Education (General Provisions) Amendment Act 2003 (Qld)

EDUCATION (GENERAL PROVISIONS) AMENDMENT ACT 2003

Queensland EDUCATION (GENERAL PROVISIONS) AMENDMENT ACT 2003 Act No. 89 of 2003

Queensland EDUCATION (GENERAL PROVISIONS) AMENDMENT ACT 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Amendment of s 4 (References to student when student is a minor or under other legal disability). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Insertion of new pt 4, div 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 1AA—Preliminary 26A Deﬁnition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 47 (Wilful disturbance) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 48 (Trespass) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Insertion of new pt 4, divs 7–10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 7—Directions and orders about conduct or movement at, or entry to, premises of State educational institutions Subdivision 1—Preliminary 48A Deﬁnitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Subdivision 2—Powers relating to name and address 48B Person may be required to state name and address . . . . . . . . . . . . . . 8 Subdivision 3—Directions about conduct or movement at premises of State educational institutions 48C Direction about conduct or movement. . . . . . . . . . . . . . . . . . . . . . . . 9 48D Review of direction under s 48C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Subdivision 4—Directions to leave and not re-enter premises of State educational institutions for 24 hours 48E Direction to leave and not re-enter. . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2 Education (General Provisions) Amendment Act 2003 No. 89, 2003 Subdivision 5—Prohibition from entering premises of State educational institutions for up to 60 days 48F Prohibition from entering premises . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 6—Prohibition from entering premises of State educational institutions for more than 60 days, but not more than 1 year 48G Prohibition from entering premises . . . . . . . . . . . . . . . . . . . . . . . . . . 48H Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 8—Directions and orders about conduct or movement at, or entry to, premises of non-State schools Subdivision 1—Preliminary 48I Deﬁnitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2—Powers relating to name and address 48J Person may be required to state name and address . . . . . . . . . . . . . . Subdivision 3—Directions about conduct or movement at premises of non-State schools 48K Review body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48L Direction about conduct or movement. . . . . . . . . . . . . . . . . . . . . . . . 48M Review of direction under s 48L . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 4—Directions to leave and not re-enter premises of non-State schools for 24 hours 48N Direction to leave and not re-enter. . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 5—Prohibition from entering premises of non-State schools for up to 60 days 48O Prohibition from entering premises . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 6—Prohibition from entering premises of non-State schools for more than 60 days, but not more than 1 year 48P Prohibition from entering premises . . . . . . . . . . . . . . . . . . . . . . . . . . 48Q Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 9—Prohibition from entering premises of all State educational institutions and non-State schools for up to 1 year 48R Prohibition from entering premises of all State educational institutions and non-State schools . . . . . . . . . . . . . . . . . . . . . . . . . . . 48S Prohibition from entering premises of all State educational institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48T Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 13 13 14 14 15 16 16 17 18 19 19 20 20

3 Education (General Provisions) Amendment Act 2003 No. 89, 2003 Division 10—Miscellaneous 48U Non-application of divs 7 and 8 to particular persons . . . . . . . . . . . . 20 48V Notiﬁcation of application or direction . . . . . . . . . . . . . . . . . . . . . . . 20 48W Annual report of department to include report on various matters . . 21 48X Non-state school’s governing body to give particular information to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9A Amendment of s 115 (Dispensation from compliance with compulsory enrolment and attendance provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 10 Insertion of new pt 10, div 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 1AA—Appeals against directions under section 48F or 48O 146C Deﬁnition for div 1AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 146D Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 146E Starting an appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 146F Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 146G Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 11 Amendment of pt 10, div 1 hdg (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . 25 12 Amendment of s 149 (Delegation by chief executive) . . . . . . . . . . . . . . . . . 25 13 Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PART 13—VALIDATION PROVISIONS FOR HOME SCHOOLING DISPENSATION 168 Deﬁnitions for pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 169 Validation of guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 170 Amendment of guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Queensland Education (General Provisions) Amendment Act 2003 Act No. 89 of 2003 An Act to amend the Education (General Provisions) Act 1989 [Assented to 18 November 2003]

