Education Amendment Act 2024 (ACT)

Case

Education Amendment Act 2024

A2024-39

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Education Act 2004

4            General principles of ActSection 7 (2) (c) (iii)  3

5            Guidelines—certain director-general functionsSection 9D (1), 2nd dot point  3

6            New section 10AAA  3

7           Child of compulsory education age—school attendance requirementSection 10A (2) and (3) and notes  4

8            Student movement registerNew section 10AA (1) (c)  5

9            New section 10AA (2) (c)  5

10          New section 10AA (3) (c) and (d)  5

11New section 10AC 5

12          Division 2.2.3 heading  6

13          Section 11C  6

14          Sections 11C, 11D, 11E and 11F  7

15          Division 2.2.3 (as amended)  7

16          Exemption certificate—issueSection 12A (2) (c) and (d)  7

17          Exemption certificate—formSection 12B (d)  7

18          Approval statement—issueSection 14A (2) (a)  7

19          Section 14A (2) (c) and (d)  7

20          Giving compliance noticeNew section 16B (ba)  7

21          New section 16B (2)  8

22          Operation of government schoolsSection 21 (4)  8

23          New section 21 (7) and (8)  8

24          New section 21A  9

25          Approved educational courses for students at government schoolsNew section 31 (3) (d)  9

26          Keeping records of enrolment and attendances for government schoolsSection 33 (1) (b)  9

27          Procedures to encourage school attendance at government schoolsSection 35 (2) and (3)  10

28          Definitions for pt 3.4Section 37, definition of student  10

29          In‑principle approval—applicationNew section 86 (2) (a) (vi) and (vii)  10

30          In‑principle approval—decision on applicationNew section 88 (3) (ea) and (eb)  10

31          Registration—referral to registration standards advisory boardNew section 91 (2) (c)  11

32          Registration—conditionsNew section 93 (ba)  11

33          Registration—register and registration certificateNew section 95 (2) (c) (iv)  11

34          Proprietor must tell registrar about notifiable changesNew section 96 (1) (ca)  11

35          New section 96 (1) (g)  12

36          Proprietor must apply for registrable changesNew section 97 (1) (ca)  12

37          Registration amendment—applicationNew section 98 (1) (d) (iiia)  12

38          New section 98 (1) (fa)  12

39          Registration amendment—referral to registration standards advisory boardNew section 100 (2) (c)  12

40          Registration amendment—decision on applicationNew section 101 (1) (aa)  13

41          New section 104A  13

42          Offence—operate registered school other than within scope of registrationNew section 105 (3A)  13

43          Register of registered non‑government schoolsNew section 106 (2) (d) (iv)  14

44          Approved educational courses—registered schoolsNew section 125D (3) (d)  14

45          Meaning of register of enrolments and attendances—pt 4.5Section 125E, definition of register of enrolments and attendances, paragraph (a) (ii)   14

46          Section 125E, definition of register of enrolments and attendances, paragraph (b) (ii)   14

47          Nonattendance at registered schoolsSection 125J  14

48          New chapter 4B  15

49          Regulation-making powerSection 155 (3)  17

50          New chapter 11  17

51          Reviewable decisionsSchedule 1, item 12, column 4  19

52          Dictionary, new definitions  19

53          Dictionary, definition of information notice  20

54          Dictionary, new definitions  20

55          Dictionary, definition of student  20

Part 3Education Regulation 2005

56          New section 2AAA  21

57          Student movement register—Act, s 10AANew section 2AA (2A)  22

58          New section 2AA (5)  22

59New section 2AB 23

60          Registration application—Act, s 89 (2) (e)New section 6A (f)  24

61          Notifiable changes notice—Act, s 96 (4) (d)New section 6B (ba)  24

62          New section 6B (ea)  25

63          Registration amendment application—Act, s 98 (1) (h)New section 6C (ea) and (eb)  25

64          Encouraging attendanceSchedule 2, standard 2.16 (2)  25

65Compliance with Working with Vulnerable People (Background Checking) Act 2011
Schedule 2, standard 2.22 (2)  26

66          Dictionary, note 3  26

Education Amendment Act 2024

A2024-39

An Act to amend the Education Act 2004 and the Education Regulation 2005

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Education Amendment Act 2024.

  2. Commencement

    This Act commences on 1 January 2025.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Education Act 2004 and the Education Regulation 2005.

