Education (General Provisions) Amendment Regulation (No. 1) 2005 (Qld)

Queensland Education (General Provisions) Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 312 made under the Education(GeneralProvisions)Act1989 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new ss 76AB and 76AC. . . . . . . . . . . . . . . . . . . . . . . 2 76AB Fee for distance education—Act, s 24A . . . . . . . . . . . 2 76AC Waiver of fee for distance education . . . . . . . . . . . . . 5 5 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 5

s1 2 s4 Education (General Provisions) Amendment Regulation (No. 1) 2005 No. 312, 2005 1 Short title This regulation may be cited as the Education (General Provisions) Amendment Regulation (No. 1) 2005 . 2 Commencement This regulation commences on 1 January 2006. 3 Regulation amended This regulation amends the Education(GeneralProvisions)Regulation 2000 . 4 Insertion of new ss 76AB and 76AC After section 76AA— insert— ‘76AB Fee for distance education—Act, s 24A ‘(1) For section 24A(2) 1 of the Act, the fee for the provision of distance education to a person enrolled in a program of distance education is— (a) in 2006—$500; and (b) in each later year—$1000. ‘(2) However, the fee mentioned in subsection (1) is not payable if— (a) the person lives in a remote area; or (b) the person— (i) can not attend a State educational institution, 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 1 Section 24A (Fee for distance education provided by a State school) of the Act

s4 3 s4 Education (General Provisions) Amendment Regulation (No. 1) 2005 No. 312, 2005 (c) the person has an itinerant lifestyle; or (d) the person— (i) is excluded from 1 or more, but not all, State educational institutions, other than schools of distance education, under section 36 or 36E 2 of the Act; and (ii) would live in a remote area if the institution, or institutions, from which the person is excluded were taken not to be a nearest applicable school for the purposes of the definition remote area ; or (e) the person is excluded from all State educational institutions, other than schools of distance education, under section 36E of the Act; or (f) the person can not attend a State educational institution, other than a school of distance education, because the person is caring for his or her child, or another child for whom the person has or exercises parental responsibility; or (g) the person— (i) can not attend a State educational institution, other than a school of distance education, because the person is caring for someone, other than a child mentioned in paragraph (f), on a regular basis; and (ii) gives the chief executive a medical certificate stating that fact; or (h) the person can not be a mature age student of a mature age State educational institution because the person has been issued with a negative notice under section 26AE 3 of the Act; or (i) the person is in the custody of the chief executive (corrective services) at a corrective services facility under the Corrective Services Act 2000 . 2 Section 36 (Exclusion of student by supervisor) or 36E (Exclusion of student by chief executive) of the Act 3 Section 26AE (Decision on application) of the Act

s4 4 s4 Education (General Provisions) Amendment Regulation (No. 1) 2005 No. 312, 2005 ‘(3) For subsection (2)(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. ‘(4) In this section— caravan means a caravan under the Residential Tenancies Act1994 . medical certificate means a certificate signed by a registrant under the PsychologistsRegistrationAct2001 or a medical practitioner. relevant school year means the school year in relation to which the person is enrolled in the program of distance education.

s5 5 s5 Education (General Provisions) Amendment Regulation (No. 1) 2005 No. 312, 2005 ‘76AC Waiver of fee for distance education ‘(1) The chief executive may waive, entirely or partly, payment of the fee mentioned in section 76AB(1) for a person if— (a) the chief executive is satisfied— (i) the person is, or has been, enrolled in 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) 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 of distance education; or (b) whether a program of distance education is the most appropriate educational program for the person.’. 5 Amendment of sch 3 (Dictionary) Schedule 3, definition nearest applicable school — insert— ‘(d) for deciding if a fee under section 76AB(1) 4 is payable for the provision of distance education to a person—the 4 Section 76AB (Fee for distance education—Act, s 24A)

s5 6 s5 Education (General Provisions) Amendment Regulation (No. 1) 2005 No. 312, 2005 nearest State school with the required year level for the person.’. ENDNOTES 1 Made by the Governor in Council on 15 December 2005. 2 Notified in the gazette on 16 December 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Education and the Arts. © State of Queensland 2005