Education (General Provisions) Amendment Act 1996 (Qld)

Queensland EDUCATION (GENERAL PROVISIONS) AMENDMENT ACT 1996 Act No. 64 of 1996

Queensland EDUCATION (GENERAL PROVISIONS) AMENDMENT ACT 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Omission of ss 24–27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Insertion of new pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 3A—GOOD ORDER AND MANAGEMENT OF STATE EDUCATIONAL INSTITUTIONS Division 1—Behaviour management plans 30A Principal is responsible for behaviour management plans . . . . . . . . 5 Division 2—Suspension of students 30B Grounds for suspension of student . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 30C Suspension of student . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 30D Placement of certain students in alternative education program . . . 7 30E Submissions against suspensions for more than 5 school days . . . . 7 30F Dealing with submissions against suspensions . . . . . . . . . . . . . . . . . 7 Division 3—Exclusion of students 30G Grounds for exclusion of student . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 30H Suspension pending dealing with recommendation for exclusion . . 8 30I Submissions against suspension and recommendation for exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 30J Exclusion of student . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 30K Submissions against exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 30L Dealing with submissions against exclusions . . . . . . . . . . . . . . . . . . 11

2 Education (General Provisions) Amendment No. 64, 1996 Division 4—Cancellation of enrolment of students above the age of compulsory attendance 30M Grounds for cancelling enrolment of student more than the age of compulsory attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 30N Cancellation of student’s enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . 12 30O Submissions against cancellation of enrolment . . . . . . . . . . . . . . . . 13 30P Dealing with submissions against cancellations of enrolment . . . . . 13 Division 5— Miscellaneous provisions about suspensions, exclusions and cancellations 30Q Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 30R Copy of notices under this part to be given to parent etc. . . . . . . . . 14 30S Submissions about suspensions, exclusions and cancellation . . . . . 14 30T Time notices take effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 6—Offences 30U Wilful disturbance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 30V Trespass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 7 Amendment of s 58 (Dispensation from compliance with compulsory enrolment and attendance provisions) . . . . . . . . . . . . . . . . . . . . 16 8 Replacement of s 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 77A Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 9 Insertion of new ss 80 and 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 80 Transitional provision about existing dispensations from compliance with compulsory enrolment and attendance provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 81 Transitional provision about existing delegations . . . . . . . . . . . . . . . 18

Queensland Education (General Provisions) Amendment Act 1996 Act No. 64 of 1996 An Act to amend the Education (General Provisions) Act 1989 [Assented to 9 December 1996]

s1 4 s4 Education (General Provisions) Amendment No. 64, 1996 The Parliament of Queensland enacts— ˙ Short title 1. This Act may be cited as the Education (General Provisions) Amendment Act 1996 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation. ˙ Act amended 3. This Act amends the Education (General Provisions) Act 1989 . ˙ Amendment of s 3 (Interpretation) 4.(1) Section 3(1), definitions “executive director” and “principal” — omit. (2) Section 3(1)— insert— ‘ “cancel” , the enrolment at a State educational institution of a student who is more than the age of compulsory attendance, means prohibit the student from attending the institution, whether for a stated period or permanently. “exclude” , a student, means prohibit the student from attending a State educational institution or State educational institutions for a stated period or permanently. “excluded person” see section 30J. “notice recommending exclusion” see section 30H(3). “person under a cancellation” see section 30N. “principal” means the person in charge of a State educational institution.

s5 5 s6 Education (General Provisions) Amendment No. 64, 1996 “reasonably satisfied” means satisfied on reasonable grounds. “suspend” , a student, means prohibit the student from attending a State educational institution for a stated number of school days. “teacher” means a person who— (a) is registered as a teacher, or who has provisional registration as a teacher, under the Education(TeacherRegistration)Act1988 ; and (b) is a member of the educational staff of a State educational institution.’. ˙ Omission of ss 24–27 5. Sections 24 to 27— omit. ˙ Insertion of new pt 3A 6. After section 30— insert— ‘ PART 3A—GOOD ORDER AND MANAGEMENT OF STATE EDUCATIONAL INSTITUTIONS ‘ Division 1—Behaviour management plans ˙ ‘ Principal is responsible for behaviour management plans ‘ 30A.(1) The principal of each State educational institution must ensure a process is put in place for developing a behaviour management plan for the institution. ‘ (2) The plan for an institution must— (a) promote a supportive environment at the institution so all members of the institution’s community may work together in developing acceptable standards of behaviour to create a caring,

