any information or documents prescribed by regulation.
(3)A proposed starting day must be at least 2 years, but not more than 4 years, after the day the application is made.
(4)If the Minister receives an application, the registrar must give public notice of the following:
(a)that an application has been made;
(b)the information mentioned in subsection (2) (a);
(c)how a person may make submissions about the application to the Minister, including the day, at least 60 days after notice is given, by which a submission must be made.
In‑principle approval—further information
(1)The Minister may, by written notice, require an applicant to give the Minister further information that the Minister reasonably needs to decide the application within a stated time.
(2)If the applicant does not comply with a requirement in the notice, the Minister may refuse to consider the application further.
In‑principle approval—decision on application
(1)The Minister may approve the application only if satisfied it is appropriate to issue the in‑principle approval for registration of a non‑government school, having regard to—
(a)the level of interest in the proposed school, including the projected enrolments for the school; and
(b)any submissions made under section 86 (4) (c).
(2)The Minister must give the applicant—
(a)notice in writing of the decision; and
(b)if the Minister approves the application—an in‑principle approval for registration of the non‑government school.
(3)The in‑principle approval for registration of the non‑government school must include the following information for each proposed campus:
(a)the location of the campus;
(b)the proposed starting day for the campus;
(c)the levels of education to be provided at the campus;
(d)the day each level of education is to start being provided at the campus;
(e)whether residential boarding services are to be provided at the campus;
(f)the day the in-principle approval expires.
(4)If the Minister is not satisfied under subsection (1), the Minister must—
(a)refuse the application; and
(b)tell the applicant, in writing, about the refusal.
(5)The Minister must give public notice of the decision.
(6)An in‑principle approval expires on the latest of the following:
(a)2 years after the day it is issued;
(b)the latest proposed starting day for a campus of the school;
(c)any later day stated in the in‑principle approval.
Division 4.3.3 Registration
Registration—application
(1)A person may apply to the Minister to register a non‑government school only if the person—
(a)is a corporation; and
(b)is the proposed proprietor of the non‑government school; and
(c)holds an in‑principle approval to register the school.
(2)The application must—
(a)be made at least 9 months before the proposed starting day for the school; and
(b)be in writing; and
(c)set out any proposed change to the matters mentioned in section 86 (2) (a) for which in‑principle approval was given; and
(d)include the name and contact details of each key individual for the applicant;
(e)include any information or documents prescribed by regulation.
(3)Despite subsection (2) (a), the application may be made less than 9 months before the proposed starting day with the written approval of the Minister.
(4)If the Minister receives an application, the registrar must give public notice of the following:
(a)that an application has been made;
(b)the information mentioned in subsection (2) (c).
Registration—further information
(1)The Minister may, by written notice, require an applicant to give the Minister further information that the Minister reasonably needs to decide the application, within a stated time.
(2)If the applicant does not comply with a requirement in the notice, the Minister may refuse to consider the application further.
Registration—referral to registration standards advisory board
(1)The Minister must refer an application for registration of a non‑government school to the registration standards advisory board.
(2)The board must—
(a)consider the application; and
(b)assess whether the proposed school would, if registered, comply with the registration standards.
(3)The board may, by written notice, require an applicant to give the board further information that the board reasonably needs to assess the application, within a stated time.
(4)The board must—
(a)give the Minister a report of the board’s assessment; or
(b)if the board is unable to make an assessment because the applicant has not complied with a notice under subsection (3)—notify the Minister of that fact.
(5)After the Minister receives the report, the registrar must give public notice of the report.
Registration—decision on application
(1)The Minister must approve an application for registration of a non‑government school if, after considering the board’s assessment given under section 91, the Minister is satisfied that the proposed school would, if registered, comply with the registration standards.
(2)If the Minister is not satisfied under subsection (1), or the board is unable to make an assessment, the Minister must—
(a)refuse the application; and
(b)tell the applicant, in writing, about the refusal.