Part 2Education Act 2004

  1. General principles of Act
    Section 7 (2) (c) (iii)

    substitute

    (iii)encourage parents to take part in the education of their children, and recognise their right to—

    (A)enrol their child in a government school in which the child is eligible to be enrolled; or

    (B)apply to enrol their child in a registered non‑government school; or

    (C)register their child for home education; and

  2. Guidelines—certain director-general functions
    Section 9D (1), 2nd dot point

    substitute

    ·    section 10AC (3) (Student movement register—parental notice);

  3. New section 10AAA

    after section 10, insert

10AAAChild of compulsory education age—when enrolment starts

(1)This section applies if an education provider accepts an application for the enrolment of a child who is of compulsory education age for the purpose of the provider’s education course.

(2)The child’s enrolment at the education provider starts on—

(a)the day the education course starts for the child; or

(b)if the education course starts for the child before the application for enrolment is made—the day agreed between the child’s parents and the education provider for the child to start the course.

  1. Child of compulsory education age—school attendance requirement
    Section 10A (2) and (3) and notes

    substitute

    (2)The child’s parents must ensure that the child—

    (a)attends in the way, and during the times, the school requires the child to attend to complete the education course for which the child is enrolled; and

    (b)attends every activity of the school (including attendance at an approved educational course) that the school requires the child to attend.

    Examples—activity of the school

    school concert, sporting day or swimming carnival

    (3)This section does not apply if the child’s parents have an excuse for not complying with this section that the principal of the school is satisfied is a reasonable excuse.

    (4)In this section:

    attendance, in relation to distance education, includes complying with the education provider’s requirements for attendance.

    Examples

    ·     logging in via an online portal at required times

    ·     attending practical examinations in person

    reasonable excuse means a circumstance prescribed by regulation.

  2. Student movement register
    New section 10AA (1) (c)

    insert

    (c)students participating in distance education in accordance with this Act.

  3. New section 10AA (2) (c)

    insert

    (c)a student starts or stops distance education.

  4. New section 10AA (3) (c) and (d)

    insert

    (c)a student starts or stops distance education;

    (d)information about a student movement event is given to the director-general under section 10AC (2) (Student movement register—parental notice).

  5. New section 10AC

    in division 2.2.1, insert

10ACStudent movement register—parental notice

(1)This section applies if—

(a)a child is of compulsory education age; and

(b)the child is enrolled at an education provider or registered for home education; and

(c)the child’s enrolment or registration ends.

(2)The child’s parents must, within 28 days after the day the child’s enrolment or registration ends, give the information prescribed by regulation to the director-general in writing.

(3)This section does not apply if the child’s parents have an excuse for not complying with this section that the director-general is satisfied is a reasonable excuse.

NoteThe director-general must comply with any guidelines about the exercise of the director-general’s functions under s (3) (see s 9D).

  1. Division 2.2.3 heading

    substitute

Division 2.2.3           Information notices

  1. Section 11C

    substitute

11CGiving information notice

(1)The director‑general may give a notice to a child’s parents (an information notice) if the director‑general believes on reasonable grounds that the parents have contravened, or are contravening, any of the following sections:

(a)section 10 (Child of compulsory education age—enrolment and registration requirement);

(b)section 10A (Child of compulsory education age—school attendance requirement);

(c)section 10D (Child of compulsory education age—participation requirement);

(d)section 14D (Approval statement—compliance requirement).

NoteFor how documents may be given, see the Legislation Act, pt 19.5.

(2)However, the director‑general may only give an information notice in relation to a contravention of section 10 if the child lives in the ACT.

  1. Sections 11C, 11D, 11E and 11F

    renumber as sections 16AA, 16AB, 16AC and 16AD

  2. Division 2.2.3 (as amended)

    relocate as part 2.4A

  3. Exemption certificate—issue
    Section 12A (2) (c) and (d)

    omit

  4. Exemption certificate—form
    Section 12B (d)

    substitute

    (d)for an exemption from the full-time participation requirement—state the details of the exemption; and

  5. Approval statement—issue
    Section 14A (2) (a)

    omit

    health

    substitute

    mental or physical health and wellbeing

  6. Section 14A (2) (c) and (d)

    omit

  7. Giving compliance notice
    New section 16B (ba)

    insert

    (ba)section 10AC (Student movement register—parental notice); or

  8. New section 16B (2)

    after the note, insert

    (2)However, the director‑general may only give a compliance notice in relation to a contravention of section 10 if the child lives in the ACT.

  9. Operation of government schools
    Section 21 (4)

    omit

    children in the government school in their neighbourhood

    substitute

    children in their local government school

  10. New section 21 (7) and (8)

    insert

    (7)The director-general may establish procedures for the operation of school-related institutions.