s1 6 s5 Education (General Provisions) Amendment Act 2003 No. 89, 2003 The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Education (General Provisions) Amendment Act 2003 . 2 Commencement This Act, other than sections 9A and 13, commences on a day to be ﬁxed by proclamation. 3 Act amended This Act amends the Education (General Provisions) Act 1989. 4 Amendment of s 2 (Interpretation) Section 2(1)— insert— ‘ “appellant” see section 146D. “at” , in relation to premises, includes in or on the premises. “original direction” see section 146D. “premises” includes a building together with surrounding land.’. 5 Amendment of s 4 (References to student when student is a minor or under other legal disability) Section 4(1), ‘10’— omit, insert— ‘part 10, division 1’.

s6 7 s8 Education (General Provisions) Amendment Act 2003 No. 89, 2003 6 Insertion of new pt 4, div 1AA Part 4, before division 1— insert— ‘Division 1AA—Preliminary ‘26A Deﬁnition for pt 4 ‘In this part— “court” means— (a) for an application or appeal relating to a child—the Childrens Court; or (b) otherwise—a Magistrates Court.’. 7 Amendment of s 47 (Wilful disturbance) Section 47, penalty, ‘10 penalty units’— omit, insert— ‘20 penalty units’. 8 Amendment of s 48 (Trespass) Section 48, penalty, ‘10 penalty units’— omit, insert— ‘20 penalty units’.

s9 8 s9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 9 Insertion of new pt 4, divs 7–10 After section 48— insert — ‘Division 7—Directions and orders about conduct or movement at, or entry to, premises of State educational institutions ‘Subdivision 1—Preliminary ‘48A Deﬁnitions for div 7 ‘In this division— “employee” , of the department, means — (a) an employee of, or a contractor for, the department; or (b) an employee, or subcontractor, of a contractor mentioned in paragraph (a). “exempt person” , for a State educational institution, means— (a) a student of the institution; or (b) an employee of the department engaged to perform work at the institution’s premises. ‘Subdivision 2—Powers relating to name and address ‘48B Person may be required to state name and address ‘ (1) If a State educational institution’s principal proposes to give a direction under section 48C or 48E to a person at the institution’s premises, the principal may require the person to state the person’s name and residential address. ‘ (2) When making the requirement under subsection (1), the principal must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. ‘ (3) The principal may require the person to give evidence of the correctness of the person’s stated name or residential address if the principal reasonably suspects the stated name or address is false.

s9 9 s9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 ‘ (4) A person must comply with a requirement made of the person under subsection (1) or (3), unless the person has a reasonable excuse. Maximum penalty for subsection (4)—10 penalty units. ‘Subdivision 3—Directions about conduct or movement at premises of State educational institutions ‘48C Direction about conduct or movement ‘ (1) A State educational institution’s principal may give a person (the “directed person” ) a written direction about the directed person’s conduct or movement at the institution’s premises for up to 30 days after the day on which the direction is given if the principal is reasonably satisﬁed it is necessary to give the direction— (a) to ensure the safety or wellbeing of other persons lawfully at the premises; or (b) to prevent or minimise damage to the premises or to property at the premises; or (c) to maintain good order at the premises; or (d) for the proper management of the institution. ‘ (2) A direction under subsection (1) may not be given to an exempt person for the institution. ‘ (3) The direction must state— (a) the terms of the direction; and (b) the ground for the direction; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) the time the direction is to remain in force; and (e) that the directed person may apply to have the direction reviewed by the principal’s supervisor— (i) within 7 days after the directed person is given the direction; or (ii) if the direction is for less than 7 days—before the direction ends; and