Registration—conditions
A non‑government school’s registration is subject to the following conditions (each of which is a registration condition):
(a)the school must comply with any registration standards;
(b)the school must make and keep records about complying with any registration standards;
(c)the school must have a principal;
(d)any condition imposed by the Minister under section 125A (Taking regulatory action);
(e)any other condition prescribed by regulation;
(f)any other condition the Minister considers appropriate.
Registration—duration
Registration of a school continues until the registration is cancelled or surrendered.
NoteRegistration may be cancelled under s 125A.
Registration—register and registration certificate
(1)If the Minister approves an application to register a non‑government school, the registrar must—
(a)enter the school in the register of non‑government schools; and
NoteThe registrar must record the information set out in s 106 (2).
(b)give the proprietor of the school a registration certificate for the school.
(2)A registration certificate for a school must include—
(a)the name of the school; and
(b)the proprietor of the school, including their ACN or ABN; and
(c)for each campus at which the school is registered to operate (a registered campus)—
(i)the location of the campus; and
(ii)the levels of education to be provided at the campus; and
(iii)whether residential boarding services are to be provided at the campus; and
(d)the conditions on the registration; and
(e)any other information prescribed by regulation.
(3)The registration certificate may also include any other information the registrar considers appropriate.
Division 4.3.4 Amending registration
Proprietor must tell registrar about notifiable changes
(1)This section applies if the proprietor of a registered school intends to make any of the following changes to the operation of the school (a notifiable change):
(a)stop operating at a registered campus;
(b)stop providing a level of education at a registered campus;
(c)stop providing residential boarding services at a registered campus;
(d)restart operating at a previously registered campus within 2 years after stopping operating at the campus;
(e)restart providing a level of education at a registered campus (or previously registered campus) within 2 years after stopping providing the level of education at the campus;
(f)restart providing residential boarding services at a registered campus (or previously registered campus) within 2 years after stopping providing residential boarding services at the campus.
(2)However, this section does not apply if the change is an urgent temporary change made in response to a natural disaster or other unforeseeable emergency.
Example—urgent temporary change
a school building floods and the school moves an educational level to another campus while the flood damage is repaired
NoteFor requirements about an urgent temporary change see s 103.
(3)The proprietor must give the registrar written notice of the change.
(4)The notice must—
(a)be given at least 6 months before the day the change to the operation of the school is proposed to begin (the proposed change day); and
(b)be in writing; and
(c)state the proposed change day; and
(d)include any information or documents prescribed by regulation.
(5)The proprietor must also tell the parents of each student at the school, in writing, about the change, at least 6 months before the change happens.
(6)If a proprietor tells the registrar about a notifiable change, the registrar must—
(a)amend the register of non‑government schools to reflect the notifiable change; and
(b)give the proprietor of the school a revised registration certificate reflecting the notifiable change.
Proprietor must apply for registrable changes
(1)This section applies if the proprietor of a registered school intends to make any of the following changes (a registrable change):
(a)start operating the school at a new campus;
(b)start providing a new level of education at a registered campus;
(c)start providing residential boarding services at a registered campus;
(d)transfer the school’s registration to a new proprietor.
(2)However, this section does not apply if the change is—
(a)a notifiable change to the operation of the school; or
(b)an urgent temporary change made in response to a natural disaster or other unforeseeable emergency.
NoteFor requirements about an urgent temporary change see s 103.
(3)The proprietor must apply to the Minister for amendment of the school’s registration.