s6 6 s6 Education (General Provisions) Amendment No. 64, 1996 productive and safe environment for learning; and (b) promote an effective teaching and learning environment at the institution, that allows positive aspirations, relationships and values to develop; and (c) foster mutual respect among all individuals at the institution; and (d) encourage all students attending the institution to take increasing responsibility for their own behaviour and the consequences of their actions. ‘ (3) The principal of an institution must take all reasonable steps to ensure the institution’s behaviour management plan is implemented consistently, fairly and reasonably. ‘ (4) Also, the principal must ensure the plan is reviewed from time to time. ‘ Division 2—Suspension of students ˙ ‘ Grounds for suspension of student ‘ 30B. Each of the following is a ground for suspending a student from a State educational institution— (a) disobedience by the student; (b) misconduct of the student; (c) other conduct of the student that is prejudicial to the good order and management of the State educational institution or State educational institutions. ˙ ‘ Suspension of student ‘ 30C.(1) This section applies if the principal of a State educational institution is reasonably satisfied grounds exist to suspend a student from the institution. ‘ (2) The principal may suspend the student from the institution— (a) for not more than 5 school days; or

s6 7 s6 Education (General Provisions) Amendment No. 64, 1996 (b) if the principal is satisfied the behaviour was so serious that the suspension should be for longer than 5 school days—for not more than 20 school days. ‘ (3) The principal must give the student a written notice stating— (a) the student is suspended and the reason for the suspension; and (b) the period of the suspension. ‘ (4) If the suspension is for more than 5 school days, the notice must also state— (a) the student may make a submission against the suspension to the principal’s supervisor; and (b) the title, name and address of the principal’s supervisor; and (c) the way in which the submission may be made. ˙ ‘ Placement of certain students in alternative education program ‘ 30D. If a student is suspended for more than 5 school days, the principal must coordinate arrangements for placing the student in an alternative education program that allows the student to continue with the student’s education. ˙ ‘ Submissions against suspensions for more than 5 school days ‘ 30E.(1) A student suspended for more than 5 school days may make a submission against the suspension. ‘ (2) The submission must be made to the principal’s supervisor and state fully the grounds for the submission and the facts relied on. ˙ ‘ Dealing with submissions against suspensions ‘ 30F.(1) If a submission is made to a principal’s supervisor, the supervisor must promptly consider the decision and the submission and— (a) affirm the decision; or (b) vary the decision; or (c) set aside the decision and make a new decision in substitution of

s6 8 s6 Education (General Provisions) Amendment No. 64, 1996 the decision to suspend. ‘ (2) After the supervisor has decided to affirm, vary or set aside the principal’s decision to suspend, the supervisor must— (a) promptly tell the student and principal about the decision; and (b) within 7 days after telling the student about the decision—give the student and the principal written notice of the decision and the reasons. ‘ Division 3—Exclusion of students ˙ ‘ Grounds for exclusion of student ‘ 30G. The grounds for excluding a student from a State educational institution or State educational institutions are— (a) any of the following— (i) disobedience by the student; (ii) misconduct of the student; (iii) other conduct of the student that is prejudicial to the good order and management of the State educational institution or State educational institutions; and (b) the student’s disobedience, misconduct or other conduct is so serious that suspension of the student is inadequate to deal with the behaviour. ˙ ‘ Suspension pending dealing with recommendation for exclusion ‘ 30H.(1) This section applies if the principal of a State educational institution is reasonably satisfied grounds exist to exclude a student from the institution or State educational institutions. ‘ (2) The principal may— (a) recommend to the principal’s supervisor that the student be excluded from the institution or stated State educational institutions; and