s 9 10 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 (f) the title, name and address of the principal’s supervisor; and (g) how the directed person may apply to have the direction reviewed. ‘ (4) The direction has no effect until the principal gives it to the directed person. ‘ (5) The directed person must comply with the direction, unless the directed person has a reasonable excuse. Maximum penalty for subsection (5)—20 penalty units. ‘48D Review of direction under s 48C ‘ (1) This section applies if a person is given a direction under section 48C by a State educational institution’s principal. ‘ (2) The person may apply in writing to the principal’s supervisor for a review of the direction, but only— (a) within 7 days after the person is given the direction; or (b) if the direction is for less than 7 days—before the direction ends. ‘ (3) The application must— (a) state in detail the grounds on which the person wants the direction to be reviewed; and (b) state the person’s residential address. ‘ (4) After considering the grounds, the principal’s supervisor must make a decision (the “review decision” ) to— (a) conﬁrm the direction; or (b) cancel the direction. ‘ (5) The principal’s supervisor must immediately give the person and the institution’s principal written notice of the review decision. ‘ (6) If the principal’s supervisor does not give the notice within 5 days after the application is made, the review decision is taken to be that the direction is cancelled.

s 9 11 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 ‘Subdivision 4—Directions to leave and not re-enter premises of State educational institutions for 24 hours ‘48E Direction to leave and not re-enter ‘ (1) A State educational institution’s principal may give a person (the “prohibited person” ) a written direction requiring the prohibited person to immediately leave and not re-enter the institution’s premises for 24 hours after the time of the direction if the principal reasonably suspects the prohibited person— (a) has committed, or is about to commit, an offence at the premises; or (b) has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or (c) has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or (d) has otherwise disrupted, or is about to disrupt, good order at the premises; or (e) does not have a good and lawful reason to be at the premises. ‘ (2) A direction under subsection (1) may not be given to an exempt person for the institution. ‘ (3) The direction must state— (a) the terms of the direction; and (b) the ground for the direction; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) the time during which the prohibited person may not re-enter the premises. ‘ (4) The direction has no effect until the principal gives it to the prohibited person. ‘ (5) The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (5)—20 penalty units.

s 9 12 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 ‘Subdivision 5—Prohibition from entering premises of State educational institutions for up to 60 days ‘48F Prohibition from entering premises ‘ (1) The chief executive may give a person (the “prohibited person” ) a written direction requiring the prohibited person not to enter the premises of a State educational institution for up to 60 days after the day on which the direction is given if the chief executive is reasonably satisﬁed that, unless the direction is given, the prohibited person is likely— (a) to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or (b) to damage the premises or property at the premises; or (c) to disrupt the good order or management of the institution. ‘ (2) A direction under subsection (1) may not be given to an exempt person for the institution. ‘ (3) The direction must state— (a) the terms of the direction; and (b) the ground for the direction; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) the time the direction is to remain in force; and (e) that the prohibited person may appeal against the direction, under section 146D, within 10 days; and (f) how the prohibited person may appeal against the direction. ‘ (4) The direction has no effect until the chief executive gives it to the prohibited person. ‘ (5) The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (5)—30 penalty units.

s 9 13 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 ‘Subdivision 6—Prohibition from entering premises of State educational institutions for more than 60 days, but not more than 1 year ‘48G Prohibition from entering premises ‘ (1) The chief executive may apply to a court for an order prohibiting a person from entering the premises of a State educational institution for more than 60 days, but not more than 1 year. ‘ (2) An application under subsection (1) may not be made in relation to an exempt person for the institution. ‘ (3) The court may make the order if the court is satisﬁed, on the balance of probabilities, that unless the order is made the person is likely— (a) to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or (b) to damage the premises or property at the premises; or (c) to disrupt the good order or management of the institution. ‘48H Appeal to District Court ‘An appeal lies to the District Court from a decision of a court under section 48G, but only on a question of law. ‘Division 8—Directions and orders about conduct or movement at, or entry to, premises of non-State schools ‘Subdivision 1—Preliminary ‘48I Deﬁnitions for div 8 ‘In this division— “employee” , of a non-State school’s governing body, means — (a) an employee of, or a contractor for, the governing body; or (b) an employee, or subcontractor, of a contractor mentioned in paragraph (a).