Registration amendment—application
(1)An application for amendment of a school’s registration must—
(a)be made at least 9 months before the day the change is proposed to begin (the proposed change day); and
(b)be in writing; and
(c)state the proposed change day; and
(d)for an amendment to operate at a new campus, state—
(i)the location of the new campus; and
(ii)the levels of education the proprietor proposes the school to provide at the new campus; and
(iii)whether the proprietor proposes the school provide residential boarding services at the new campus; and
(iv)if not all proposed levels of education are to be provided at the new campus on the proposed change day—the day the proprietor proposes to start providing each level of education at the new campus; and
(e)for an amendment to provide a new level of education at an already registered campus, state—
(i)the new level of education to be provided; and
(ii)the registered campus where the new level of education is to be provided; and
(f)for an amendment to provide new residential boarding services at an already registered campus—state the registered campus where the new residential boarding services are to be provided; and
(g)for an amendment to transfer the school’s registration to a new proprietor—
(i)state—
(A)the name of the proposed new proprietor; and
(B)the name and contact details of each key individual for the proposed new proprietor; and
(ii)include evidence to show the proposed new proprietor knows about and understands the purpose of the application; and
(h)include any information or documents prescribed by regulation.
(2)Despite subsection (1) (a), the application may be made less than 9 months before the proposed change day with the written approval of the Minister.
(3)If the Minister receives an application, the registrar must give public notice of the following:
(a)that an application has been made;
(b)the information mentioned in subsection (1) (c) to (g);
(c)how a person may make submissions about the application to the Minister, including the day, at least 60 days after notice is given, by which a submission must be made.
Registration amendment—further information
(1)The Minister may, by written notice, require the applicant, or proposed new proprietor, to give the Minister further information within a stated time that the Minister reasonably needs to decide the application.
(2)If the applicant does not comply with a requirement in the notice, the Minister may refuse to consider the application further.
Registration amendment—referral to registration standards advisory board
(1)The Minister must refer an application under section 97 to the registration standards advisory board.
(2)The board must—
(a)consider the application; and
(b)assess whether the school as proposed to be changed or transferred would, if registered, comply with the registration standards.
(3)The board may, by written notice, require an applicant or proposed new proprietor to give the board further information that the board reasonably needs to assess the application, within a stated time.
(4)The board must—
(a)give the Minister a report of the board’s assessment; or
(b)if the board is unable to make an assessment because the applicant or proposed new proprietor has not complied with a notice under subsection (3)—notify the Minister of that fact.
(5)After the Minister receives a report, the registrar must give public notice of the report.
Registration amendment—decision on application
(1)The Minister must approve an application to amend a school’s registration if the Minister is satisfied that—
(a)after considering the board’s assessment given under section 100, the school as proposed to be changed or transferred would, if registered, comply with the registration standards; and
(b)the proposed change is appropriate, having regard to—
(i)the level of interest in the school as proposed to be changed, including the projected enrolments for the school as proposed to be changed; and
(ii)any submissions made under section 98 (3) (c).
(2)If the Minister approves the application—
(a)the Minister must tell the applicant, in writing, about the decision; and
(b)for an amendment to transfer the school’s registration to a new proprietor—tell the new proprietor, in writing, about the decision; and
(c)the registrar must—
(i)amend the register of non‑government schools to reflect the registrable change; and
(ii)give a revised registration certificate reflecting the registrable to—
(A)if the school’s registration is to be transferred to a new proprietor—the new proprietor; or
(B)in any other case—the proprietor of the school.
(3)If the Minister is not satisfied under subsection (1), or the board is unable to make an assessment, the Minister must—
(a)refuse the application; and
(b)tell the applicant, in writing, about the refusal.
Registration amendment—conditions
(1)If the Minister amends a school’s registration, the Minister may also impose or amend a registration condition for the school in any way the Minister considers appropriate.
(2)However, the Minister must not amend a registration condition requiring compliance with the registration standards.
Urgent temporary change
(1)The proprietor of a registered school must, in writing—
(a)tell the registrar within 5 days about any urgent temporary change to the operation of the school made in response to a natural disaster or other unforeseeable emergency; and
(b)keep the registrar informed about progress returning to the arrangements for which the school is registered; and
(c)tell the registrar when the arrangements for which the school is registered have been restored.
(2)The registrar may at any time require the change to be treated as a notifiable change.