s6 9 s6 Education (General Provisions) Amendment No. 64, 1996 (b) suspend the student from the institution pending the supervisor’s decision about the recommendation. ‘ (3) The principal must give the student a written notice (the “notice recommending exclusion” ) stating— (a) the principal has recommended to the principal’s supervisor that the student be excluded from the institution and the reason for the recommendation; and (b) the student is suspended pending the supervisor’s decision about the recommendation; and (c) the student may make a submission to the principal’s supervisor against the suspension and recommendation for exclusion no later than 5 school days after the day the notice is given to the student or the longer period allowed by the supervisor under section 30I(3); and (d) the title, name and address of the principal’s supervisor; and (e) the way in which the submission may be made. ‘ (4) The principal must promptly give a copy of the notice to the principal’s supervisor. ˙ ‘ Submissions against suspension and recommendation for exclusion ‘ 30I.(1) A student given a notice recommending exclusion may make a submission against the suspension and recommendation for exclusion. ‘ (2) The submission must— (a) be made to the principal’s supervisor no later than 5 school days after the day the notice is given to the student; and (b) state fully the grounds for the submission and the facts relied on. ‘ (3) If, no later than 5 school days after the day the notice is given to the student, the supervisor is contacted by a person who may make a submission in relation to the notice asking for a longer period within which to make the submission, the supervisor may, by written notice, state a longer period allowed for submissions.

s 6 10 s 6 Education (General Provisions) Amendment No. 64, 1996 ˙ ‘ Exclusion of student ‘ 30J.(1) If— (a) a principal of a State educational institution, under section 30H(2), recommended to the principal’s supervisor that a student at the institution be excluded from the institution or State educational institutions for a period or permanently and gave the student a notice recommending exclusion; and (b) 5 school days after the day the student was given the notice, or the longer period allowed by the supervisor under section 30I(3), have expired and the supervisor— (i) has not, before the expiry, received a submission against the suspension and recommendation for exclusion; or (ii) has received a submission before the expiry and considered the submission; and (c) the supervisor is reasonably satisfied grounds exist to exclude the student from the institution or State educational institutions; the supervisor may, no later than 20 school days after the day the notice was given to the student, exclude the student (the “excluded person” ) from the institution or State educational institutions for a period or permanently. ‘ (2) Also, even though a principal of a State educational institution did not recommend to the principal’s supervisor that a student at the institution be excluded from the institution or State educational institutions, the supervisor may exclude the student (also the “excluded person” ) from the institution or State educational institutions for a period or permanently, if the supervisor is reasonably satisfied grounds exist to exclude the student from the institution or State educational institutions. ‘ (3) A supervisor must give an excluded person a written notice stating— (a) the person is excluded from the stated institution or institutions and the reason for the exclusion; and (b) the period of the exclusion; and (c) the person may make a submission to the chief executive against the exclusion; and

s 6 11 s 6 Education (General Provisions) Amendment No. 64, 1996 (d) the title, name and address of the chief executive; and (e) the way in which the submission may be made. ‘ (4) Even if the supervisor may, under subsection (1), exclude the student from the institution or State educational institutions, the supervisor may decide not to exclude the student if the supervisor is reasonably satisfied the student may be allowed to return to the institution without compromising the good order and management of the institution. ‘ (5) If the supervisor decides not to exclude the student, the supervisor must— (a) promptly tell the student— (i) about the decision; and (ii) that the suspension has ended and the student may return to the institution; and (b) within 7 days after telling the student about the decision—give written notice to the student, and the principal, about the supervisor’s decision and the reasons for the decision. ˙ ‘ Submissions against exclusions ‘ 30K.(1) The excluded person may make a submission against the exclusion. ‘ (2) The submission must be made to the chief executive and state fully the grounds for the submission and the facts relied on. ˙ ‘ Dealing with submissions against exclusions ‘ 30L.(1) If a submission is made to the chief executive, the chief executive must promptly consider the decision and the submission and— (a) affirm the decision; or (b) vary the decision; or (c) set aside the decision and make a new decision in substitution of the decision to exclude. ‘ (2) After the chief executive has decided to affirm, vary or set aside the