s 9 14 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 “exempt person” , for a non-State school, means— (a) a student of the school; or (b) an employee of the school’s governing body engaged to perform work at the school’s premises. ‘Subdivision 2—Powers relating to name and address ‘48J Person may be required to state name and address ‘ (1) If a non-State school’s principal proposes to give a direction under section 48L or 48N to a person at the institution’s premises, the principal may require the person to state the person’s name and residential address. ‘ (2) When making the requirement under subsection (1), the principal must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. ‘ (3) The principal may require the person to give evidence of the correctness of the person’s stated name or residential address if the principal reasonably suspects the stated name or address is false. ‘ (4) A person must comply with a requirement made of the person under subsection (1) or (3), unless the person has a reasonable excuse. Maximum penalty for subsection (4)—10 penalty units. ‘Subdivision 3—Directions about conduct or movement at premises of non-State schools ‘48K Review body ‘ (1) In this subdivision, “review body” , of a non-State school, means— (a) if the school’s governing body has nominated a person to conduct a review under section 48M—the nominee; or (b) otherwise—the school’s governing body. ‘ (2) For subsection (1)(a), a nominee of a non-State school’s governing body must not be the school’s principal.

s 9 15 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 ‘48L Direction about conduct or movement ‘ (1) A non-State school’s principal may give a person (the “directed person” ) a written direction about the directed person’s conduct or movement at the school’s premises for up to 30 days after the day on which the direction is given if the principal is reasonably satisﬁed it is necessary to give the direction— (a) to ensure the safety or wellbeing of other persons lawfully at the premises; or (b) to prevent or minimise damage to the premises or to property at the premises; or (c) to maintain good order at the premises; or (d) for the proper management of the school. ‘ (2) A direction under subsection (1) may not be given to an exempt person for the school. ‘ (3) The direction must state— (a) the terms of the direction; and (b) the ground for the direction; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) the time the direction is to remain in force; and (e) that the directed person may apply to have the direction reviewed by the school’s review body— (i) within 7 days after the directed person is given the direction; or (ii) if the direction is for less than 7 days—before the direction ends; and (f) the name and address of the school’s review body; and (g) how the directed person may apply to have the direction reviewed. ‘ (4) The direction has no effect until the principal gives it to the directed person.

s 9 16 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 ‘ (5) The directed person must comply with the direction, unless the directed person has a reasonable excuse. Maximum penalty for subsection (5)—20 penalty units. ‘48M Review of direction under s 48L ‘ (1) This section applies if a person is given a direction under section 48L by a non-State school’s principal. ‘ (2) The person may apply in writing to the school’s review body for a review of the direction, but only— (a) within 7 days after the person is given the direction; or (b) if the direction is for less than 7 days—before the direction ends. ‘ (3) The application must— (a) state in detail the grounds on which the person wants the direction to be reviewed; and (b) state the person’s residential address. ‘ (4) After considering the grounds, the review body must make a decision (the “review decision” ) to— (a) conﬁrm the direction; or (b) cancel the direction. ‘ (5) The review body must immediately give the person and the school’s principal written notice of the review decision. ‘ (6) If the review body does not give the notice within 5 days after the application is made, the review decision is taken to be that the direction is cancelled. ‘Subdivision 4—Directions to leave and not re-enter premises of non-State schools for 24 hours ‘48N Direction to leave and not re-enter ‘ (1) A non-State school’s principal may give a person (the “prohibited person” ) a written direction requiring the prohibited person to immediately leave and not re-enter the school’s premises for 24 hours after

s 9 17 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 the time of the direction if the principal reasonably suspects the prohibited person— (a) has committed, or is about to commit, an offence at the premises; or (b) has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or (c) has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or (d) has otherwise disrupted, or is about to disrupt, good order at the premises; or (e) does not have a good and lawful reason to be at the premises. ‘ (2) A direction under subsection (1) may not be given to an exempt person for the school. ‘ (3) The direction must state— (a) the terms of the direction; and (b) the ground for the direction; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) the time during which the prohibited person may not re-enter the premises. ‘ (4) The direction has no effect until the principal gives it to the prohibited person. ‘ (5) The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (5)—20 penalty units. ‘Subdivision 5—Prohibition from entering premises of non-State schools for up to 60 days ‘48O Prohibition from entering premises ‘ (1) A non-State school’s governing body, or its nominee for this subsection, may give a person (the “prohibited person” ) a written direction requiring the prohibited person not to enter the school’s premises