    (8)In this section:

    local government school, for a child, means—

    (a)the government school whose priority enrolment area includes the child’s place of residence; or

    (b)if the child has more than 1 place of residence—each government school whose priority enrolment area includes a place of residence for the child.

  11. New section 21A

    insert

21APriority enrolment areas

(1)The director-general may determine the area from which a government school must accept the enrolment of any child living in the area (a priority enrolment area).

(2)The director-general must make the determination available to the public.

Example—available to the public

publish the determination on a government website

(3)In this section:

government school does not include a preschool program delivered at the school.

  1. Approved educational courses for students at government schools
    New section 31 (3) (d)

    insert

    (d)each person carrying out a regulated activity for the provider of the course complies with the requirements of the Working with Vulnerable People (Background Checking) Act 2011.

  2. Keeping records of enrolment and attendances for government schools
    Section 33 (1) (b)

    substitute

    (b)a record of the student’s compliance with required school or course attendance (including any activity of the school or course).

  3. Procedures to encourage school attendance at government schools
    Section 35 (2) and (3)

    substitute

    (2)The procedures must—

    (a)state that school attendance is compulsory; and

    (b)state the benefits of a student’s regular school attendance; and

    (c)include steps that may be taken to support a student’s attendance.

    Example—par (c)

    referring a student to a support service

  4. Definitions for pt 3.4
    Section 37, definition of student

    omit

  5. In‑principle approval—application
    New section 86 (2) (a) (vi) and (vii)

    insert

    (vi)whether the proprietor proposes to provide distance education from the campus;

    (vii)if the proprietor proposes to provide distance education—the day distance education is to start being provided from the campus; and

  6. In‑principle approval—decision on application
    New section 88 (3) (ea) and (eb)

    insert

    (ea)whether distance education will be provided from the campus;

    (eb)if distance education will be provided from the campus—the day distance education is to start being provided from the campus;

  7. Registration—referral to registration standards advisory board
    New section 91 (2) (c)

    insert

    (c)if the application includes a proposal to provide distance education from a campus—assess whether the proposed school has a distance education policy.

  8. Registration—conditions
    New section 93 (ba)

    insert

    (ba)if the school provides distance education—the school must have a distance education policy;

  9. Registration—register and registration certificate
    New section 95 (2) (c) (iv)

    insert

    (iv)whether distance education is to be provided from the campus; and

  10. Proprietor must tell registrar about notifiable changes
    New section 96 (1) (ca)

    insert

    (ca)stop providing distance education from a registered campus;

  11. New section 96 (1) (g)

    insert

    (g)restart providing distance education from a registered campus within 2 years after stopping providing distance education from the campus.

  12. Proprietor must apply for registrable changes
    New section 97 (1) (ca)

    insert

    (ca)start providing distance education from a registered campus;

  13. Registration amendment—application
    New section 98 (1) (d) (iiia)

    insert

    (iiia)whether the proprietor proposes to provide distance education from the new campus; and

  14. New section 98 (1) (fa)

    insert

    (fa)for an amendment to provide distance education from an already registered campus—state the registered campus from where the distance education is to be provided; and

  15. Registration amendment—referral to registration standards advisory board
    New section 100 (2) (c)

    insert

    (c)if the application includes a proposal to provide distance education from a campus—assess whether the school has a distance education policy.

  16. Registration amendment—decision on application
    New section 101 (1) (aa)

    insert

    (aa)if the application includes a proposal to provide distance education from a campus—the school has a distance education policy; and

  17. New section 104A

    insert

104AProvide distance education without being registered school

(1)A person commits an offence if—

(a)the person provides distance education to a child in the ACT; and

(b)does not provide the distance education from the campus of a school registered to provide distance education.

Maximum penalty:  50 penalty units.

(2)An offence against this section is a strict liability offence.

  1. Offence—operate registered school other than within scope of registration
    New section 105 (3A)

    insert

    (3A)The proprietor of a registered school must not provide distance education from a campus unless the school is registered to provide distance education from the campus.

    Maximum penalty:  10 penalty units.

  2. Register of registered non‑government schools
    New section 106 (2) (d) (iv)

    insert

    (iv)whether distance education is provided from the campus;

  3. Approved educational courses—registered schools
    New section 125D (3) (d)

    insert

    (d)each person carrying out a regulated activity for the provider of the course complies with the requirements of the Working with Vulnerable People (Background Checking) Act 2011.

  4. Meaning of register of enrolments and attendances—pt 4.5
    Section 125E, definition of register of enrolments and attendances, paragraph (a) (ii)

    substitute

    (ii)the student’s compliance with required school attendance (including any activity of the school); and

  5. Section 125E, definition of register of enrolments and attendances, paragraph (b) (ii)

    substitute

    (ii)a record of the attendance of each student at the course on each day the student is required to attend.

