Education (General Provisions) Act 2006 (Qld)

Education (General Provisions) Act 2006

An Act about the education of children and the participation of young people in education and training, and for other purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Education (General Provisions) Act 2006.

2   Commencement

(1)Section 512(2) and schedule 2 commence on 1 January 2007.

(2)Section 512(3) and schedule 3 commence on 1 January 2008.

(3)Subject to subsections (1) and (2), this Act commences on a day to be fixed by proclamation.

Part 2    Application

3   Act binds all persons

(1)This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.

4   Interaction with other legislation

(1)This Act includes—

(a)provisions requiring young people to continue their schooling until they are 16 years or have completed year 10, whichever happens first; and

(b)provisions requiring young people to continue in education and training for a further period for the purpose of achieving a certificate of achievement, senior statement, certificate III or certificate IV.

(2)The Further Education and Training Act 2014 includes provisions about some of the eligible options available to young people during this further period of learning.

(3)The E(QCAA) Act includes provisions about keeping student accounts for young people to record their participation in education and training.

Part 3    Objects

5   Objects of Act

(1)The objects of this Act are—

(a)to make available to each Queensland child or young person a high-quality education that will—

(i)help maximise his or her educational potential; and

(ii)enable him or her to become an effective and informed member of the community; and

(b)to provide universal access to high quality State education; and

(c)for chapter 10—

(i)to implement initiatives to ensure young people participate in a period of education or training after they turn 16 years or complete year 10; and

(ii)to outline a range of education and training options for them during this period.

(2)The objects are to be achieved mainly by—

(a)placing responsibilities on parents and the State in relation to the education of children and young people; and

(b)providing for the establishment of State educational institutions, and facilitating their operation as safe and supportive learning environments; and

(c)ensuring education programs are responsive to the individual needs of children and young people; and

(d)encouraging a parent’s involvement in his or her child’s education; and

(e)encouraging parental and community involvement in the operation of State educational institutions by enabling—

(i)the establishment of school councils for State schools; and

(ii)the formation of parents and citizens associations for State instructional institutions.

6   Activities to achieve objects of ch 10

To achieve the objects mentioned in section 5(1)(c), the chief executive may—

(a)carry on the following activities (planning activities)—

(i)monitoring the operation and effectiveness of chapter 10;

(ii)carrying out planning relating to the matters dealt with under chapter 10;

(iii)developing strategies to better achieve the objects of chapter 10; and

(b)carry on the following activities (re-engagement activities)—

(i)identifying young persons in the compulsory participation phase who are not participating full-time in an eligible option;

(ii)giving them information about the options available to them;

(iii)encouraging them to participate in a way that achieves the best learning outcomes for them;

(iv)encouraging and helping their parents to play a role in the matters stated in subparagraphs (i) to (iii).

Note—

To help the chief executive carry on planning and re-engagement activities, the E(QCAA) Act, section 66 provides for information to be made available to the chief executive from student accounts kept by the QCAA for young persons in the compulsory participation phase.

Part 4    Guiding principles for achieving Act’s objects

7   Guiding principles

The principles intended to guide the achievement of this Act’s objects are the following—

(a)parents have the responsibility of choosing a suitable education environment for their children;

(b)education should be provided to a child or young person in a way that—

(i)provides positive learning experiences; and

(ii)promotes a safe and supportive learning environment; and

(iii)recognises his or her educational needs;

(c)children and young people should be actively involved in decisions affecting them to the extent that is appropriate having regard to their age and ability to understand;

(d)the State, parents, teachers, school communities and non-government entities should work collaboratively to foster a commitment to achieving the best educational outcomes for children and young people;

(e)for chapter 10—

(i)the State should develop practical ways to improve the social, educational and employment outcomes of young people, including, in particular, those who are at risk of disengaging from education and training; and

(ii)the State should foster a community commitment to young people by involving members of the community and community organisations in—

(A)developing education and training opportunities for young people; and

(B)re-engaging young people in education and training; and

(C)developing ways to improve the social outcomes of young people; and

(iii)the State should work with parents to achieve the best outcomes for young people; and

(iv)the State should work in consultation with non-government entities to achieve the objects of chapter 10.

Part 5    Interpretation

8   Definitions

The dictionary in schedule 4 defines particular words used in this Act.

9   Meaning of compulsory school age

(1)A child is of compulsory school age if the child is at least 6 years and 6 months, and less than 16 years.

(2)However, a child is no longer of compulsory school age if the child has completed year 10.

10   Meaning of parent

(1)A parent, of a child, is any of the following persons—

(a)the child’s mother;

(b)the child’s father;

(c)a person who exercises parental responsibility for the child.

(2)However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.

(3)A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.

(4)A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.

(5)Despite subsections (1), (3) and (4), if—

(a)a person is granted guardianship of a child under the Child Protection Act 1999; or

(b)a person otherwise exercises parental responsibility for a child under a decision or order of a federal court or a court of a State;

      then a reference in this Act to a parent of a child is a reference only to a person mentioned in paragraph (a) or (b).

11   Meaning of basic allocation, remaining allocation etc.

(1)Basic allocation is the allocation of 26 semesters of State education.

(2)Some students do not have the basic allocation but another number of semesters of State education is allocated to the student by a State school’s principal.

(3)The remaining allocation for a student who had a basic allocation, began schooling in the preparatory year at a State school and continued to be enrolled at any State school is the basic allocation less the number of semesters of State education provided to the student.

(4)The remaining allocation for any of the following students is the number of semesters allocated to the student under section 61 less the number of semesters of State education provided to the student—

(a)a student who is not allocated a basic allocation under section 60;

(b)a student whose enrolment in a State school stopped—

(i)if the student is a child—at the request of the student’s parent; or

(ii)if the student is an adult—at the request of the student;

(c)a student whose enrolment in a State school stopped because of non-attendance by the student in accordance with a guideline published by the department;

(d)a student who received—

(i)schooling at a non-State school; or

(ii)home education under chapter 9, part 5;

(e)a student who received schooling outside Queensland;

(f)a student who is the subject of an exemption from compliance with section 176(1)(a) granted under chapter 9, part 3.

(5)Neither basic allocation nor remaining allocation includes an extra semester granted under chapter 4, part 3 or further semester granted under chapter 4, part 5.

Chapter 2    State educational institutions

Part 1    State education

12   Provision of State education

(1)For each student attending a State instructional institution, there must be provided an educational program approved by the Minister that—

(a)has regard to—

(i)the age, ability, aptitude and development of the student; and

(ii)whether enrolment in the educational program is compulsory or non-compulsory; and

(b)is an integral element within the total range of educational services offered with the prior approval of the Minister; and

(c)takes account, and promotes continuity, of the student’s learning experiences; and

(d)recognises, and takes account of, the nature of knowledge.

(2)The duration of the educational program must be based on the basic allocation for a student.

Part 2    Establishment and naming of State educational institutions

13   Power to establish State schools

The Minister may establish schools at which the State provides primary, secondary or special education.

14   Power to establish institutions that provide educational instruction to persons enrolled at State schools

The Minister may establish institutions at which the State provides educational instruction to persons enrolled at State schools as an adjunct to the educational programs provided to the persons at the State schools, including, for example—

(a)environmental education centres; and

(b)outdoor education centres.

15   Power to establish other educational institutions

If the Minister considers it necessary or convenient for the purposes of this Act, the Minister may establish educational institutions other than State instructional institutions, including, for example—

(a)centres for the support and development of teachers and officers of the department; and

(b)student hostels or student residential colleges.

16   Naming, and changing of name, of a State educational institution

The Minister may name, and change the name of, a State educational institution.

Part 3    Amalgamation or closure of State schools

17   Definition for pt 3

In this part—

closure, of a State school, does not include the following—

(a)the temporary closure of the school;

(b)the permanent closure of the school if the Minister is reasonably satisfied exceptional circumstances exist that justify the closure.

18   Notice of proposed closure or amalgamation

If the Minister proposes closing a State school or amalgamating 2 or more State schools, the Minister must publish a notice about the proposal in the gazette.

19   Consultation

(1)Before closing a State school, there must be adequate consultation by the Minister with each of the following—

(a)the school community;

(b)if there is a school council for the school—the school council;

(c)if there is an association formed for the school—the association.

(2)Before amalgamating 2 or more State schools, there must be adequate consultation by the Minister with each of the following—

(a)the school communities;

(b)if there is a school council established for any of the schools—the school council;

(c)if there is an association formed for any of the schools—the association.

20   Time to elapse before closure or amalgamation

If notice about a proposed closure of a State school or amalgamation of 2 or more State schools is published under section 18, the closure or amalgamation must not happen earlier than 6 months after the publication.

Part 4    Bases for education provided, and testing, at State instructional institutions

21   Curriculum framework for State instructional institutions

(1)The Minister may decide on a curriculum framework that is to apply to a State instructional institution.

(2)In this section—

curriculum framework means the framework under which the institution’s principal may decide the range of learning experiences to be offered to students attending the institution.

22   [Repealed]

23   [Repealed]

24   Direction by Minister about tests

(1)The Minister may direct the principal of a State instructional institution, providing education to students in the year of schooling to which an approved test or common national test relates, to administer the test at the institution.

(2)In this section—

approved test means a test, relating to a year of schooling, developed or revised by the QCAA under the E(QCAA) Act.

common national test means a common national test stated in the regulations made under the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth), section 19(4).