s 9 18 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 for up to 60 days after the day on which the direction is given if the governing body or nominee is reasonably satisﬁed that, unless the direction is given, the prohibited person is likely— (a) to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or (b) to damage the premises or property at the premises; or (c) to disrupt the good order or management of the school. ‘ (2) A direction under subsection (1) may not be given to an exempt person for the school. ‘ (3) The direction must state— (a) the terms of the direction; and (b) the ground for the direction; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) the time the direction is to remain in force; and (e) that the prohibited person may appeal against the direction, under section 146D, within 10 days; and (f) how the prohibited person may appeal against the direction. ‘ (4) The direction has no effect until the governing body or nominee gives it to the prohibited person. ‘ (5) The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty—30 penalty units. ‘ (6) For subsection (1), a nominee of a non-State school’s governing body must not be the school’s principal. ‘Subdivision 6—Prohibition from entering premises of non-State schools for more than 60 days, but not more than 1 year ‘48P Prohibition from entering premises ‘ (1) A non-State school’s governing body, or its nominee for this subsection, may apply to a court for an order prohibiting a person (the

s 9 19 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 “prohibited person” ) from entering the school’s premises for more than 60 days, but not more than 1 year. ‘ (2) An application under subsection (1) may not be made in relation to an exempt person for the school. ‘ (3) The court may make the order if the court is satisﬁed, on the balance of probabilities, that unless the order is made the prohibited person is likely— (a) to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or (b) to damage the premises or property at the premises; or (c) to disrupt the good order or management of the school. ‘ (4) For subsection (1), a nominee of a non-State school’s governing body must not be the school’s principal. ‘48Q Appeal to District Court ‘An appeal lies to the District Court from a decision of a court under section 48P, but only on a question of law. ‘Division 9—Prohibition from entering premises of all State educational institutions and non-State schools for up to 1 year ‘48R Prohibition from entering premises of all State educational institutions and non-State schools ‘ (1) The chief executive may apply to a court for an order prohibiting a person from entering the premises of all State educational institutions and non-State schools for up to 1 year. ‘ (2) An application under subsection (1) may not be made in relation to a person who is a student of a State educational institution or non-State school. ‘ (3) The court may make the order if the court is satisﬁed, on the balance of probabilities, that the person poses an unacceptable risk to the safety or wellbeing of members of school communities in general.

s 9 20 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 ‘48S Prohibition from entering premises of all State educational institutions ‘ (1) The chief executive may apply to a court for an order prohibiting a person from entering the premises of all State educational institutions for up to 1 year. ‘ (2) An application under subsection (1) may not be made in relation to a person who is a student of a State educational institution. ‘ (3) The court may make the order if the court is satisﬁed, on the balance of probabilities, that the person poses an unacceptable risk to the safety or wellbeing of members of school communities of the institutions in general. ‘48T Appeal to District Court ‘An appeal lies to the District Court from a decision of a court under section 48R or 48S, but only on a question of law. ‘Division 10—Miscellaneous ‘48U Non-application of divs 7 and 8 to particular persons ‘Divisions 7 and 8 1 do not apply to a person in relation to the exercise by the person of the person’s powers under an Act at the premises of a State educational institution or non-State school. ‘48V Notiﬁcation of application or direction ‘ (1) Subsection (2) applies if an application is made under section 48G, 48P, 48R or 48S in relation to a child. ‘ (2) The applicant must, as soon as practicable after making the application, give a parent of the child written notice of the application, unless a parent can not be found after reasonable inquiry. ‘ (3) Subsection (4) applies if a direction is given under section 48F or 48O to a child. 1 Divisions 7 (Directions and orders about conduct or movement at, or entry to, premises of State educational institutions) and 8 (Directions and orders about conduct or movement at, or entry to, premises of non-State schools)