Division 4.3.5 Registration offences
Offence—operate unregistered non‑government school
(1)A person must not operate a non‑government school unless the school is registered.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Offence—operate registered school other than within scope of registration
(1)The proprietor of a registered school must not operate the school at a campus unless the school is registered to operate at the campus.
Maximum penalty: 10 penalty units.
(2)The proprietor of a registered school must not provide a level of education at a campus unless the school is registered to provide the level of education at the campus.
Maximum penalty: 10 penalty units.
(3)The proprietor of a registered school must not provide residential boarding services at a campus unless the school is registered to provide residential boarding services at the campus.
Maximum penalty: 10 penalty units.
(4)An offence against this section is a strict liability offence.
Division 4.3.6 Register of non‑government schools
Register of registered non‑government schools
(1)The registrar must keep a register of registered schools.
(2)The register must include the following information for each registered school:
(a)the name of the school;
(b)the proprietor of the school, including their ACN or ABN;
(c)the name and contact details of the principal of the school;
(d)for each registered campus—
(i)the location of the campus; and
(ii)the levels of education provided at the campus; and
(iii)whether residential boarding services are provided at the campus;
(e)the conditions on the registration;
(f)details of any regulatory action taken against the proprietor of the school in relation to the school;
(g)if the registration is cancelled or surrendered—the date of cancellation or surrender;
(h)any other information prescribed by regulation.
(3)The information mentioned in subsection (2) must be made available to the public.
Example—made available to the public
published on an ACT government website
Proprietor must update details
(1)If any of the following information for a registered school changes, the proprietor of the school must tell the registrar about the change, in writing, within 7 days after the change happens:
(a)the name or contact details of the principal of the school;
(b)the name or contact details of the chair of the school’s governing body (if any).
(2)If either of the following changes happen, the proprietor of a registered school must tell the registrar about the change, in writing, within 28 days after the change happens:
(a)a person becomes a key individual for the proprietor;
(b)a person stops being a key individual for the proprietor.
Part 4.4Non‑government schools—registration reviews
Division 4.4.1 Reasons to carry out registration review
Meaning of registration review—ch 4
In this chapter:
registration review, of a registered school—
(a)means an assessment by the registrar of whether the school is complying with this Act; and
(b)includes a review carried out in the following circumstances:
(i)under an annual registration review program;
(ii)after a concern is raised with the registrar about a registered school’s compliance with this Act.
Annual registration review program
(1)The registrar must, before the end of each calendar year, prepare a program for registration reviews of registered schools that the registrar intends to conduct in the next calendar year (an annual registration review program).
(2)In developing an annual registration review program, the registrar must consult the registration standards advisory board, particularly in relation to identifying—
(a)the registered schools to be reviewed during the year; and
(b)areas of focus for registration reviews during the year.
Registration review after concern raised
(1)Anyone may raise a concern with the registrar about a registered school’s compliance with this Act.
(2)The registrar must take reasonable steps to consider each concern raised with the registrar.
(3)The concern must be in writing and state—
(a)the nature of the concern, including the provision of the Act that is the subject of the complaint (if known); and
(b)the name and address of the person raising the concern.
(4)However, the concern may be raised orally if the registrar is satisfied that to do so is reasonable in all the circumstances.
(5)If the concern is raised orally, the registrar must make a written record of the concern as soon as practicable after being told about the concern.
(6)The registrar may make arrangements for people with communication needs to ensure they have adequate opportunity to raise a concern.
NoteA complaint may also be made to the human rights commission about services for children and young people (see Human Rights Commission Act 2005, s 40A).
Registrar to report concerns to registration standards advisory board
(1)As soon as practicable after the end of each quarter the registrar must give the registration standards advisory board a report about concerns raised under section 110.
(2)The report must not, without the written consent of the person who raised the concern, include information that—
(a)identifies the person as the person who raised the concern; or
(b)would allow the identity of the person to be worked out.
(3)The report must comply with any requirements prescribed by regulation.