Part 5    [Repealed]

Division 1 [Repealed]

25   [Repealed]

26   [Repealed]

Division 2 [Repealed]

27   [Repealed]

Division 3 [Repealed]

28   [Repealed]

29   [Repealed]

30   [Repealed]

31   [Repealed]

Division 4 [Repealed]

32   [Repealed]

33   [Repealed]

34   [Repealed]

35   [Repealed]

36   [Repealed]

37   [Repealed]

Division 5 [Repealed]

38   [Repealed]

Division 6 [Repealed]

39   [Repealed]

40   [Repealed]

41   [Repealed]

42   [Repealed]

Division 7 [Repealed]

43   [Repealed]

44   [Repealed]

Part 6    Miscellaneous provisions

45   Inspection of State educational institution’s premises

The Minister may arrange for a State educational institution’s premises to be inspected at a time and in the way the Minister believes appropriate.

46   Investigation of complaint

(1)This section applies if—

(a)a person makes a complaint about the administration, management or operation of a State educational institution; and

(b)in the chief executive’s opinion, the complaint is not frivolous or vexatious.

(2)The chief executive must—

(a)investigate the complaint; or

(b)cause the complaint to be investigated by an appropriately qualified officer of the department.

Note—

Under section 432, the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.

47   Use of State educational institution’s premises

(1)The Minister may permit a person to use a State educational institution’s premises located on reserve land for any purpose, including a purpose not connected with education.

(2)Permission may be given under subsection (1) on reasonable conditions the Minister considers appropriate.

(3)In this section—

reserve land means land dedicated as a reserve under the Land Act 1994, section 31 for educational purposes.

Chapter 2A    [Repealed]

Part 1    [Repealed]

47A   [Repealed]

Part 2    [Repealed]

47B   [Repealed]

47C   [Repealed]

47D   [Repealed]

47E   [Repealed]

Part 3    [Repealed]

47F   [Repealed]

47G   [Repealed]

47H   [Repealed]

47I   [Repealed]

47J   [Repealed]

Part 4    [Repealed]

47K   [Repealed]

Chapter 3    Cost of providing State education

48   Definitions for ch 3

In this chapter—

chief executive (transport) means the chief executive of the department in which the Transport Operations (Passenger Transport) Act 1994 is administered.

corresponding law means a law of another State corresponding, or substantially corresponding, to this Act.

nearest applicable school, for a person, means the nearest State school, or equivalent of a State school under a corresponding law, with the required year level for the person.

permanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1).

49   Meaning of remote area

A person lives in a remote area if—

(a)the person’s principal place of residence—

(i)is at least 16km from the nearest applicable school; and

(ii)is at least 4.5km from a school transport service approved by the chief executive (transport) or a public transport service to the nearest applicable school; or

(b)the person’s principal place of residence—

(i)is at least 16km from the nearest applicable school; and

(ii)is less than 4.5km from a school transport service approved by the chief executive (transport) or a public transport service to the nearest applicable school; and

(iii)is—

(A)at least 56km from the nearest applicable school using the route travelled by the transport service; or

(B)at least 3 hours travelling time a day from the nearest applicable school using the transport service.

50   State education to be free

(1)Subsection (2) applies to—

(a)a person enrolled at a State school; or

(b)a person who is a kindergarten age child registered in—

(i)a kindergarten learning program at a prescribed State school; or

(ii)a distance education kindergarten learning program at a State school;

who is—

(c)an Australian citizen or permanent resident; or

(d)a child of an Australian citizen or permanent resident.

(2)The cost of providing instruction, administration and facilities for the education of the person at the school must be met by the State.

(3)This section applies subject to sections 51, 52 and 55.

(4)In this section—

person enrolled at a State school does not include a person who is also enrolled at a non-State school unless the person’s enrolment at the State school preceded the person’s enrolment at the non-State school.

51   Power to charge particular persons or for particular educational services

(1)Subsection (3) applies to a person who is receiving, or intends to receive, education at a State school, or a kindergarten age child registered in a kindergarten learning program at a prescribed State school, who is not—

(a)an Australian citizen or permanent resident; or

(b)a child of an Australian citizen or permanent resident.

(2)Subsection (3) also applies to a person enrolled at both a State school and non-State school if the person’s enrolment at the non-State school preceded the person’s enrolment at the State school.

(3)The chief executive may charge a fee for—

(a)the education of the person at the State school; or

(b)registration of the kindergarten age child in the kindergarten learning program at the State school.

(4)Also, the chief executive may charge a person mentioned in section 50(1)—

(a)a fee for providing an educational service to the person not met by the State under section 50(2); or

(b)a fee for the provision of an educational service by an entity to the person if the State school at which the person is enrolled has been charged by the entity for the provision of the educational service.

(5)In addition, the chief executive may charge a person not enrolled at a State school a fee for the education of the person at the school.

(6)The chief executive’s power to charge a person a fee under this section includes a power to—

(a)exempt any person or matter from payment of the fee; or

(b)waive payment of the fee for any person or matter; or

(c)refund a fee paid under this section.

(7)If a fee for a person mentioned in subsection (1) is not paid—

(a)the person is not entitled to be enrolled at a State school; and

(b)the chief executive may cancel the enrolment of the person.

(8)If a fee for a kindergarten age child mentioned in subsection (1) is not paid—

(a)the kindergarten age child is not entitled to be registered in a kindergarten learning program at a State school; and

(b)the chief executive may cancel the registration of the child.

52   Fee for distance education provided by a State school

(1)This section applies to—

(a)a person enrolled in a program of distance education at a State school; or

(b)a person, other than a State school student, who is enrolled to undertake a component of a program of distance education at a State school but is not enrolled in the program at the school.

(2)The fee prescribed under a regulation must be paid for the provision of distance education to the person.

(3)If the fee payable under subsection (2) for the person is not paid—

(a)the person is not entitled to be enrolled in, or undertake, the program of distance education mentioned in subsection (1); and

(b)the chief executive may cancel the person’s enrolment.

(4)In this section—

State school student means a person enrolled at a State school.

53   When fee for distance education is not payable

(1)Despite section 52(2), the fee is not payable if the person is a person mentioned in section 52(1)(a) and—

(a)the person lives in a remote area; or

(b)the person—

(i)can not attend a State school, other than a school of distance education, for more than 80 consecutive school days because of the person’s state of health; and

(ii)gives the chief executive a medical certificate stating that fact; or

(c)the person has an itinerant lifestyle; or

(d)the person is suspended from a State school under chapter 12, part 3, division 2 on a charge-related ground; or

(e)the person—

(i)is excluded from a State school under section 291, or from certain State schools under section 298; and

(ii)would live in a remote area if the school, or schools, from which the person is excluded were taken not to be a nearest applicable school for the definition remote area; or

(f)the person is excluded from all State schools under section 298 or 309; or

(g)the person can not attend a State school, other than a school of distance education, because the person is caring for the person’s child or a child for whom the person has or exercises parental responsibility; or

(h)the person—

(i)can not attend a State school, other than a school of distance education, because the person is caring for someone, other than a child mentioned in paragraph (g), on a regular basis; and

(ii)gives the chief executive a medical certificate stating that fact; or

(i)the person—

(i)can not be a mature age student of a mature age State school because the person has been refused enrolment at the school; or

(ii)can not reasonably be expected to be a mature age student of a mature age State school because the nearest mature age State school to the person’s principal place of residence is at least 16km from the residence.

(j)the person is in the custody of the chief executive (corrective services) at a corrective services facility under the Corrective Services Act 2006.

(2)For subsection (1)(c), a person has an itinerant lifestyle if—

(a)because of the nature of the occupation in which the person or a parent of the person is engaged—

(i)the person’s principal place of residence changes at least twice in the relevant school year or at least 5 times in the period consisting of the relevant school year and the school year immediately before or after the relevant school year; or

(ii)the person spends at least 60 school days of the relevant school year (consisting of periods of 5 consecutive school days or more) away from the person’s principal place of residence; or

(iii)the person’s principal place of residence is a caravan and the location of the caravan changes at least twice in the relevant school year or at least 5 times in the period consisting of the relevant school year and the school year immediately before or after the relevant school year; or

(iv)the place where the person lives changes at least twice in the relevant school year and the person does not have a principal place of residence; and

Examples of an occupation for paragraph (a)—

carnival worker, contract harvester or shearer

(b)the person spends at least 120 school days of the relevant school year in the State.

(3)In this section—

caravan means a caravan under the Residential Tenancies and Rooming Accommodation Act 2008.

medical certificate means a certificate signed by a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student, or a medical practitioner.

relevant school year means the school year in relation to which the person is enrolled in a program of distance education at a State school.

54   Waiver of fee for distance education

(1)The chief executive may waive, entirely or partly, payment of the fee mentioned in section 52(2) for a person if—

(a)the chief executive is satisfied—

(i)the person is or has been enrolled in, or undertaking a component of, a program of distance education and would suffer a significant educational disadvantage if the person were not able to continue in the program; and

(ii)payment of the fee would cause financial hardship to the person liable to pay it; or

Example for paragraph (a)—

A parent of a child enrolled in a program of distance education for 1 year may be unable to pay the fee for the following year because of temporary financial hardship.