s 9 21 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 ‘ (4) The person who gives the direction must, as soon as practicable after giving the direction, give a parent of the child written notice of the direction, unless a parent can not be found after reasonable inquiry. ‘ (5) In this section— “parent” , of a child, includes someone who is apparently a parent of the child. ‘48W Annual report of department to include report on various matters ‘ (1) In the department’s annual report for a ﬁnancial year under the FinancialAdministrationandAuditAct1977 , the chief executive must include details of— (a) the number of directions given during the ﬁnancial year under section 48C, including the number given to children; and (b) the number of directions given during the ﬁnancial year under section 48E, including the number given to children; and (c) the number of directions given during the ﬁnancial year under section 48F, including the number given to children; and (d) the number of orders made during the ﬁnancial year under section 48G, including the number made in relation to children; and (e) the number of orders made during the ﬁnancial year under section 48R, including the number made in relation to children; and (f) the number of orders made during the ﬁnancial year under section 48S, including the number made in relation to children; and (g) the number of applications made during the ﬁnancial year under section 48D, including the number made by children; and (h) the number of directions conﬁrmed during the ﬁnancial year under section 48D, including the number of the directions that had been given to children; and

s 9 22 s 9 Education (General Provisions) Amendment Act 2003 No. 89, 2003 (i) the number of directions cancelled during the ﬁnancial year under section 48D, including the number of the directions that had been given to children. 2 ‘ (2) Also, in the annual report, the chief executive must include the information obtained by the Minister under section 48X for the ﬁnancial year. ‘48X Non-state school’s governing body to give particular information to Minister ‘A non-State school’s governing body must, within 2 months after the end of a ﬁnancial year, give the following information to the Minister— (a) the number of directions, relating to the school, given during the ﬁnancial year under section 48L, including the number given to children; (b) the number of directions, relating to the school, given during the ﬁnancial year under section 48N, including the number given to children; (c) the number of directions, relating to the school, given during the ﬁnancial year under section 48O, including the number given to children; (d) the number of orders, relating to the school, made during the ﬁnancial year under section 48P, including the number made in relation to children; (e) the number of applications, relating to the school, made during the ﬁnancial year under section 48M, including the number made by children; (f) the number of directions, relating to the school, conﬁrmed during the ﬁnancial year under section 48M, including the number of the directions that had been given to children; 2 Sections 48C (Direction about conduct or movement), 48D (Review of direction under s 48C), 48E (Direction to leave and not re-enter), 48F (Prohibition from entering premises), 48G (Prohibition from entering premises), 48R (Prohibition from entering premises of all State educational institutions and non-State schools) and 48S (Prohibition from entering premises of all State educational institutions)

s 9A 23 s 10 Education (General Provisions) Amendment Act 2003 No. 89, 2003 (g) the number of directions, relating to the school, cancelled during the ﬁnancial year under section 48M, including the number of the directions that had been given to children. 3 ’. 9A Amendment of s 115 (Dispensation from compliance with compulsory enrolment and attendance provisions) Section 115— insert — ‘ (2A) The guidelines approved under subsection (2)(a)(i) may, for an application for a dispensation for the reason mentioned in that subparagraph, provide for each of the following— (a) notifying the applicant of the decision on the application; (b) if it is decided not to grant the application—the internal review of the decision.’. 10 Insertion of new pt 10, div 1AA Part 10, before division 1— insert — ‘Division 1AA—Appeals against directions under section 48F or 48O ‘146C Deﬁnition for div 1AA ‘In this division— “court” means— (a) for an appeal relating to a child—the Childrens Court; or (b) otherwise—a Magistrates Court. 3 Sections 48L (Direction about conduct or movement), 48M (Review of direction under s 48L), 48N (Direction to leave and not re-enter), 48O (Prohibition from entering premises) and 48P (Prohibition from entering premises)