(d)for an amendment to stop operating at a registered campus—the location of the campus;
(e)for an amendment to stop providing a level of education at a registered campus—the education level;
(f)for an amendment to transfer the school’s registration to a new proprietor—
(i)the proposed new proprietor’s name and contact details; and
(ii)evidence showing that the new proprietor is a corporation; and
(iii)the proposed new proprietor’s ACN or ABN; and
(iv)evidence showing that the proposed new proprietor is registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth);
(g)a summary of the reasons for the proposed amendment;
(h)evidence of consultation with students, parents and staff about the proposed amendment.
6DApplicant to update information
If any information in an application mentioned in sections 6 to 6C changes before the application is decided, the applicant must give the Minister written notice of the details of the change.
New schedule 2
insert
Schedule 2Non‑government schools registration standards
(see s 5)
Part 2.1Governance
2.1Incorporation
The proprietor of a registered school must be a corporation.
2.2Not‑for‑profit
The proprietor of a registered school must be registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth).
2.3Governance structure
(1)The proprietor of a registered school must ensure the governance structure of the school enables the school to—
(a)fulfill its legal obligations; and
(b)be financially viable; and
(c)operate safely.
(2)The proprietor must ensure that the governance responsibilities of the governing body of the school are separate from the day‑to‑day control and management responsibilities of the principal of the school.
2.4Financial viability
(1)The proprietor of a registered school must ensure that the school has access to adequate financial resources for its viable operation.
(2)The proprietor must ensure that the school’s funding model enables delivery of the school’s educational programs to the number of students at the school, at the levels of education for which the school is registered.
(3)The proprietor must ensure that the school’s—
(a)finances are managed in accordance with the requirements of the Corporations Act; and
(b)financial records are audited annually; and
(c)financial records and audit reports are made available to the registrar on request.
2.5Policies and procedures
(1)The proprietor of a registered school must ensure that the school has policies and procedures in place to ensure the school complies with the registration standards.
(2)The proprietor must ensure that students, parents and staff are consulted about the following policies for the school:
(a)the enrolment policy under standard 2.8;
(b)the complaints policy under standard 2.9;
(c)the behaviour management policy under standard 2.18.
(3)The proprietor must ensure that—
(a)current and prospective students, parents and staff are made aware of the school’s policies and procedures; and
(b)the school’s policies and procedures are made available to the public; and
Example—made available to the public
published on the school’s website
(c)the school’s policies and procedures are made available to the registrar on request.
2.6Annual statement
(1)The proprietor of a registered school must ensure that a written statement is prepared annually, describing how the school has complied with the registration standards during the year.
(2)The proprietor must ensure that the school’s annual statement is made available to the public.
Example—made available to the public
· included in a publicly available annual report
· published on the school’s website
2.7Continuous improvement
(1)The proprietor of a registered school must ensure that the school has processes in place to ensure continuous improvement in the operation of the school.
(2)The proprietor must ensure that the school has processes to—
(a)consult students, parents and staff about the operation of the school, including its educational programs; and
(b)regularly review complaints and safety incidents; and
(c)plan, monitor and assess strategies for improving the operation of the school.
(3)The proprietor must ensure that the school keeps written records of—
(a)the school’s processes for improving its operation; and
(b)how the strategies are to be monitored and assessed; and
(c)whether the strategies have been successful in improving the operation of the school.
2.8Enrolment policy, procedures and contracts
(1)The proprietor of a registered school must ensure that the school has—
(a)a written enrolment policy; and
(b)written enrolment procedures; and
(c)a written enrolment contract.
(2)The proprietor must ensure that the school’s enrolment policy and enrolment contract clearly state the grounds on which a student’s enrolment may be ended.
(3)The proprietor must ensure that the school’s enrolment policy and enrolment procedures—
(a)have regard to the effect on a student of ending the student’s enrolment; and
(b)apply natural justice and procedural fairness.
NoteA school must consult students, parents and staff about the school’s enrolment policy and ensure it is available to current and prospective students, parents and staff (see standard 2.5).