(b)for a person enrolled in a program, or enrolled to undertake a component of a program, of distance education—the chief executive is satisfied the waiver is appropriate and reasonable because exceptional circumstances exist in relation to the person.

(2)In making a decision under subsection (1)(b) about waiving payment of the fee for a person, the chief executive may have regard to any relevant matter of which the chief executive is aware, including, for example—

(a)whether the person would suffer a significant educational disadvantage if the person were not able to enrol in a program, or enrol to undertake a component of a program, of distance education; or

(b)whether a program, or a component of a program, of distance education is the most appropriate educational program for the person.

55   Charging for specialised educational program

(1)This section applies to a State school that is approved by the chief executive to offer a specialised educational program prescribed under a regulation.

(2)The fee, for the program, prescribed under a regulation must be paid for the undertaking of the program.

(3)For subsection (2)—

(a)if a child is undertaking the program—a parent of the child must pay the fee; or

(b)if an adult is undertaking the program—that person must pay the fee.

(4)However, the chief executive may waive, entirely or partly, payment of the fee if the chief executive is satisfied—

(a)payment of the fee would cause financial hardship to the person liable to pay it; and

(b)the person wishing to undertake the program would suffer a significant educational disadvantage if the person can not undertake the program.

(5)The chief executive must ensure a list of State schools approved under subsection (1) is available for public inspection, without charge—

(a)during normal business hours at the department’s head office; and

(b)on the department’s website.

(6)In this section—

specialised educational program means an educational program not usually offered by a State school.

56   Voluntary financial contribution

(1)Despite section 50, a State school’s principal may ask the parents of a student of the school to make a voluntary financial contribution towards the cost of providing instruction, administration and facilities for the education of the student at the school.

(2)The student must still be provided the education even if the parents do not make the financial contribution.

(3)If the student is an adult, subsections (1) and (2) apply as if the reference in the subsections to the student’s parents were a reference to the student.

Chapter 4    Allocation of State education

Part 1    Preliminary

57   Definition for ch 4

In this chapter—

student includes a person who is not enrolled at a State school.

58   Application of chapter to student under 16 years

A student who is under 16 years at the time of starting a semester in a school year at a State school, but who does not have any remaining allocation, may attend the State school for all of the semester without making an application under part 3 or 5.

59   [Repealed]

Part 2    Basic allocation, initial allocation and remaining allocation

60   Basic allocation

If a student begins schooling in the preparatory year at a State school, the student has the basic allocation determined from the start of the calendar year in which the student begins schooling.

61   Initial remaining allocation

(1)This section applies to a student mentioned in section 11(4).

(2)If an application is made under section 155 to enrol the student at a State school, the State school’s principal must decide the student’s initial remaining allocation.

(3)If the student has been the subject of an exemption under chapter 9, part 3 and did not undertake an educational program for all or part of the period of the exemption (the excused period), the excused period must not be included in calculating the student’s initial remaining allocation.

62   Principal must consider initial remaining allocation for certain students

(1)This section applies to a decision, under section 61, by a State school’s principal.

(2)The principal’s decision about a student’s initial remaining allocation must be made in the way the principal considers appropriate after considering all relevant matters, including, for example—

(a)the age, ability, aptitude and development of the student; and

(b)the need to take account and promote continuity of the student’s initial learning experiences; and

(c)whether the enrolment is compulsory or non-compulsory; and

(d)if the student’s initial enrolment is non-compulsory—the student’s initial commitment to complete a course of study.

(3)The principal must make the decision within a reasonable time after the application was made to enrol the student at the school.

(4)After making the decision, the principal must—

(a)immediately advise the student of the decision; and

(b)within 7 days after advising the student of the decision, give the student an information notice about the decision.

63   Notice to certain students about remaining allocation

(1)This section applies to a student—

(a)who is enrolled in semester 2 in a year at a State school; and

(b)whose remaining allocation will be not more than 4 semesters at the end of the year.

(2)By the end of the year, the principal of the State school must give notice to the student about the student’s remaining allocation after the end of semester 2 of the year.

(3)The notice may be included with another report or document given to the student.

64   Information to be given to repeating student

(1)This section applies to a student who has been approved by a State school’s principal to repeat, at the school, a year of schooling for which the student has already been enrolled at the school.

(2)The principal must, as soon as practicable after the approval, give the student written information about the allocation of State education under this chapter.

Part 3    Extra semesters may be granted by principals

65   Application for extra semesters if no remaining allocation

(1)This section applies to a student who does not have any remaining allocation.

(2)The student may apply, in the approved form, to a State school’s principal for the granting, in a school year, of not more than 2 extra semesters of State education at the State school.

(3)The application must be given to the principal—

(a)more than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or

(b)if the principal allows a later time for giving the application—before the later time.

66   Principal must consider and decide application for extra semesters

(1)The principal must consider the application and decide it in the way the principal considers appropriate after considering all relevant matters, including, for example—

(a)whether the student is of compulsory school age; and

(b)the likely educational outcome of the student attending the school for the extra semester or semesters; and

(c)the likely impact on the resources of the State school of the student attending the State school for the extra semester or semesters.

(2)However, the principal must make the decision within a reasonable time after the making of the application, allowing for the need to collect and analyse the results of any assessment of the student undertaken during the semester immediately before the semester, or the earlier of the semesters, to which the application relates.

(3)After making the decision, the principal must—

(a)immediately advise the student of the decision; and

(b)within 7 days after advising the student of the decision, give the student an information notice about the decision.

67   Limitation on extra semesters granted by principals

No more than 2 extra semesters may be granted to a student under this part.

Part 4    [Repealed]

68   [Repealed]

69   [Repealed]

Part 5    Further semesters may be granted by chief executive

70   Definition for pt 5

In this part—

stated State school see section 71(2).

71   Application for further semesters if no remaining allocation and after extra semesters

(1)This section applies to a student who does not have any remaining allocation and who has been granted 2 extra semesters under part 3.

(2)The student may apply, in the approved form, to the chief executive for the granting of not more than 2 further semesters of State education at a State school stated in the application (the stated State school).

(3)The application must be made to the chief executive—

(a)more than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or

(b)if the chief executive allows a later time for making the application—before the later time.

72   Chief executive must consider and decide application for further semesters

(1)The chief executive must consider the application and decide the application in the way the chief executive considers appropriate after considering all relevant matters, including, for example—

(a)whether the student is of compulsory school age; and

(b)the likely educational outcome of the student attending the stated State school for the further semester or semesters; and

(c)the likely impact on the resources of the stated State school of the student attending the stated State school for the further semester or semesters.

(2)However, the chief executive must make the decision within a reasonable time after the making of the application, allowing for the need to collect and analyse the results of any assessment of the student undertaken during the semester immediately before the semester, or the earlier of the semesters, to which the application relates.

(3)After the chief executive decides the application, the chief executive must—

(a)immediately advise the student of the decision; and

(b)within 7 days after advising the student of the decision—

(i)if the student has not previously been granted 2 further semesters under this part—give the student an information notice about the decision; or

(ii)if the student has previously been granted 2 further semesters under this part—give the student a notice complying with the QCAT Act, section 157(2).

Note—

See chapter 15, part 4 for review of the decision by QCAT.

73   Chief executive to give notice to principal if further semesters granted

(1)If the chief executive decides to grant the application, the chief executive must give notice of the decision to the stated State school’s principal.

(2)The notice must state—

(a)the student’s name; and

(b)the student’s educational level; and

(c)the period of the extension; and

(d)any other information the chief executive is reasonably satisfied the principal should be aware of in relation to the decision.

74   Limitation on further semesters granted by chief executive

No more than 4 further semesters may be granted to a student under this part.

Part 6    Copy of notice to be given to parent

75   Copy of notice under this chapter to be given to parent

(1)If a person is required, under this chapter, to give a notice to a student and the student is a child, the person must as soon as practicable give a copy of the notice to a parent of the child.

(2)For giving the copy to a parent, the person may rely on the relevant State school’s records about the child’s parents and their current residential address.

(3)Subsection (1) does not apply if the person is satisfied it would be inappropriate in the circumstances to give the copy to the parent.

Example—

It may be inappropriate to give the parent a copy of the notice if the student is living independently of his or her parents.

(4)In this section—

parent, of a child, includes a person standing in the place of a parent of the child on a temporary basis.

Chapter 5    Religious instruction

76   Religious instruction in school hours

(1)Any minister of a religious denomination or society, or an accredited representative of a religious denomination or society, which representative has been approved by the Minister for the purpose, shall be entitled during school hours to give to the students in attendance at a State school who are members of the denomination or society of which the person is a minister or the accredited representative religious instruction in accordance with regulations prescribed in that behalf during a period not exceeding 1 hour in each week on such day as the principal of that school appoints.

(2)Instruction in accordance with a regulation may be given in State primary and special schools during school hours in selected Bible lessons.

(3)A separate reading book shall be provided for such purpose.

(4)Instruction of a kind mentioned in subsection (2) is not to include any teaching in the distinctive tenets or doctrines of any religious denomination, society or sect.

(5)Notwithstanding anything in this section, any parent of a student in attendance at a State school may withdraw such student from all religious instruction in such school by notification in writing to the principal that the parent desires the student to be so withdrawn.

(6)The provisions pursuant to this section shall not apply or extend to students enrolled in the preparatory year at a State school.