s 10 24 s 10 Education (General Provisions) Amendment Act 2003 No. 89, 2003 ‘146D Who may appeal ‘A person (the “appellant” ) who is given a direction under section 48F or 48O 4 (the “original direction” ) may appeal against the original direction to a court. 5 ‘146E Starting an appeal ‘The notice of appeal under the UniformCivilProcedureRules1999 must be filed with the registrar of the court within 10 days after the appellant is given the original direction. ‘146F Hearing procedures ‘ (1) In deciding the appeal, the court— (a) has the same powers as the person who gave the original direction; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice; and (d) must allow a child to be represented by an associated adult; and (e) may not make an order for costs, other than for ﬁling fees. ‘ (2) To remove any doubt, it is declared that the ChildrensCourtAct1992 , section 20 6 applies if the appeal is heard by the Childrens Court. ‘ (3) The appeal is by way of rehearing, unaffected by the original direction, on the material before the person who gave the original direction and any further evidence allowed by the court. ‘ (4) The respondent to the appeal may be represented by a lawyer at the hearing of the appeal only if the appellant is also represented by a lawyer. ‘ (5) In this section— “associated adult” , for a child, means an adult who— (a) is the child’s parent, step-parent or guardian; or 4 Section 48F (Prohibition from entering premises) or 48O (Prohibition from entering premises) 5 The Uniform Civil Procedure Rules 1999 contains provisions about appeals to a Magistrates Court. 6 Childrens Court Act 1992 , section 20 (Who may be present at a proceeding)

s 11 25 s 12 Education (General Provisions) Amendment Act 2003 No. 89, 2003 (b) is the child’s spouse; or (c) has parental rights and duties for the child; or (d) might reasonably be expected to have authority over the child’s conduct. ‘146G Powers of court on appeal ‘ (1) In deciding the appeal, the court may— (a) conﬁrm the original direction; or (b) amend the original direction; or (c) substitute another direction for the original direction; or (d) set aside the original direction and return the issue to the person who gave the original direction with the directions the court considers appropriate. ‘ (2) If the court amends the original direction or substitutes another direction for the original direction, the amended or substituted direction is, for this Act (other than this division), taken to be the direction of the person who gave the original direction.’. 11 Amendment of pt 10, div 1 hdg (Appeals) Part 10, division 1, heading, ‘ Appeals ’— omit, insert— ‘ Appeals against decisions under section 113, 130 or 132 ’. 12 Amendment of s 149 (Delegation by chief executive) Section 149(1), after ‘part 4,’— insert — ‘divisions 1 to 6,’.

s 13 26 s 13 Education (General Provisions) Amendment Act 2003 No. 89, 2003 13 Insertion of new pt 13 After section 167— insert — ‘PART 13—VALIDATION PROVISIONS FOR HOME SCHOOLING DISPENSATION ‘168 Deﬁnitions for pt 13 ‘In this part— “commencement” means commencement of this section. “guidelines” means the guidelines, approved under this Act, stated in the order in council published in the gazette on 5 August 1989 at page 2 993. ‘169 Validation of guidelines ‘ (1) The guidelines are, and always have been, valid. ‘ (2) Without limiting subsection (1), an amount charged and collected under section 5(c)(ii) of the guidelines before the commencement is taken to have been validly charged and collected. ‘170 Amendment of guidelines ‘ (1) The guidelines are amended by— (a) in section 5(c)(ii) of the guidelines, omitting all words from ‘and submit’ to ‘Art’; and (b) omitting section 6 of the guidelines; and (c) in section 7 of the guidelines, omitting the words ‘and the Regional Director’. ‘ (2) Without limiting subsection (1)(a), an amount payable under section 5(c)(ii) of the guidelines, but not paid before the commencement, is no longer payable. ‘ (3) The amendment of the guidelines in this section does not affect the power of the Governor in Council to approve a further amendment, or revoke the Governor in Council’s approval, of the guidelines.’.