  6. Nonattendance at registered schools
    Section 125J

    omit

  7. New chapter 4B

    insert

Chapter 4BDistance education

127BAMeaning of distance education

In this Act:

distance education means an education course for a child that requires—

(a)remote participation by the child for most of the education course; and

(b)participation by the child at a level that is full-time under the requirements for the course.

127BBProvision of distance education

(1)A school may only provide distance education if—

(a)for a registered school—the school is registered to provide distance education under part 4.3 (Non-government schools—registration); or

(b)in any other case—the director-general has determined under section 127BD that the school is eligible to provide distance education.

NoteUnder s 127BD, the director-general may determine that a stated school may provide distance education.

(2)The registrar may determine a fee for the enrolment of students in registered schools who do not live in the ACT.

(3)Before making a determination under subsection (2), the registrar must consult the registration standards advisory board.

(4)A determination is a disallowable instrument.

127BCDistance education policy

A school that provides distance education must have written policies and procedures about the following (a distance education policy):

(a)the responsibilities of parents in relation to supervision of their children undertaking distance education;

(b)the attendance requirements of students undertaking distance education;

(c)the curriculum requirements for an education course provided by distance education;

(d)delivery of the education course, including how practical components are to be completed;

(e)support that will be provided for personal and social development of students who undertake distance education, including students with diverse needs;

(f)anything else prescribed by regulation.

127BDDistance education determination

(1)The director-general may determine whether—

(a)a government school may provide distance education; or

(b)a school in another State may provide distance education for students enrolled in a government school.

NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

(2)A determination is a notifiable instrument.

127BEEligibility for distance education

A child living in the ACT may participate in distance education only if the child—

(a)is enrolled at a government school or registered non-government school that provides distance education under this Act; and

(b)meets any criteria—

(i)required by the school; or

(ii)prescribed by regulation.

  1. Regulation-making power
    Section 155 (3)

    omit

    incorporate an

    substitute

    incorporate a law or

  2. New chapter 11

    insert

Chapter 11Transitional—Education Amendment Act 2024

  1. Definitions—ch 11

    In this chapter:

    disapplication period means the period beginning on 1 January 2025 and ending on 1 January 2027.

    distance education provisions means the following provisions:

    (a)section 104A (Provide distance education without being registered school);

    (b)sections 127BB to 127BD.

    external school means a school outside the ACT.

  2. Distance education provided by school outside ACT

    (1)This section applies if—

    (a)before 1 April 2024—

    (i)a child living in the ACT is enrolled in an external school; and

    (ii)the child participates in distance education provided by the external school; and

    (b)the child has not ceased participating in the distance education provided by the external school over the period beginning on 1 April 2024 and ending on 1 January 2025, other than for a period that is not a school day or a period for which the child’s parents have an excuse that the director-general is satisfied is a reasonable excuse; and

    (c)during the disapplication period—

    (i)the child continues to participate in the distance education provided by the external school; and

    (ii)the external school is not—

    (A)registered to provide distance education under this Act; or

    (B)the subject of a determination under section 127BD.

    (2)The distance education provisions do not apply in relation to the external school during the disapplication period, for as long as the child participates in the distance education provided by the school.

    (3)Section 127BE (Eligibility for distance education) does not apply in relation to the child  for as long as the child participates in the distance education provided by the external school during the disapplication period.

  1. Transitional regulations

    (1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Education Amendment Act 2024.

    (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 under this chapter.

    (3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

    NoteA transitional provision under s (1) continues to have effect after its repeal, however, a modification under s (2) has no ongoing effect after its repeal (see Legislation Act, s 88).

  2. Expiry—ch 11

    This chapter expires on 1 January 2027.

  3. Reviewable decisions
    Schedule 1, item 12, column 4

    before

    parent

    insert

    student or

  4. Dictionary, new definitions

    insert

    distance education—see section 127BA.

    distance education policy—see section 127BC.

  5. Dictionary, definition of information notice

    substitute

    information notice—see section 11C (1).

  6. Dictionary, new definitions

    insert

    priority enrolment area, for a government school—see section 21A (1).

    regulated activity—see the Working with Vulnerable People (Background Checking) Act 2011, section 8.

    Examples—regulated activities

    ·     child education services

    ·     child accommodation services

    ·     counselling and support services for children

    ·     commercial services for children

  7. Dictionary, definition of student

    substitute

    student means a person enrolled at an education provider for the purpose of the provider’s education course.