Chapter 6    School councils

Part 1    Preliminary

77   Definitions for ch 6

In this chapter—

alternative association member see section 88(1).

appointed member, of a school council, means a member of the council appointed, under the council’s constitution, by the council.

chairperson, of a school council, means a person elected as chairperson of the council under section 89.

coopted student member, of a school council established for a State school that does not offer secondary education, means a year 6 student of the school who is coopted as a member of the council under the council’s constitution.

elected member, of a school council, means a person who is an elected member of the council under section 86.

elected parent member, of a school council, means a parent of a child attending the school for which the council is established who is elected—

(a)if there is an association formed for the school and the association’s constitution provides for the election of parent members to the school’s council—under the association’s constitution; or

(b)otherwise—by a secret ballot under the council’s constitution.

elected staff member, of a school council, means a member of the staff of the school for which the council is established who is elected by a secret ballot, held under the council’s constitution, of all the persons who are—

(a)employed by the department and assigned to the school; or

(b)otherwise employed full-time or part-time at the school.

elected student member, of a school council established for a State school offering secondary education for year 10, 11 or 12, means a student in year 10, 11 or 12 at the school who is elected by a poll, held under the council’s constitution, in which only those students at the school in year 10, 11 or 12 may vote.

official member, of a school council, means a person who is an official member of the council under section 85.

Part 2    Object of chapter

78   Object

(1)The object of this chapter is to improve student learning outcomes by providing for the establishment and operation of school councils.

(2)A school council has particular functions for guiding the broad strategic direction of the State school for which it is established.

Part 3    Establishment, name, functions and other matters

79   Establishment

(1)Subject to section 109(6) and (7), the chief executive may, by notice in the gazette, establish a school council for a State school.

(2)A school council established under subsection (1) may have functions only about the school for which the council is established.

80   Name

The school council established for a State school is named as follows—

(a)if the name of the school ends with ‘school’—the council is called ‘. . . (insert name of school) Council’;

(b)otherwise—the council is called ‘. . . (insert name of school) School Council’.

81   Functions

(1)A school council for a State school has the following functions—

(a)monitoring the school’s strategic direction;

(b)approving—

(i)plans and policies of the school of a strategic nature; or

(ii)other documents affecting strategic matters, including the annual estimate of revenue and expenditure for the school;

(c)monitoring the implementation of the plans, policies and other documents mentioned in paragraph (b);

(d)advising the school’s principal about strategic matters.

(2)The council must perform its functions in a way that achieves the best learning outcomes for the school’s students.

(3)Despite subsections (1) and (2), a school council may not—

(a)interfere with the management by the school’s principal of the day-to-day operations of the school and its curriculum; or

(b)make operational decisions about the use of teaching or learning resources at the school; or

(c)make decisions about the individual teaching style used, or to be used, at the school; or

(d)make a decision that is contrary to law or a written policy of the department.

82   School councils do not have certain powers

A school council may not—

(a)have control of funds; or

(b)enter into contracts; or

(c)acquire, hold, dispose of or deal with property; or

(d)sue or be sued.

Part 4    Membership

83   Membership of a school council

(1)A school council consists of official members, elected members and appointed members.

(2)Also, if the State school for which the council is established does not offer secondary education, a school council may also include a coopted student member.

84   Number

(1)The number of members of a school council must be at least 6 and not more than 15.

(2)A school council must include at least—

(a)1 elected parent member; and

(b)1 elected staff member.

(3)The number of elected parent members and elected staff members of a school council must be equal.

(4)A school council must include not more than 2 elected student members and 2 appointed members.

(5)If the State school for which a school council is established provides secondary education for year 10, 11 or 12, the council must include at least 1 elected student member.

85   Official members

(1)The official members of a school council for a State school are—

(a)the school’s principal; and

(b)if there is an association formed for the school—the association’s president.

(2)An official member of a school council is not eligible to be an elected member, or appointed member, of the council.

86   Elected members

(1)The elected members of a school council are—

(a)the elected parent members; and

(b)the elected staff members; and

(c)if the school for which the council is established offers secondary education for year 10, 11 or 12—the elected student members.

(2)A poll for the election of an elected student member of a school council may take place at the same time as, or be combined with, other elections at the State school for which the council is established involving students, including, for example, the election of the school’s captain and vice-captain.

(3)Subsection (4) applies if, at the time of closure of nominations for the elected members of a school council, the number of nominations is less than the number of elected members required to be elected.

(4)The person who, under the council’s constitution, is responsible for conducting the election for the elected members must declare the persons who are properly nominated under the constitution to have been elected.

87   Coopted student member

A coopted student member of a school council—

(a)does not have the power to vote on a matter before the council despite section 101(1), (2) and (3); and

(b)may not be elected as the council’s chairperson under section 89 or be chosen to preside at a council meeting under section 100(2).

88   Alternative association member

(1)The president of an association formed for a State school may, under the association’s constitution, appoint another association member (the alternative association member) to attend meetings of a school council for the school in the place of the president when the president can not attend the meetings.

(2)When attending a meeting of the council under subsection (1), the alternative association member has the same rights and duties as the president.

(3)An elected member, or appointed member, of the council is ineligible for appointment by the president as the alternative association member.

89   Chairperson

(1)A school council for a State school must elect one of the council’s members as chairperson of the council.

(2)The school’s principal may not be elected as chairperson of the council.

(3)A school council’s chairperson holds office for the term decided by the council (the chairperson’s term), unless the person’s term of office as a member of the council ends sooner than the chairperson’s term.

(4)Subsection (5) applies if—

(a)an association has been formed for the school for which a school council is established; and

(b)the president of the association is the chairperson of the council; and

(c)an alternative association member is attending a meeting of the council in place of the president.

(5)Despite section 88(2), the alternative association member may not preside at the meeting, unless the alternative association member is chosen to preside under section 100(2).

90   Term of office for elected member or appointed member

(1)Each elected member, or appointed member, of a school council holds office for the term, not longer than 2 years, stated in the council’s constitution.

(2)However, subject to section 84, the council’s constitution may provide for up to the following number of the council’s first elected members to hold office for a term of not longer than 3 years—

(a)if the number of the first elected members is an even number—one-half of the number of the first elected members;

(b)if the number of the first elected members is an odd number—the whole number next higher than one-half of the number of the first elected members.

91   Casual vacancy in office of elected member or appointed member

(1)If a vacancy occurs in the office of an elected member, or appointed member, of a school council (the vacating member) during the currency of the member’s term of office, another person (the new member) must be elected or appointed under this part to fill the vacancy.

(2)The new member holds office for the remainder of the vacating member’s term of office or until the new member sooner vacates the office.

(3)If a vacancy occurs in the office of an elected member, the new member must be of the same type of elected member, under section 86, as the vacating member.

92   Vacation of office

(1)The office of an elected member, or appointed member, of a school council for a State school becomes vacant if the member—

(a)dies; or

(b)resigns the member’s office by signed notice of resignation—

(i)for the council’s chairperson—given to the school principal’s supervisor; or

(ii)for another council member—given to the council’s chairperson; or

(c)is absent from 3 consecutive meetings of the council, of which the member has been given notice under the council’s constitution, without the council’s leave and without reasonable excuse; or

(d)stops being eligible, under this Act or the council’s constitution, for election or appointment to the office.

(2)A notice of resignation mentioned in subsection (1)(b) takes effect when the notice is given under that paragraph or, if a later time is stated in the notice, the later time.

(3)If the office of an elected member, or appointed member, of a school council is vacant and, because of the vacancy, the membership does not comply with section 84, the council is taken to be validly constituted until the earlier of the following happens—

(a)the day the vacancy is filled;

(b)the expiry of 3 months after the day the vacancy arose.

(4)In this section—

meeting, of the council, means—

(a)if the relevant member does not attend—a meeting of the council with a quorum for the council present; or

(b)if the relevant member attends—a meeting of the council with or without a quorum for the council present.

93   Disqualification from membership

(1)A person can not become, or continue as, an elected parent member, elected staff member, or appointed member, of a school council if the person has been convicted of an indictable offence, unless the Minister gives an approval under this section.

(2)If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted, the Minister may—

(a)if the person was a member when convicted—give notice to the council’s chairperson and the person that the person is restored as a member, and may be later re-elected or reappointed, despite the conviction; or

(b)otherwise—give written approval for the person to be elected or appointed as a council member despite the conviction.

(3)On the day the council’s chairperson receives a notice under subsection (2)(a)—

(a)the person is restored as a council member; and

(b)if another person has been elected or appointed to fill the vacancy—the other person’s appointment ends.

(4)If a person is restored as a council member under subsection (3), the person’s term of office as a council member ends when it would have ended if the person had not been convicted of the offence.

Part 5    Constitution

94   Constitution for school council

(1)A school council must have a constitution.

(2)The council’s constitution must provide for the following—

(a)membership of the council, including—

(i)eligibility for election as, or to vote for, an elected member of the council; and

(ii)eligibility for appointment as an appointed member of the council; and

(iii)procedures for election or appointment; and

(iv)when the term of office of an elected member, or appointed member, of the council starts and ends; and

(v)if there is an association formed for the school for which the council is established—the way in which the association’s president must give notice to the council’s chairperson about the appointment of an alternative association member;

(b)election of, and other matters relating to, the council’s chairperson;

(c)conduct of council business;

(d)the way the council performs its functions.

(3)The constitution may also provide for other matters the council considers appropriate for inclusion in it.