2.9Complaints policy and procedures
(1)The proprietor of a registered school must ensure that the school has—
(a)a written complaints policy; and
(b)written complaints procedures.
(2)The proprietor must ensure that the school’s complaints policy and complaints procedures—
(a)include procedures for receiving, assessing, investigating and resolving complaints; and
(b)take into account the impact of the issues involved in the complaint on all students involved in the complaint; and
(c)apply natural justice and procedural fairness.
NoteA school must consult students, parents and staff about the school’s complaints policy and ensure it is available to current and prospective students, parents and staff (see standard 2.5).
Part 2.2Educational programs
2.10Curriculum
(1)The proprietor of a registered school must ensure that the school has a curriculum framework in place for the organisation and implementation of the school’s educational program.
(2)The proprietor of a school that is registered to provide a level of education from kindergarten to year 10 must ensure the school’s educational program complies with the requirements of at least 1 of the following:
(a)the Australian curriculum;
(b)the International Baccalaureate Primary Years Program;
(c)the International Baccalaureate Middle Years Program;
(d)the Australian Steiner Curriculum Framework;
(e)the Montessori National Curriculum Framework;
(f)another curriculum recognised by ACARA.
(3)The proprietor of a school that is registered to provide a level of education from year 11 to year 12 must ensure the school’s educational program complies with the requirements of at least 1 of the following:
(a)the Board of Senior Secondary Studies;
(b)a diploma program authorised by the International Baccalaureate;
(c)the Education Act 1990 (NSW), section 12 (Curriculum for Higher School Certificate candidates).
(4)The proprietor must ensure that the nature and content of its educational courses are appropriate for the levels of education the school is registered to provide.
(5)The proprietor must ensure that the school makes reasonable adjustments to the way the curriculum is delivered for students with disability and students with complex needs.
(6)A registered school’s educational program may include, in addition to the courses required under subsection (2) or (3), other courses, programs, studies or subjects decided by the principal of the school.
(7)In this section:
Australian curriculum means the national curriculum as agreed by the Ministerial Council and administered by ACARA under the Australian Curriculum, Assessment and Reporting Authority Act 2008 (Cwlth).
Australian Curriculum, Assessment and Reporting Authority (or ACARA) means the body established under the Australian Curriculum, Assessment and Reporting Authority Act 2008 (Cwlth), section 5 (1).
Board of Senior Secondary Studies means the board established under the Board of Senior Secondary Studies Act 1997, section 4 (1).
2.11Educational program accessibility
(1)The proprietor of a registered school must ensure that the school makes information about the school’s educational program available to students, parents and staff.
Example—makes available
publishes on the school’s website
(2)The proprietor must ensure that the school consults students, parents and staff about significant changes to the school’s educational program.
2.12Educational performance
The proprietor of a registered school must ensure that—
(a)the educational performance of each student at the school is assessed, monitored and recorded; and
(b)each student at the school, and their parents, have access to information about the student’s performance; and
(c)at least twice each year, the parents of each student at the school are given a written report about the student’s educational performance and social development at the school.
2.13Student learning outcomes
The proprietor of a registered school must ensure that the school—
(a)sets learning outcomes for all students at the school; and
(b)has processes in place to support all students at the school to achieve their learning outcomes, including processes for making reasonable adjustments to support learning outcomes for students with disability and students with complex needs.
Part 2.3Safety and welfare
2.14Protection from harm
(1)The proprietor of a registered school must ensure that the school takes all reasonable steps to protect the following people from harm:
(a)students at the school;
(b)members of staff of the school;
(c)other people involved in the school’s operation.
(2)The proprietor must take all reasonable steps to ensure that the school has a safe and effective learning environment.
2.15National Principles for Child Safe Organisations
The proprietor of a registered school must ensure that the school complies with the National Principles for Child Safe Organisations as in force from time to time.
NoteThe National Principles for Child Safe Organisations is accessible at childsafe.humanrights.gov.au.