Part 3Education Regulation 2005

  1. New section 2AAA

    before section 2AA, insert

2AAAReasonable excuses—Act, s 10A (4), def reasonable excuse

The following circumstances are prescribed:

(a)illness or medical issues, including physical or psychological;

(b)recovery from a circumstance mentioned in paragraph (a);

(c)attending a medical appointment (including an appointment with a health practitioner in relation to the student’s mental health) where an out of hours appointment is not possible or appropriate;

(d)accessing support or assistance in relation to domestic or family violence;

(e)bereavement or attending the funeral of a relative or friend of the student;

(f)religious or cultural observation;

(g)family holidays that do not adversely affect the student’s ability to meet the requirements of their educational course;

(h)attending a legal proceeding or meeting associated with a proceeding;

(i)participation in any of the following events (whether or not directly arranged by the school), if approved by the principal:

(i)debates;

(ii)sporting events;

(iii)musical or theatrical productions;

(iv)academic events;

(j)any other circumstance that the principal is satisfied is reasonable to excuse a child’s attendance at the child’s school or an activity of the school.

  1. Student movement register—Act, s 10AA
    New section 2AA (2A)

    insert

    (2A)The following information is prescribed for the Act, section 10AA (2) (c):

    (a)the name of the school;

    (b)the name of the student;

    (c)if the student has started distance education—

    (i)the day the student started; and

    (ii)the campus providing the distance education;

    (d)if the student has stopped distance education—

    (i)the day the student stopped; and

    (ii)the campus that the student will be attending in person;

    (e)the names and contact details of the student’s parents.

  2. New section 2AA (5)

    insert

    (5)The following information is prescribed for the Act, section 10AA (3) (c):

    (a)the name of the school;

    (b)the name of the student;

    (c)if the student has started distance education—

    (i)the day the student started; and

    (ii)the campus providing the distance education;

    (d)if the student has stopped distance education—

    (i)the day the student stopped; and

    (ii)the campus that the student will be attending in person;

    (e)the names and contact details of the student’s parents.

  3. New section 2AB

    in part 1A, insert

2ABStudent movement information—Act, s 10AC (2)

The following information is prescribed:

(a)the name of the child;

(b)the names and contact details of the child’s parents;

(c)the following information about the child’s enrolment or registration ending:

(i)the date the child’s enrolment or registration ended;

(ii)if the child was previously enrolled at an education provider—the name of the education provider;

(iii)if the child was previously registered for home education—

(A)the State where the child was registered for home education; and

(B)the reason the registration ended;

(d)the following information about the child’s subsequent enrolment or registration for home education:

(i)for a child subsequently registered for home education—

(A)the date the child was registered for home education; and

(B)the State where the child is registered for home education;

(ii)for a child subsequently enrolled at an education provider—

(A)the name of the education provider; and

(B)the State where the child is registered for home education.

NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

  1. Registration application—Act, s 89 (2) (e)
    New section 6A (f)

    insert

    (f)if the applicant proposes that the school will provide distance education—evidence of the school’s distance education policy.

  2. Notifiable changes notice—Act, s 96 (4) (d)
    New section 6B (ba)

    insert

    (ba)for a change to stop providing distance education at a registered campus—the campus where distance education is to be stopped;

  3. New section 6B (ea)

    insert

    (ea)for a change to restart providing distance education at a registered campus—the campus where distance education is to be provided;

  4. Registration amendment application—Act, s 98 (1) (h)
    New section 6C (ea) and (eb)

    insert

    (ea)for an amendment to start providing distance education at a registered campus—information about the school’s distance education policy;

    (eb)for an amendment to provide new residential boarding services—information about how the school will comply with registration standard 2.25 (Residential boarding services);

  5. Encouraging attendance
    Schedule 2, standard 2.16 (2)

    substitute

    (2)The procedures must—

    (a)state that school attendance is compulsory; and

    (b)state the benefits of a student’s regular school attendance; and

    (c)include steps that may be taken to support a student’s attendance.

    Example—par (c)

    referring a student to a support service

  6. Compliance with Working with Vulnerable People (Background Checking) Act 2011
    Schedule 2, standard 2.22 (2)

    omit

  7. Dictionary, note 3

    insert

    ·     distance education (see s 127BA)

    ·     distance education policy (see s 127BC)

    ·     regulated activity

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 9 April 2024.

  2. Notification

    Notified under the Legislation Act on 12 September 2024.

  3. 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 2024, which was passed by the Legislative Assembly on 28 August 2024.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2024

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