(4)However, the provisions of a council’s constitution about membership of the council—

(a)must comply with part 4; and

(b)if there is an association formed for the school for which the council is established—are subject to the provisions of the association’s constitution about the election of an elected parent member of the council.

95   Amendment of school council’s constitution

(1)A school council for a State school may prepare and adopt an amendment of its constitution.

(2)In preparing a proposed amendment, the council must have regard to the model constitution.

(3)An amendment has no effect unless—

(a)the amended constitution is consistent with the model constitution; or

(b)the amendment is approved by the chief executive.

(4)The chief executive must not approve an amendment unless the chief executive is satisfied—

(a)notice of the proposed amendment was given, at least 30 days before the council meeting that considered the amendment, to the following—

(i)the council members;

(ii)if there is an association formed for the school—the association;

(iii)the school’s staff (including, for example, by displaying the proposed amendment in a staff room);

(iv)the school’s students (including, for example, by publishing the proposed amendment in the school’s newsletter); and

(b)the amendment was adopted by at least the number of members constituting a quorum for the council; and

(c)the amended constitution is consistent with this Act and otherwise lawful.

(5)In deciding whether to approve an amendment, the chief executive must also have regard to the following matters about the amended constitution—

(a)whether it provides for a membership that—

(i)allows adequate representation by parents, staff, students and other members of the school community; and

(ii)takes into account the demographics of the school community;

(b)whether it provides for the council to perform its functions in an effective and fair way;

(c)whether its provisions are otherwise adequate, clear and appropriate.

96   Model constitution for school councils

The chief executive may prepare a model constitution for school councils (the model constitution).

Part 6    Council business

97   Conduct of business

(1)Subject to its constitution and this part, a school council may conduct its business, including its meetings, in the way it considers appropriate.

(2)However, a school council may only make decisions about how it will carry out its functions if it does so at a council meeting at which a quorum for the council is present.

98   Time and place of meetings

(1)School council meetings must be held at the times and places the council decides.

(2)However, a school council’s chairperson—

(a)may call a meeting at any time; and

(b)must call a meeting if asked, in writing, to do so by the Minister, the chief executive or at least the number of its members required to form a quorum for the council.

(3)A school council must meet at least twice in each semester.

99   Quorum

A quorum for a school council is the number equal to two-thirds of the number of its members or, if two-thirds is not a whole number, the next highest whole number.

100   Presiding at meetings

(1)The school council’s chairperson must preside at all council meetings at which the chairperson is present.

(2)If the chairperson is absent from a council meeting, another council member chosen by the council members present must preside.

101   Conduct of meetings

(1)A question at a school council meeting, other than a question about an amendment of the council’s constitution, must be decided by a majority of the votes of the council members present.

(2)Each member present at a council meeting has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.

(3)A member present at a council meeting who abstains from voting is taken to have voted for the negative.

(4)A school council may hold meetings, or allow its members to take part in its meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.

(5)A school council member who takes part in a council meeting under subsection (4) is taken to be present at the meeting.

102   Attendance by proxy

(1)A member of a school council for a State school may not attend a meeting of the council by proxy.

(2)However, the school’s principal may attend up to 2 meetings in each year by proxy.

(3)In this section—

proxy does not include an alternative association member for the president of an association formed for the school.

103   Disclosure of interest

(1)This section applies to a member of a school council (the interested member) if—

(a)the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the council; and

(b)the interest could conflict with the proper performance of the interested member’s duties when considering the issue.

(2)As soon as practicable after the relevant facts come to the interested member’s knowledge, the interested member must disclose the nature of the interest to a meeting of the council.

(3)Unless the council otherwise directs, the interested member must not—

(a)be present when the council considers the issue; or

(b)take part in a decision of the council about the issue.

(4)The interested member must not be present when the council is considering whether to give a direction under subsection (3).

(5)If there is another member who must, under subsection (2), also disclose an interest in the issue, the other member must not—

(a)be present when the council is considering whether to give a direction under subsection (3); or

(b)take part in making the decision about giving the direction.

(6)If—

(a)because of this section, a member is not present at a council meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and

(b)there would be a quorum for the council if the member were present;

the remaining members present are a quorum for the council for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.

(7)A disclosure under subsection (2) must be recorded in the council’s minutes.

Part 7    Application of other laws

104   Criminal Law (Rehabilitation of Offenders) Act 1986

(1)For the application of the Criminal Law (Rehabilitation of Offenders) Act 1986, section 9A, to the office of an elected member, or appointed member, of a school council, a person is taken to apply for the office if the person—

(a)consents to be appointed as an appointed member (whether or not the council has decided to appoint the person); or

(b)stands for election as an elected member.

(2)This section does not apply to an elected student member of the council.

105   Public Records Act 2023

A school council is a public authority under the Public Records Act 2023.

106   [Repealed]

107   Public Sector Ethics Act 1994

(1)This section is about the application of the Public Sector Ethics Act 1994 (the Act) to a school council.

(2)For the application of the Act—

(a)a school council is a public sector entity; and

(b)a member of the council is a public official of the entity; and

(c)the chief executive is the chief executive officer of the entity.

(3)For section 15 of the Act, the chief executive must ensure a code of conduct is prepared that, after approval under section 17 of the Act, applies to a school council.

(4)For section 23 of the Act, a reference to the entity’s annual report is a reference to the department’s annual report.

Part 8    Starting up

108   Purpose and application

(1)This part is about the establishment and initial operation of a school council.

(2)If there is an inconsistency between this part and another provision of this chapter, this part prevails to the extent of the inconsistency.

109   Initial constitution

(1)A State school’s principal must prepare a draft constitution for a proposed school council for the school.

(2)Section 95(1) to (3) and (5) apply to the preparation as if a reference to a school council amending its constitution were a reference to the school’s principal preparing the proposed council’s draft constitution.

(3)In preparing the draft constitution, the principal—

(a)must consult with—

(i)the parents of children attending the school; and

(ii)the school’s staff and students; and

(b)may consult with other appropriate entities.

(4)If there is an association formed for the school, the president of the association must, under the association’s constitution, call a special meeting of the association (the association meeting) for approving the draft constitution.

(5)The principal must call the following meetings for approving the draft constitution—

(a)if there is no association formed for the school—a meeting of the parents of children attending the school (the parent meeting);

(b)a meeting of the school’s staff (the staff meeting).

(6)The chief executive may not establish a school council for the school unless the association meeting or parent meeting, and the staff meeting, are called and the draft constitution is approved as follows—

(a)if there is an association formed for the school—by secret ballot by a majority of the association’s members attending the association meeting;

(b)if there is no association formed for the school—by secret ballot by a majority of the parents attending the parent meeting;

(c)by secret ballot by a majority of the staff attending the staff meeting.

(7)However, the chief executive may establish a school council for the school, even though the draft constitution is not approved under subsection (6), if the chief executive—

(a)is satisfied of each of the following—

(i)if there is an association formed for the school and the association did not approve the draft constitution under subsection (6)—there were at least 3 association meetings held to discuss the draft constitution during a 3-month period;

(ii)if there is no association formed for the school and the parents of children attending the school did not approve the draft constitution under subsection (6)—there were at least 3 parent meetings held to discuss the draft constitution during a 3-month period;

(iii)if the school’s staff did not approve the draft constitution under subsection (6)—there were at least 3 staff meetings held to discuss the draft constitution during a 3-month period; and

(b)has had regard to the concerns of the association, parents or staff raised at the meetings at which the draft constitution was not approved.

(8)The approved constitution applies to the council on its establishment.

110   Initial membership

(1)On its establishment, a school council consists only of its official members.

(2)However, a school council consisting only of its official members may only perform the functions necessary for the election of the council’s elected members.

111   First elected members and appointed members

(1)As soon as practicable after a school council is established, its official members must, under the council’s constitution, organise the election of the council’s elected members.

(2)After the election, the council, as constituted by its official members and elected members, may appoint the council’s appointed members.

Part 9    Dissolution

112   Dissolution of a school council

(1)A school council is dissolved—

(a)if the school for which it was established is closed; or

(b)in other circumstances prescribed under a regulation.

(2)On dissolution, the members of the council immediately before the dissolution go out of office.

113   Records

(1)As soon as practicable after the dissolution of a school council for a State school, the school’s principal must ensure the council’s records are given to the chief executive.

(2)In this section—

records, of the council, includes all documents held by the council that it has created or acquired in the course of performing its functions.

Part 10    Miscellaneous

114   School council not to establish committee or subcommittee

A school council must not establish a committee or subcommittee.

115   Expense of attending meetings

The chief executive may—

(a)decide the allowance payable to compensate a member of a school council in attending a meeting of the council, the amount of which is dependent on the class of membership of the council; or

(b)reimburse a member of a school council the whole or part of the reasonable expenses incurred by the member in attending a meeting of the council.

116   Minister’s power to give directions in the public interest

(1)The Minister may give a school council a written direction about a matter relevant to the performance of its functions under section 81 if the Minister is satisfied it is necessary to give the direction in the public interest.

(2)Without limiting subsection (1), a direction may require the council to comply with—

(a)a policy, standard or other instrument of a public sector unit; or

(b)another document, including, for example, another policy, standard or instrument.

(3)The council must comply with the direction.

(4)A direction to a school council must be addressed to its chairperson and may be sent by post, facsimile or similar facility to the school.

