Education (Amendment) Regulations 1997 (Vic)

Education (Amendment) Regulations 1997

S.R. No. 162/1997

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Definitions	1
4.	New Regulations 2.2 to 2.8 inserted	2
2.2 Application	2
2.3 State Schools	3
2.4. Special State schools	3
2.5 State schools in non-metropolitan areas	3
2.6. State schools in metropolitan areas	4
2.7. English language State schools	5
2.8. Exemptions	5
5.	Regulations revert to original	6
6.	Expiry	6

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NOTES 7

i

STATUTORY RULES 1997

S.R. No. 162/1997

Education Act 1958

Education (Amendment) Regulations 1997

The Governor in Council makes the following Regulations:
Dated: 16 December 1997

Responsible Minister:

PHILLIP GUDE

Minister for Education

SHARNE BRYAN

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to make provision for age requirements in relation to enrolment or attendance at State schools.

2. Authorising provisions

These Regulations are made under sections 25C,

82 and 83 of the Education Act 1958.

3. Definitions

In regulation 1.6 of the Education Regulations
19881 insert the following definitions—
' "English language State school" means a State

school which offers pupils a full time and intensive English language program for a minimum of 6 or a maximum of 12 months

and includes a part of a State school that
offers such a program;

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"enrolled", in relation to the Victorian Certificate of Education, means—

(a)	enrolled in and undertaking units of study which will enable the pupil to complete no fewer than 16 units of study over no more than a continuous
3 year period and being units of study which meet the minimum requirements of the Board of Studies for the award of the Victorian Certificate of Education; or
(b)	enrolled in and undertaking a unit or units of study as approved by the Minister towards the completion of the Victorian Certificate of Education;

"metropolitan area" has the same meaning as

"metropolitan municipal district" has in the
Public Holidays Act 1993 and includes

French Island;

"Special State school" means a State school that

provides educational programs solely or
mainly for pupils with disabilities or
impairments irrespective of whether the title
"special" is part of its school name and
includes a special developmental school or

specialist school.".

4. New Regulations 2.2 to 2.8 inserted

After regulation 2.1 of the Education Regulations
1988 insert—

"2.2 Application

Nothing in regulation 2.3, 2.5 or 2.6 applies program conducted on State school premises.

to a person who is an overseas student or to a
preschool program or a Technical and

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S.R. No. 162/1997 r. 4

2.3 State Schools

(1) A child under 6 years of age is not entitled

to—

(a) be enrolled at any State school; or

(b) attend a State school; or

(c)	attend or participate in any course of study offered, conducted or provided by a State school; or
(d)	continue to be so enrolled or to so attend or participate.

(2) Sub-regulation (1) does not apply if—

(a)

the child will have attained the age of the enrolment, attendance, participation or continuation of attendance or participation is sought; and

(b) or continuation of attendance or

the enrolment, attendance, participation primary education or a course approved by the Minister.

2.4. Special State schools

Any person who is aged 18 years or over on 1 January in a particular year is not entitled in that year to be enrolled at or attend a

special State school or to attend or
participate in any course of study offered,
conducted or provided by a special State
school.

2.5 State schools in non-metropolitan areas (1) A person who is aged 18 years or over on

1 January in a particular year is not entitled
in that year to be enrolled at or attend a State

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r. 4 S.R. No. 162/1997

school that is located outside the
metropolitan area or to attend or participate
in any course of study offered, conducted or
provided by such a State school unless the
person is enrolled at that school solely in the

Victorian Certificate of Education.

(2) Any person who is enrolled at or attending a

State school that is located outside the
metropolitan area or who is participating in a
course of study offered, conducted or
provided by such a State school is not
entitled to continue to be so enrolled or to so
attend or participate after 31 December in
the year in which he or she attains 21 years

of age, unless—

(a)	the person is enrolled at that school solely in the Victorian Certificate of Education; and
(b)	Education institution or alternative provider offering a course of study ordinarily provided at a TAFE institution that the Minister determines

there is no Technical and Further distance of that school.

2.6. State schools in metropolitan areas

A person who is aged 18 years or over on
1 January in a particular year is not entitled
in that year to be enrolled at or attend a State
school in the metropolitan area or to attend
or participate in any course of study offered,
conducted or provided by such a State school
unless the person is—

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S.R. No. 162/1997 r. 4

(a)	enrolled at that school solely in the Victorian Certificate of Education; and
(b)	under 21 years of age as at 1 January in that year.

2.7. English language State schools

(1) A person is not entitled to be enrolled at or

attend an English language State school or to
attend or participate in an intensive English
program offered, conducted or provided by
such a school unless the person is under 18
years of age on the date of enrolment,

attendance or participation in the program.

(2) Any person enrolled at or attending an

English language State school or attending or participating in an intensive language program offered, conducted or provided by such a school is entitled to continue to be so enrolled or to so attend or participate in the year in which he or she attains 18 years of age and in the following year solely for the purpose of completing the 6 or 12 months program he or she commenced before attaining the age of 18.

(3) This regulation applies despite anything to

the contrary in regulation 2.5 or 2.6.

2.8. Exemptions

The Minister may grant an exemption to—

(a) a person referred to in regulation 2.3 if—

(i)

the person requires extra support academic ability; and

(ii)  the Minister considers it is in the person's best interests to be

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enrolled at or attend a State school
or to attend or participate in any
course of study offered, conducted
or provided by a State school or to
so continue to attend or

participate;

(b) a person referred to in regulation 2.5 or 2.6 if the person, due to causes of a temporary nature, has been unable to complete year 10 in time to satisfy the age requirements in those regulations and will be under 21 years of age at the time of completing year 10 if the exemption is granted.".

5. Regulations revert to original

In the Education Regulation 1988—

(a) school", "enrolled", "metropolitan area" and

the definitions of "English language State 14 December 1998;

(b) regulations 2.2 to 2.8 are revoked on 14 December 1998.

6. Expiry

These Regulations cease to have any force or effect on 15 December 1998.

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Education (Amendment) Regulations 1997

S.R. No. 162/1997 Notes

NOTES

1 S.R. No. 258/1988. Reprinted to S.R. No. 116/1993 as amended by

S.R. Nos 6/1997 and 122/1997.