s 6 12 s 6 Education (General Provisions) Amendment No. 64, 1996 decision, the chief executive must— (a) promptly tell the excluded person of the chief executive’s decision; and (b) within 7 days after telling the excluded person about the decision—give written notice to the excluded person, and the relevant principal and supervisor, about the chief executive’s decision and the reasons for the decision. ‘ Division 4—Cancellation of enrolment of students above the age of compulsory attendance ˙ ‘ Grounds for cancelling enrolment of student more than the age of compulsory attendance ‘ 30M.(1) The grounds for cancelling the enrolment at a State educational institution of a student who is more than the age of compulsory attendance are— (a) the student’s persistently disruptive behaviour is adversely affecting the education of other students at the institution; or (b) the student’s behaviour amounts to a refusal to participate in the program of instruction provided at the institution. ‘ (2) The enrolment of a student of the age of compulsory attendance may not be cancelled under this division. ˙ ‘ Cancellation of student’s enrolment ‘ 30N.(1) This section applies if the principal of a State educational institution is reasonably satisfied grounds exist to cancel the enrolment at the institution of a student who is more than the age of compulsory attendance. ‘ (2) The principal may cancel the enrolment at the institution of the student (the “person under a cancellation” ) for a period or permanently. ‘ (3) The principal must give the person under the cancellation a written notice stating—

s 6 13 s 6 Education (General Provisions) Amendment No. 64, 1996 (a) the person’s enrolment at the institution is cancelled and the reason for the cancellation; and (b) the period of the cancellation; and (c) the person may make a submission against the cancellation to the principal’s supervisor; and (d) the title, name and address of the principal’s supervisor; and (e) the way in which the submission may be made. ‘ (4) The principal must also give a copy of the notice to the principal’s supervisor. ˙ ‘ Submissions against cancellation of enrolment ‘ 30O.(1) The person under the cancellation may make a submission against the cancellation. ‘ (2) The submission must be made to the principal’s supervisor and state fully the grounds for the submission and the facts relied on. ˙ ‘ Dealing with submissions against cancellations of enrolment ‘ 30P.(1) If a submission is made to a principal’s supervisor, the supervisor must promptly consider the decision and the submission and— (a) affirm the decision; or (b) vary the decision; or (c) set aside the decision and make a new decision in substitution of the decision to cancel the student’s enrolment. ‘ (2) After the supervisor has decided to affirm, vary or set aside the decision, the supervisor must— (a) promptly tell the person under the cancellation of the decision; and (b) within 7 days after telling the person about the decision—give written notice to the person, and the principal who cancelled the person’s enrolment, about the decision and the reasons for the decision.

s 6 14 s 6 Education (General Provisions) Amendment No. 64, 1996 ‘ Division 5— Miscellaneous provisions about suspensions, exclusions and cancellations ˙ ‘ Definition for division ‘ 30Q. In this division— “student” means— (a) a student, including a suspended student; or (b) an excluded person; or (c) a person under a cancellation. ˙ ‘ Copy of notices under this part to be given to parent etc. ‘ 30R.(1) If a person is required, under this part, to give a notice to a student and the student is under 18, the person must promptly give a copy of the notice to— (a) if a parent has care and control of the student—the parent; or (b) if another adult has care and control of the student—the adult. ‘ (2) In deciding to whom a notice must be given under subsection (1), the person required to give the notice may rely on the relevant State educational institution’s records about— (a) if a parent, or another adult, has care and control of the student; and (b) the current residential address of the parent or adult. ˙ ‘ Submissions about suspensions, exclusions and cancellation ‘ 30S. If, under this part, a student may make a submission in relation to a suspension, suspension and recommendation for exclusion, exclusion or cancellation and the student is under 18, a submission may also be made by a parent, or an adult who has the care and control, of the student.