(5)The Minister must give a copy of each direction, given under this section, to the chief executive.

(6)The department’s annual report for a year must include copies of all directions given under this section during the year.

117   Protection from liability

(1)A member of a school council does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to a member of a school council, the liability attaches instead to the State.

(3)This section does not apply to a member of a school council if the member is a prescribed person under the Public Sector Act 2022, section 267.

Note—

For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022, section 267, see the Public Sector Act 2022, section 269.

Chapter 7    Parents and citizens associations

Part 1    Formation, objectives etc. of an association

118   Formation of parents and citizens association

(1)A parents and citizens association may be formed for a State instructional institution in the way prescribed under a regulation.

(2)The following persons are eligible to be members of a parents and citizens association formed for a State school—

(a)a parent of a child attending the school;

(b)a staff member of the school;

(c)an adult, other than a person mentioned in paragraph (a) or (b), who is interested in the school’s welfare.

(3)The following persons are eligible to be members of a parents and citizens association formed for an educational institution established under section 14—

(a)a staff member of the institution;

(b)an adult, other than a person mentioned in paragraph (a), who is interested in the institution’s welfare.

(4)A State instructional institution’s principal is a member of a parents and citizens association formed for the institution.

119   Formation of interim parents and citizens association

(1)An interim parents and citizens association may be formed for a proposed State instructional institution, in the way prescribed under a regulation, within 2 years before the institution’s proposed first day of operation.

(2)An adult interested in the welfare of a proposed State instructional institution is eligible to be a member of an interim parents and citizens association formed for the proposed State instructional institution.

(3)An interim parents and citizens association formed for a proposed State instructional institution is taken to be a parents and citizens association formed for the institution from the start of operation of the institution.

120   Objectives of an association

The objectives of an association are to promote the interests of, and facilitate the development and further improvement of, the State instructional institution, or proposed State instructional institution, for which it is formed.

121   Functions of an association

(1)An association has the following functions—

(a)fostering community interest in educational matters;

(b)trying to bring about closer cooperation between—

(i)for an association formed for a State school—the parents of children attending the school and other members of the community, staff members of the school and students of the school; or

(ii)for an association formed for an educational institution established under section 14—members of the community and staff members of the institution;

(c)if asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about issues relating to persons who receive educational instruction at the institution;

(d)if asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about the general operations and management of the institution;

(e)giving, or assisting in the giving of, financial or other resources or services for the benefit of persons who receive educational instruction at the State instructional institution for which it is formed;

(f)performing any other functions, not inconsistent with this Act, as the Minister decides.

(2)In the performance of its functions, an association must comply with this Act and any written directions the Minister may give the association about—

(a)complying with departmental policies that apply to associations; or

(b)a matter relevant to the performance of its functions.

122   Dissolution of an association

An association is dissolved—

(a)if the State instructional institution for which it was formed is closed; or

(b)if the number of members of the association is 2 or less; or

(c)in other circumstances prescribed under a regulation.

Part 2    Officers of an association

123   Officers

(1)An association must at each annual general meeting of the association elect from its members, as prescribed under a regulation, the following officers—

(a)a president;

(b)at least 1 vice-president;

(c)a secretary;

(d)a treasurer;

(e)any additional officers, as decided by the association.

(2)The officers hold office in an honorary capacity.

(3)The office of treasurer of the association must not be held by the person who is the president or secretary of the association.

(4)The principal of the State instructional institution for which the association is formed may not be an office holder of the association.

124   Vacation of office

(1)The office of an officer of an association becomes vacant if the officer—

(a)dies; or

(b)resigns his or her office by signed notice given to—

(i)for the president—a vice-president, or the secretary or treasurer, of the association; or

(ii)for another officer—the president of the association; or

(c)is absent from 3 consecutive meetings of the association, of which the member has been given notice under the association’s constitution, without the association’s leave and without reasonable excuse.

(2)A notice of resignation mentioned in subsection (1)(b) takes effect when the notice is given under that paragraph or, if a later time is stated in the notice, the later time.

(3)In this section—

meeting, of the association, means—

(a)if the relevant officer does not attend—a meeting of the association with a quorum for the association present; or

(b)if the relevant officer attends—a meeting of the association with or without a quorum for the association present.

Part 3    Executive committee of an association

125   Executive committee

(1)There is an executive committee of an association.

(2)The executive committee consists of the following persons—

(a)the president of the association;

(b)the vice-president, or vice-presidents, of the association;

(c)the secretary of the association;

(d)the treasurer of the association.

126   Restriction on who may be a member of executive committee

(1)Subsection (2) applies only at the time of election of the office holders of an association under section 123.

(2)The number of relevant staff members of the State instructional institution for which the association is formed who may be members of the executive committee of the association must not be more than one-third of the number of members of the executive committee.

(3)Subsection (2) does not apply to the association if—

(a)the chief executive reasonably believes that compliance with the requirement mentioned in that subsection will prevent all the positions of the executive committee being filled; and

(b)the chief executive notifies the association that it is not required to comply with that subsection.

(4)In this section—

relevant staff member means—

(a)for a State school—a staff member of the school who is not a parent of a child attending the school; or

(b)for an educational institution established under section 14—a staff member of the institution.

127   Urgent matters

(1)For urgent matters only relating to the performance of the functions of an association, the executive committee of the association may take any necessary action.

(2)Despite the quorum for the association and section 129(1), the action may be taken by a majority vote of the executive committee.

(3)However, the executive committee may not remove a person as a member or officer of the association.

(4)If the executive committee acts under subsection (1), details of the action must be tabled at the next scheduled general meeting of the association or at a special meeting called for that purpose.

(5)Failure by the executive committee to comply with subsection (4) does not affect the validity of the action.

(6)To remove any doubt, it is declared that giving assistance to a State instructional institution or another association under section 142A is not an urgent matter.

Part 4    Business of an association

128   Presiding at meetings

(1)The president of an association must preside at all association meetings at which the president is present.

(2)If the president is absent from an association meeting, but a vice-president of the association is present, a vice-president nominated and confirmed by majority vote at the meeting must preside.

(3)If neither the president or a vice-president is present at an association meeting or the offices are vacant, an association member chosen by the members present must preside.

129   Voting

(1)A question at an association meeting is decided by a majority of the votes of the members present.

(2)Each member present at an association meeting has a vote on each question to be decided, and if the votes on a question are equal, the person presiding at the meeting also has a casting vote.

129A    Attendance at meetings

(1)This section applies in relation to an association meeting if a provision of this Act requires or permits a person to physically attend the meeting.

(2)A person who is required or permitted to attend the association meeting may do so by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.

Examples of use of technology—

teleconferencing, videoconferencing

(3)A person who attends an association meeting under subsection (2) is taken to be present at the meeting.

Part 5    Subcommittees of an association

130   Subcommittees

(1)An association may establish, and appoint the members of, subcommittees, as prescribed under a regulation.

(2)Subcommittee meetings of an association must be called and conducted—

(a)in the way prescribed under a regulation; and

(b)subject to a regulation made under paragraph (a), in the way the association considers appropriate.

Part 6    Constitution of an association

131   Constitution

(1)An association must have a constitution.

(2)An association must adopt, or amend, its constitution in the way prescribed under a regulation.

(3)An association’s constitution, or amendment of the constitution, has no effect unless it is approved by the chief executive.

Part 7    Financial provisions

132   Use of money received by association

Subject to section 137(4), any money received by an association must be applied by the association, at the direction of the Minister, to the following purposes—

(a)firstly, in paying expenses lawfully incurred by the association;

(b)secondly, in achieving the objectives, and performing the functions, of an association;

(c)thirdly, in giving assistance under section 142A.

133   Association is statutory body under the Statutory Bodies Financial Arrangements Act 1982

(1)An association is a statutory body under the Statutory Bodies Financial Arrangements Act 1982.

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which an association’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.

134   Financial year

An association must have a financial year starting on 1 January in a year and ending on 31 December in the year.

135   Audit of accounts

(1)The accounts of an association for each financial year must be audited as prescribed under a regulation.

(2)An association must, by 31 May of the following year, give the chief executive a copy of its audited accounts for a financial year.

Part 8    Relevant agreements

136   Definition for pt 8

In this part—

relevant agreement, for an association, means an agreement benefiting persons who receive educational instruction at the State instructional institution for which the association is formed.

137   Power to enter into relevant agreements

(1)Despite this Act or another Act, the Minister and an association, acting jointly or severally, may enter into a relevant agreement with any person.

(2)If an association alone proposes to enter into a relevant agreement, before entering into the agreement, it must obtain the written approval of the Minister authorising it to enter into the agreement.

(3)An approval under subsection (2) may be given—

(a)generally for a type of agreement; or

(b)for a particular agreement.

(4)An association must deal with any money it receives under a relevant agreement—

(a)as the Minister directs; or

(b)otherwise—as the association believes appropriate, consistent with the objectives of an association.

(5)A relevant agreement entered into by an association must contain any conditions required by the Minister by notice—

(a)given to the association; or

(b)published in the gazette.

(6)The conditions may relate to a stated relevant agreement or relevant agreements of a stated type.

138   President to sign relevant agreement for an association

If an association makes a resolution to enter into a relevant agreement, the association’s president may sign the agreement for the association.

Part 9    General provisions

139   Regulation may provide for membership

(1)A regulation may make provision about the way in which a person becomes a member of an association.