2.16Encouraging attendance
(1)The proprietor of a registered school must ensure that the school has procedures in place to—
(a)ensure students attend school regularly; and
(b)help parents to encourage students to attend school regularly.
(2)The proprietor must ensure that, if the procedures are unsuccessful for a student, the student and their parents are referred to support services that encourage regular school attendance.
2.17Student movement register
The proprietor of a registered school must ensure that the school has procedures in place to ensure the principal of the school complies with procedures established by the director‑general under the Act, section 10AB (Student movement register—procedures).
2.18Behaviour management policy and procedures
(1)The proprietor of a registered school must ensure that the school has—
(a)a written behaviour policy; and
(b)written procedures about behaviour.
(2)The proprietor must ensure that the school’s behaviour policy—
(a)deals with the following:
(i)for a catholic system school—suspension, expulsion and exclusion of students at the school;
(ii)for an independent school—suspension and expulsion of students at the school; and
(b)is consistent with the Act, chapter 2A (Suspension, transfer, expulsion and exclusion of students); and
(c)has regard to the best interests of—
(i)the student whose behaviour is being considered; and
(ii)other students; and
(iii)members of staff at the school; and
(d)applies natural justice and procedural fairness.
NoteA school must consult students, parents and staff about the school’s behaviour policy and ensure it is available to current and prospective students, parents and staff (see standard 2.5).
Part 2.4Other operational requirements
2.19Compliance with territory and Commonwealth laws
(1)The proprietor of a registered school must ensure that the school complies with all territory and Commonwealth laws that apply to the school.
Examples—applicable territory and Commonwealth laws
· ACT Teacher Quality Institute Act 2010
· Australian Education Act 2013 (Cwlth)
· Children and Young People Act 2008
· Disability Discrimination Act 1992 (Cwlth)
· Discrimination Act 1991
· Education Act 2004
· Human Rights Act 2004
· Ombudsman Act 1989
· Privacy Act 1988 (Cwlth)
· Senior Practitioner Act 2018
· Work Health and Safety Act 2011
· Working with Vulnerable People (Background Checking) Act 2011
(2)The proprietor must ensure that the proprietor, and the school, comply with the conditions of the school’s registration.
(3)The proprietor must tell the registrar within 5 working days, in writing, if any action is taken against the proprietor, or the school, under a territory or Commonwealth law.
(4)The proprietor, and each other person involved in the management or operation of the school, must comply with any lawful direction given under a territory or Commonwealth law.
(5)The proprietor, and each other person involved in the management or operation of the school, must make any record the school is required to keep under a territory or Commonwealth law available to the registrar on request.
2.20Suitability of key individuals for the proprietor
(1)The proprietor of a registered school must ensure that each key individual for the proprietor is a suitable person to be involved in the governance or management of the school.
(2)A person is not suitable to be involved in the governance or management of a registered school if the person—
(a)is not registered under the Working with Vulnerable People (Background Checking) Act 2011 to engage in regulated activities involving children; or
(b)has been convicted or found guilty, in the ACT, of an offence punishable by imprisonment for at least 1 year; or
NoteA conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).
(c)has been convicted or found guilty, outside the ACT, of an offence that, if committed in the ACT, would be punishable by imprisonment for at least 1 year; or
(d)is or has been bankrupt or personally insolvent; or
(e)has been the subject of an adverse finding or action taken by a court, tribunal, commission of inquiry, professional disciplinary body or regulatory authority (in the Territory or elsewhere), if the adverse finding or action relates to—
(i)dishonest, misleading or deceptive conduct; or
(ii)non‑compliance with a legal obligation relating to the provision of education; or
(iii)a breach of a duty (including a duty of disclosure).
2.21Teaching staff
The proprietor of a registered school must ensure that each person employed to teach at the school is an approved teacher under the ACT Teacher Quality Institute Act 2010.
NoteApproved teachers include registered teachers and people with a permit to teach, but not if the registration or permit is suspended (see ACT Teacher Quality Institute Act 2010, s 9).