s 6 15 s 6 Education (General Provisions) Amendment No. 64, 1996 ˙ ‘ Time notices take effect ‘ 30T. A notice given to a student under this part takes effect on the day the notice is given to the student or a later day stated in the notice. ‘ Division 6—Offences ˙ ‘ Wilful disturbance ‘ 30U.(1) A person must not wilfully disturb the good order or management of a State educational institution. Maximum penalty—10 penalty units. ‘ (2) A person must not insult an officer of a State educational institution in the presence or hearing of a student of the institution, who is, at the time in question— (a) in or about the institution; or (b) assembled with others for educational purposes at or in any place. Maximum penalty—10 penalty units. ‘ (3) A person must not be convicted of an offence against this section if the person was, at the time in question, a student at the State educational institution. ‘ (4) In subsection (2)— “insult” includes abuse. “officer of a State educational institution ” includes a teacher, teacher on probation, teacher in training, staff member or person employed in any capacity at the institution. ˙ ‘ Trespass ‘ 30V. A person must not be on the premises of a State educational institution unless the person has lawful authority or a reasonable excuse for being on the premises. Maximum penalty—10 penalty units.’.

s 7 16 s 7 Education (General Provisions) Amendment No. 64, 1996 ˙ Amendment of s 58 (Dispensation from compliance with compulsory enrolment and attendance provisions) 7.(1) Section 58(2)(d)— omit, insert— ‘(d) that the child’s home is not less than 16 km from the nearest State educational institution with the required year level for the child and— (i) is not less than 4.5 km from a school transport service to a State educational institution with the required year level for the child; or (ii) is less than 4.5 km from a school transport service to a State educational institution with the required year level for the child but— (A) is not less than 56 km from the institution using the route travelled by the school transport service; or (B) is not less than 3 hours travelling time per day using the school transport service;’. (2) Section 58— insert— ‘ (5) Distance from a child’s home to the nearest State educational institution with the required year level for the child must be measured— (a) if there is no school transport service to the institution—by the shortest practicable route; or (b) if there is a school transport service to the institution—by the total of the distance from the child’s home to the school transport access point and the distance travelled by the school transport service from that point to the institution. ‘ (6) In this section— “school transport service” means— (a) a school transport service approved by the chief executive of the department that deals with matters arising under the TransportOperations (Passenger Transport) Act 1994 ; or

s 8 17 s 9 Education (General Provisions) Amendment No. 64, 1996 (b) a public transport service.’. ˙ Replacement of s 77A 8.(1) Section 77A— omit, insert— ˙ ‘ Delegation by chief executive ‘ 77A.(1) The chief executive may delegate the chief executive’s powers under this Act, other than part 3A, 1 to an appropriately qualified officer of the department. ‘ (2) In this section— “appropriately qualified” includes having the qualifications, experience or standing appropriate to exercise the power. Example of ‘standing’— A person’s classification level in the department. ’. ˙ Insertion of new ss 80 and 81 9. After section 79— insert— ˙ ‘Transitional provision about existing dispensations from compliance with compulsory enrolment and attendance provisions ‘ 80.(1) This section applies to a dispensation from compliance with any obligation under section 57 for a child of the age of compulsory attendance, that was in force immediately before the commencement, if— (a) the dispensation was granted by the Minister because of a reason stated in section 58(2)(d) as in force immediately before the commencement; or (b) the dispensation was a provisional dispensation while an application under section 59 was being determined and the application was based on section 58(2)(d) as in force immediately 1 Part 3A (Good order and management of State educational institutions)

s 9 18 s 9 Education (General Provisions) Amendment No. 64, 1996 before the commencement. ‘ (2) The dispensation continues in force while the child is enrolled at a school of distance education unless the dispensation expires or is sooner revoked by the Minister for a reason other than because the criteria stated in section 58(2)(d) changed on the commencement. ‘ (3) Also, if the dispensation is a provisional dispensation as mentioned in subsection (1)(b), the Minister may grant a dispensation for the child based on section 58(2)(d) as in force immediately before the commencement even though, apart from this section, the Minister cannot grant the dispensation. ‘ (4) This section, and dispensations to which it relates, expire on 31 December 1999. ˙ ‘ Transitional provision about existing delegations ‘ 81.(1) This section applies to a delegation— (a) made under section 77A 2 before the commencement of this section; and (b) in force immediately before the commencement. ‘ (2) The delegation continues to have effect for 1 year after the commencement, unless it is revoked before the year ends. ‘ (3) This section expires 1 year after the commencement.’. © State of Queensland 1996 2 Section 77A (Delegation by chief executive)