(2)Subsection (1) is subject to section 118.

(3)However, a person’s membership of an association is renewable each year at the annual general meeting of the association.

(4)A person who is refused membership of an association may make a submission to the Minister about the refusal, and apply, as provided under the QCAT Act, to QCAT for a review of the decision to refuse membership, as if the person had been a member of the association and been removed from the association.

140   Register of members

An association must establish and maintain a register of members of the association in the way prescribed under a regulation.

141   Protection from liability

(1)A member of an association does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to a member of an association, the liability attaches instead to the State.

(3)This section does not apply to a member of an association if the member is a prescribed person under the Public Sector Act 2022, section 267.

Note—

For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022, section 267, see the Public Sector Act 2022, section 269.

142   Association may employ

An association may employ the persons it considers necessary to achieve the objectives of an association.

142A    Giving assistance to other State instructional institutions or associations

(1)Nothing in this Act prevents an association formed for a State instructional institution from giving assistance to—

(a)another State instructional institution, if the institution’s ability to provide primary, secondary or special education or other educational instruction has been adversely affected by an event; or

Examples of an event—

an accident, a deliberate act, a natural disaster

(b)an association formed for a State instructional institution mentioned in paragraph (a).

(2)In this section—

assistance includes financial assistance, other resources and services.

143   Mandatory insurance cover

An association must purchase and maintain the insurance cover required by the chief executive by notice published from time-to-time in the gazette.

144   Proceedings

(1)A proceeding may be started, and conducted, in the name of an association by—

(a)the association’s president; or

(b)another member of the association appointed in writing for this subsection by the president.

(2)However, the Minister’s approval must be obtained before starting the proceeding.

(3)A proceeding may be started, and conducted, against an association in its name.

(4)A document starting proceedings against an association under subsection (3), and any other document relevant to the proceedings, must be served on a member of the association’s executive committee.

Division 5 Directions and prohibition orders

536   Reviews of particular existing directions

(1)This section applies if—

(a)a person was given a direction under section 337, 340 or 349 of the pre-amended Act; and

(b)immediately before the commencement, the person—

(i)had applied for a review of the direction and the application had not been decided; or

(ii)was entitled to apply for a review of the direction but had not applied.

(2)The pre-amended Act continues to apply in relation to—

(a)the direction; and

(b)any application for a review of the direction; and

Note—

See also sections 338 and 397 of the pre-amended Act.

(c)the confirming, cancelling, amending, setting aside, substituting or returning of the direction (a review decision); and

(d)the giving of, or the failure to give, notice of the review decision.

Note—

See also section 356(3) and (4) of the pre-amended Act.

537   Existing applications for orders prohibiting persons from entering particular premises

(1)This section applies if—

(a)an application had been made under section 341(1) or 350(1) of the pre-amended Act; and

(b)immediately before the commencement, the application had not been decided.

(2)The pre-amended Act continues to apply in relation to—

(a)the application; and

(b)the giving of a notice in relation to the application; and

Note—

See also section 356(2) of the pre-amended Act.

(c)any order made by QCAT in relation to the application.

Note—

See also section 357(1) of the pre-amended Act.

538   Annual report of department to include report on particular orders made during 2014–15 financial year

(1)In the department’s annual report for the 2014–15 financial year, the chief executive must include details of the number of orders made during that financial year under section 341 of the pre-amended Act.

(2)This section does not limit section 358.

539   Non-State school’s governing body to give particular information to Minister for 2014–15 financial year

(1)A non-State school’s governing body must, within 2 months after the end of the 2014–15 financial year, advise the Minister of the number of orders, relating to the school, made during that financial year under section 350 of the pre-amended Act, including the number made in relation to children.

(2)This section does not limit section 359.

Division 6 Other matters

540   Chief executive may cancel enrolment for particular students

(1)This section applies to a fee charged under section 52(2) of the pre-amended Act before the commencement.

(2)While the fee remains unpaid, the chief executive may cancel the enrolment of the person to whom the fee relates.

(3)The chief executive must, at least 14 days before the enrolment is cancelled, give the person notice that the chief executive intends to cancel the person’s enrolment.

541   Distance education fees for 2014 and 2015 school years not payable by particular persons

(1)This section applies for a person who—

(a)immediately before the commencement—

(i)was a person mentioned in section 52(1)(a); and

(ii)lived in a State other than Queensland; and

(b)during the 2014 school year, enrols, or has enrolled, in a program of distance education at a State school for the 2015 school year.

(2)Section 52(2) and (3) does not apply to the person for the 2014 and 2015 school years.

Part 9    Transitional provision for Education and Other Legislation Amendment Act 2016

542   Particular enrolments for year 1 of schooling

(1)This section applies to—

(a)an application under section 155 to enrol a child in year 1 of schooling at a State school made before the commencement; or

(b)an application to enrol a child in year 1 of schooling at a non-State school made before the commencement.

(2)The school’s principal must deal with the application under the Act as in force immediately before the commencement.

Part 10    Transitional provision for Education (Overseas Students) Act 2018

543   Cancellation of registration of child for home education

(1)This section applies if—

(a)the chief executive gave a parent of a child a show cause notice under the pre-amended Act, section 222 about the proposed cancellation of the registration of the child for home education; and

(b)immediately before the commencement, the chief executive had not—

(i)notified the parent, under the pre-amended Act, section 224(b) that no further action would be taken; or

(ii)given to the parent, under the pre-amended Act, section 225, an information notice about a decision to cancel the registration.

(2)The pre-amended Act continues to apply in relation to the proposed cancellation as if the Education (Overseas Students) Act 2018 had not been enacted.

(3)In this section—

pre-amended Act means this Act as in force immediately before the commencement.

Part 11    Transitional and validation provisions for Education (General Provisions) Amendment Act 2025

Division 1 Preliminary

544   Definitions for part

In this part—

amendment Act means the Education (General Provisions) Amendment Act 2025.

former, in relation to a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.

new, in relation to a provision of this Act, means the provision as in force from the commencement of the provision in which the term is used.

Division 2 Provisions commencing on assent

545   Application of new s 180 to pre-commencement information and decisions—compulsory schooling

New section 180 applies in relation to information whether the information came into existence, or relates to a decision made under section 189, before or after the commencement.

546   Child’s eligibility to be provisionally registered or registered for home education

From the commencement—

(a)new section 206 applies in relation to a child’s eligibility to be provisionally registered or registered for home education, whether the registration takes effect before or after the commencement; and

(b)new section 229A applies in relation to the ending of the child’s registration.

547   Application of new s 251AB to pre-commencement information and decisions—compulsory participation in education or training

New section 251AB applies in relation to information whether the information came into existence, or relates to a decision made under section 248, before or after the commencement.

Schedule 4 Dictionary

section 8

accepted representations—

(a)for chapter 8, part 1, division 2—see section 160(2); or

(b)for chapter 9, part 3, division 4—see section 195(2); or

(c)for chapter 9, part 5, division 5—see section 223(2); or

(d)for chapter 12, part 3, division 5—see section 307(2).

advisory committee means an advisory committee established under section 412.

aggregated information ...

aggrieved person, for chapter 15, part 4, see section 401.

allowance, for chapter 13, see section 367.

allowance acquittal details, for a non-State school for a year, means details of how an allowance has been expended, during the year, by the school’s governing body.

alternative association member, for chapter 6, see section 77.

annual report, for the department, means the department’s annual report under the Financial Accountability Act 2009.

appellant see section 397.

appointed member, for chapter 6, see section 77.

appropriately qualified ...

approved behaviour plan ...

approved entity ...

approved form means a form approved by the chief executive under section 433.

approved policy, for chapter 13, see section 367.

approved syllabus ...

AQF means the Australian Qualifications Framework within the meaning of the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

association means—

(a)a parents and citizens association formed for a State instructional institution under section 118; or

(b)an interim parents and citizens association formed for a proposed State instructional institution under section 119.

at, in relation to premises, includes in or on the premises.

attending, a provider or other entity, means complying with the provider or entity’s attendance requirements in the relevant way stated in section 234(2) or (3).

attributes, of a child, means the child’s—

(a)aptitude and ability; and

(b)social and emotional competence; and

(c)physical development; and

(d)level of knowledge and understanding.

authorised officer, for chapter 16, part 1, see section 404.

basic allocation see section 11(1).

behaviour improvement condition ...

behaviour management program ...

board means the Non-State Schools Accreditation Board continued in existence under the Education (Non-State Schools Accreditation) Act 2017, section 97(1).

catchment area, for chapter 8, part 3, see section 169.

certificate III means a qualification by that name under the AQF.

certificate IV means a qualification by that name under the AQF.

certificate of achievement see the E(QCAA) Act, schedule 1.

chairperson, for chapter 6, see section 77.

challenging behaviour ...

charge, for an offence, in relation to a charge made outside Queensland, means any allegation of an offence made in a way that is the same as, or substantially the same as, a charge under the law of Queensland.

charge-related ground see section 282(4).

chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.

chief executive (transport), for chapter 3, see section 48.

closure, for chapter 2, part 3, see section 17.

compulsory participation phase see section 231.

compulsory school age see section 9.

conduct, for chapter 12, part 3, see section 280.

convicted, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.

coopted student member, for chapter 6, see section 77.

corresponding law, for chapter 3, see section 48.