2.22Compliance with Working with Vulnerable People (Background Checking) Act 2011
(1)The proprietor of a registered school must ensure that each person carrying out a regulated activity for the school complies with the requirements of the Working with Vulnerable People (Background Checking) Act 2011.
(2)In this section:
regulated activity—see the Working with Vulnerable People (Background Checking) Act 2011, section 8 (1).
Examples—regulated activities
· child education services
· child accommodation services
· counselling and support services for children
· commercial services for children
2.23Buildings, facilities and grounds
The proprietor of a registered school must ensure that the school’s buildings, facilities and grounds comply with all territory and Commonwealth laws that apply to the buildings, facilities or grounds, including laws about planning, sustainability, building and work health and safety.
2.24Educational facilities
The proprietor of a registered school must ensure that the school’s educational facilities are—
(a)sufficient to enable the school to effectively provide the educational program offered by the school; and
(b)suitable for the ages of the students attending the school.
2.25Residential boarding services
The proprietor of a registered school that provides residential boarding services must ensure that the residential boarding services comply with AS 5725:2015 (Boarding Standard for Australian schools and residences) as in force from time to time.
NoteAS 5725:2015 may be purchased at management plan
(1)The proprietor of a registered school must ensure that the school has an emergency management plan.
(2)The proprietor must ensure that, in developing the emergency management plan, the school has regard to AS 3745‑2010 (Planning for emergencies in facilities) as in force from time to time.
NoteAS 3745‑2010 may be purchased at type="1">
Dictionary, note 2
insert
· Commonwealth
· corporation
· Corporations Act
· the Territory
Dictionary, note 3
insert
· approved educational course (non‑government) (see s 125D (1))
· Catholic system school
· educational course
· education provider (see s 9A)
· governing body
· independent school
· key individual
· proprietor
Dictionary, new definitions
insert
adjustment—see the Disability Standards for Education 2005 (Cwlth), section 3.3.
reasonable, in relation to an adjustment—see the Disability Standards for Education 2005 (Cwlth), section 3.4.
Schedule 1Consequential amendments
(see s 3)
Part 1.1ACT Teacher Quality Institute Act 2010
[1.1]Section 27 (2), definition of home education
substitute
home education––see the Education Act 2004, dictionary.
Part 1.2Children and Young People Act 2008
[1.2]Section 731 (1) (f)
omit
government school or non‑government school
substitute
government or non‑government school
[1.3]Dictionary, new definitions of government school and government or non‑government school
insert
government school—see the Education Act 2004, dictionary.
government or non‑government school—see the Education Act 2004, dictionary.
Part 1.3Crimes Act 1900
[1.4]Dictionary, new definition of government or non‑government school
insert
government or non‑government school—see the Education Act 2004, dictionary.
Part 1.4Planning and Development Regulation 2008
[1.5]Section 108 (1) (a) (i) and (ii)
substitute
(i)if the land is to be used for a new non‑government school—the holder of an in‑principle approval for registration of a school at the location of the land; or
(ii)if the land is to be used for a new campus of a registered non‑government school—the proprietor of the non‑government school; or
[1.6]Section 108 (4)
insert
in‑principle approval, for registration of a non‑government school—see the Education Act 2004, section 86.
non‑government school—see the Education Act 2004, dictionary.
proprietor, of a non‑government school—see the Education Act 2004, dictionary.
Part 1.5Rates Act 2004
[1.7]Section 8 (1), definition of rateable land, paragraph (b) (vi)
omit
school
substitute
non‑government school
[1.8]Section 8 (2), definition of school
substitute
non‑government school—
(a)see the Education Act 2004, dictionary; and
(b)includes any playground belonging to, or used in relation to, the school.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 7 April 2022.
Notification
Notified under the Legislation Act on 17 June 2022.
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 2022, which was passed by the Legislative Assembly on 8 June 2022.
Clerk of the Legislative Assembly
© Australian Capital Territory 2022
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