court ...

criminal history, of a relevant mature age student, for chapter 8A, see section 175A.

dealt with, for chapter 12, part 3, see section 280.

director, for chapter 12, part 10, see section 364.

disqualifying offence see the Working with Children (Risk Management and Screening) Act 2000, section 16.

distance education means education provided where students and teachers are not regularly in the presence of each other for that purpose but communicate with each other in writing, by print or by electronic means.

distance education kindergarten learning program means a program approved under section 419E.

educational program includes—

(a)for a reference to an educational program provided under this Act—

(i)a program under arrangements approved under section 183; and

(ii)a kindergarten learning program; or

(b)for a reference to an educational program provided under the Education (Accreditation of Non-State Schools) Act 2017—a program under arrangements approved under section 182.

effective enrolment eligibility plan, for chapter 8, part 4, see section 173.

effective enrolment management plan, for chapter 8, part 3, see section 169.

elected member, for chapter 6, see section 77.

elected parent member, for chapter 6, see section 77.

elected staff member, for chapter 6, see section 77.

elected student member, for chapter 6, see section 77.

eligible option see section 232.

employee—

(a)for chapter 12, part 5—see section 335; or

(b)for chapter 12, part 6—see section 343; or

(c)for chapter 12, part 10—see section 364.

employment exemption ...

enrolment eligibility plan, for chapter 8, part 4, see section 173.

enrolment management plan, for chapter 8, part 3, see section 169.

E(QCAA) Act means the Education (Queensland Curriculum and Assessment Authority) Act 2014.

exclude, a student from a State school, means prohibit the student from enrolling at the school while the exclusion is in force.

excluded person see section 311.

exclusion decision see section 312(1).

exemption, for chapter 9, part 3, see section 184.

exempt person—

(a)for chapter 12, part 5—see section 335; or

(b)for chapter 12, part 6—see section 343.

external program means—

(a)an educational program under section 284, 294 or 301; or

(b)a program under arrangements approved under section 182 or 183; or

(c)another program or course for which the provider’s requirements do not include physically attending, at particular times, the provider’s premises or another place.

financial data, for a non-State school in receipt of subsidy, means the following—

(a)details of the school’s recurrent income;

(b)details of the school’s capital income;

(c)details of the school’s recurrent expenses;

(d)details of the school’s capital expenses;

(e)details of the school’s profit or loss in carrying out each of its incidental business activities;

(f)details of the school’s loans;

(g)other financial details, for the school, prescribed under a regulation.

full-time, in relation to participation in an eligible option, means at a level that is full-time under the following provisions—

(a)for an apprenticeship or traineeship under the Further Education and Training Act 2014—section 238(2);

(b)otherwise—section 235.

higher education entity ...

home education, for chapter 9, part 5, see section 205.

human services includes education, family support, health and housing.

human services entity means a Commonwealth, State or local government entity with functions relating to human services.

information includes a document.

information notice, for a decision, is a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

(c)that the person to whom the notice is given may have the decision reviewed within 30 school days;

(d)how the person may have the decision reviewed.

international educational institution ...

international institution approval ...

kindergarten age child see section 419A(5).

kindergarten learning program means a program approved under section 419A(1).

mature age State school means a State school listed on the department’s website as a mature age State school.

mature age student, of a mature age State school, means an adult enrolled at the school.

mature age student notice ...

minimum eligibility criteria ...

misconduct ...

model constitution see section 96.

nearest applicable school, for chapter 3, see section 48.

negative notice ...

nominated person, for chapter 7, part 10, see section 149.

non-departmental employment skills development program means a program included in the register maintained under the Further Education and Training Act 2014, section 109.

non-State school means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

non-State school in receipt of subsidy means an operating non-State school, the governing body of which is eligible for Government funding for the school under the Education (Accreditation of Non-State Schools) Act 2017.

non-university provider ...

notice means written notice.

notice of removal, for chapter 7, part 10, see section 149.

notice proposing exclusion ...

notice recommending exclusion ...

offence, for chapter 12, part 3, see section 280.

officer, of an association, means a person elected to an office of the association under section 123.

official member, for chapter 6, see section 77.

original decision, for chapter 15, part 1, see section 390.

original direction ...

overseas curriculum ...

parent—

(a)generally—see section 10; or

(b)for chapter 12, part 3, division 9—see section 328.

parents and citizens association means a parents and citizens association formed under chapter 7.

participating, in an eligible option, means participating under the following provisions—

(a)for an apprenticeship or traineeship under the Further Education and Training Act 2014—section 238(2);

(b)otherwise—section 234.

permanent resident, for chapter 3, see section 48.

person under the cancellation ...

person with a disability—

(a)for chapter 8, part 1, division 3—see section 165; or

(b)otherwise—see section 420(5).

planning activities see section 6(a).

police commissioner ...

positive notice ...

premises includes a building together with surrounding land.

preparatory year means the year of schooling immediately before year 1.

preschool education ...

prescribed non-State school see section 419A(5).

prescribed State school see section 419A(5).

president, of an association, means the president of the association elected under section 123.

primary education means education offered in the preparatory year and years 1 to 6.

primary school ...

principal, of a non-State school with no position by that name, means the person responsible for the school’s day-to-day management.

principal’s supervisor, in relation to the principal of a State instructional institution, means the officer employed in the department who holds the position as the principal’s supervisor.

prospective student see section 155(1).

provider—

(a)generally for chapter 10—see section 232; and

(b)in a provision about an eligible option—means the provider for the option.

provisional registration, for chapter 9, part 5, see section 205.

QCAA means the Queensland Curriculum and Assessment Authority established under the E(QCAA) Act, section 5(1).

QSA ...

QSA Act ...

reasonably satisfied means satisfied on reasonable grounds.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

recognised school ...

re-engagement activities see section 6(b).

registered teacher see the Education (Queensland College of Teachers) Act 2005, schedule 3.

registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

registration, for chapter 9, part 5, see section 205.

relevant agreement, for chapter 7, part 8, see section 136.

relevant decision-maker—

(a)for chapter 9, part 3—see section 186(1); or

(b)for chapter 10, part 5—see section 245(1).

relevant mature age student, of a mature age State school, for chapter 8A, see section 175A.

relevant person—

(a)for chapter 12, part 10—see section 364; or

(b)for a student of a State school or non-State school, for chapter 14—see section 383.

remaining allocation see section 11(3).

remote area see section 49.

remove, for chapter 7, part 10, see section 149.

removed person, for chapter 7, part 10, see section 149.

review body, of a non-State school, for chapter 12, part 6, see section 343A.

review decision, for chapter 15, see section 392(2).

school council, for a State school, means the school council established for the school under section 79.

school day means any day on which a school is operating as a school.

school in receipt of subsidy means—

(a)a State school; or

(b)a non-State school in receipt of subsidy.

school of distance education means—

(a)a State school providing distance education; or

(b)a non-State school accredited under the Education (Accreditation of Non-State Schools) Act 2017 to provide distance education.

school studies see the E(QCAA) Act, schedule 1.

secondary education means education offered in years 7 to 12.

semester means semester 1 or semester 2.

semester 1 means the period notified by the Minister in the gazette as semester 1.

semester 2 means the period notified by the Minister in the gazette as semester 2.

senior certificate ...

senior statement means a statement of results of that type issued under the E(QCAA) Act.

serious offence see the Working with Children (Risk Management and Screening) Act 2000, section 15.

sexual abuse, in relation to a relevant person, for chapter 12, part 10, see section 364.

show cause notice—

(a)for chapter 8, part 1, division 2—see section 159(1); or

(b)for chapter 9, part 3, division 4—see section 194(1); or

(c)for chapter 9, part 5, division 5—see section 222(1); or

(d)for chapter 12, part 3, division 5—see section 306(1); or

(e)for chapter 13, part 4—see section 376(2).

show cause period—

(a)for chapter 8, part 1, division 2—see section 159(1)(d); or

(b)for chapter 9, part 3, division 4—see section 194(2)(d); or

(c)for chapter 9, part 5, division 5—see section 222(2)(d); or

(d)for chapter 12, part 3, division 5—see section 306(1)(d); or

(e)for chapter 13, part 4—see section 376(2)(d).

special education means the educational programs and services—

(a)appropriate to the needs of persons with a disability; and

(b)additional to, or otherwise different from, educational programs and services generally available to persons of the relevant age who are not persons with a disability.

special school means a State school only providing special education.

standard conditions of registration, for chapter 9, part 5, see section 205.

stated State school, for chapter 4, part 5, see section 70.

State educational institution means an educational institution established under section 13, 14 or 15.

State instructional institution means an educational institution established under section 13 or 14.

State preschool centre ...

State school means an educational institution established under section 13.

statutory TAFE institute ...

student—

(a)for chapter 4—see section 57; or

(b)for chapter 12, part 3, division 9—see section 328.

student account ...

student account phase ...

student visa holder means a person who holds a student visa issued under the Migration Act 1958 (Cwlth).

suspend, a student from a State school, means prohibit the student from attending the school while the suspension is in force.

TAFE institute ...

TAFE Queensland means TAFE Queensland established under the TAFE Queensland Act 2013, section 5(1).

teacher see the Education (Queensland College of Teachers) Act 2005, schedule 3.

transfer note see section 384.

university ...

VETE Act ...

VETE chief executive ...

VETE department ...