Education (General Provisions) Amendment Regulation (No. 3) 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 399 Education (General Provisions) Act 1989 EDUCATION (GENERAL PROVISIONS) AMENDMENT REGULATION (No. 3) 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 13 (Accident register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of s 15 (Instruction for overseas students) . . . . . . . . . . . . . . . . 4 7 Insertion of new s 19D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 19D Controlled place or dry place under Law Council declaration . . . . 4 8 Amendment of s 20 (Limitation on use of State educational institutions for commercial and propaganda purposes) . . . . . . . . . . . . . . . . . 5 9 Amendment of s 32 (Compulsory attendance) . . . . . . . . . . . . . . . . . . . . . . . 5 10 Amendment of s 34 (Transfer of student) . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Amendment of s 49 (Procedures relating to accounts etc. of an association) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Amendment of s 54 (Conduct of school canteens, tuckshops and other amenities by an association) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Amendment of s 55 (Textbook and resource allowance) . . . . . . . . . . . . . . . 6 14 Insertion of new s 55A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 55A School uniform allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15 Amendment of s 56 (Per capita allowances to certain non-State schools) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Education (General Provisions) Amendment (No. 3) No. 399, 1995 16 Amendment of s 57 (Per capita allowances to certain student hostels) . . . 7 17 Amendment of s 58 (Living away from home allowances) . . . . . . . . . . . . . 8 18 Omission of s 58A (Boarding allowance in certain circumstances) . . . . . . 11 19 Amendment of s 59 (False or misleading statements an offence) . . . . . . . 11 20 Replacement of pt 8 (General) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 8—TRANSITIONAL PROVISIONS ABOUT ALLOWANCES 60 Transitional remote area allowance . . . . . . . . . . . . . . . . . . . . . . . . . . 12 61 Transitional boarding allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 62 Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SCHEDULE AREAS FOR SECTION 58(5) PART 1—AREAS PART 2—ENCOMPASSING LINE

s1 3 s4 Education (General Provisions) Amendment No. 399, 1995 (No. 3) ˙ Short title 1. This regulation may be cited as the Education (General Provisions) Amendment Regulation (No. 3) 1995 . ˙ Commencement 2. This regulation commences on 1 January 1996. ˙ Regulation amended 3. This regulation amends the Education(GeneralProvisions)Regulation 1989 . ˙ Amendment of s 3 (Interpretation) 4.(1) Section 3, heading— omit, insert— ‘ Definitions ’. (2) Section 3(1)— insert— ‘ “chief executive (transport)” means the chief executive of the department in which the TransportOperations(PassengerTransport) Act 1994 is administered. “school in receipt of subsidy” see Act, section 72. 1 ’. (3) Section 3(2), as a heading— insert— ‘ Chief executive may issue directions and guidelines ’. (4) Section 3(2), as amended— renumber as section 3A. 1 Section 72 (Provision of scholarships and allowances)

s5 4 s7 Education (General Provisions) Amendment No. 399, 1995 (No. 3) ˙ Amendment of s 13 (Accident register) 5. Section 13(b), ‘in the form approved by the chief executive’— omit, insert— ‘in the approved form’. ˙ Amendment of s 15 (Instruction for overseas students) 6. Section 15(4), ‘in the form approved by the Minister’— omit, insert— ‘in the approved form’. ˙ Insertion of new s 19D 7. After section 19C— insert— ˙ ‘ Controlled place or dry place under Law Council declaration ‘ 19D.(1) In this section— “controlled place” see LocalGovernment(AboriginalLands)Act1978 , section 42. “dry place” see LocalGovernment(AboriginalLands)Act1978 , section 42. “Law Council” see LocalGovernment(AboriginalLands)Act1978 , section 42. “public place” see LocalGovernment(AboriginalLands)Act1978 , section 42. ‘ (2) An authorised officer must not approve an application to take liquor onto premises if— (a) under the LocalGovernment(AboriginalLands)Act1978 , section 58, the Law Council has declared a public place to be a dry place; and (b) the premises are part of the public place.

s 8 5 s 11 Education (General Provisions) Amendment No. 399, 1995 (No. 3) ‘ (3) If the Law Council has declared a public place to be a controlled place, an authorised officer may only approve an application to take liquor onto premises that are part of the public place if the approval (including the conditions of the approval) is consistent with— (a) the directions about the possession or consumption of alcohol included in the declaration of the public place as a controlled place; and (b) any permit under which the possession or consumption of alcohol on the controlled place is authorised.’. ˙ Amendment of s 20 (Limitation on use of State educational institutions for commercial and propaganda purposes) 8. Section 20, after subsection (3)— insert— ‘Maximum penalty—10 penalty units.’. ˙ Amendment of s 32 (Compulsory attendance) 9. Section 32(1), ‘in the form approved by the Minister’— omit, insert— ‘in the approved form’. ˙ Amendment of s 34 (Transfer of student) 10. Section 34(2)(a), ‘in the form approved by the Minister’— omit, insert— ‘in the approved form’. ˙ Amendment of s 49 (Procedures relating to accounts etc. of an association) 11. Section 49(6), ‘in the form approved by the chief executive’—

s 12 6 s 13 Education (General Provisions) Amendment No. 399, 1995 (No. 3) omit, insert— ‘in the approved form’. ˙ Amendment of s 54 (Conduct of school canteens, tuckshops and other amenities by an association) 12.(1) Section 54(2) ‘, Department of Works’— omit. (2) Section 54— insert— ‘ (5) In subsection (2)— “chief executive” means the chief executive of the department that deals with the making of improvements to State school premises.’. ˙ Amendment of s 55 (Textbook and resource allowance) 13.(1) Section 55(2)(b)(i)(B), ‘or provisionally’ to ‘Act’— omit. (2) Section 55(3)(a), ‘$71’— omit, insert— ‘$73’. (3) Section 55(3), ‘$162’— omit, insert— ‘$167’. (4) Section 55(3)(d), ‘$81’— omit, insert— ‘$83’.

s 14 7 s 16 Education (General Provisions) Amendment No. 399, 1995 (No. 3) ˙ Insertion of new s 55A 14. After section 55— insert— ˙ ‘ School uniform allowance ‘ 55A. A parent of a student who attends a school in receipt of subsidy, other than a student for whom only preschool education is being provided, may be paid a school uniform allowance of $50 each year for the student.’. ˙ Amendment of s 56 (Per capita allowances to certain non-State schools) 15. Section 56, ‘within the meaning of section 72 of the Act’— omit. ˙ Amendment of s 57 (Per capita allowances to certain student hostels) 16.(1) Section 57(2), ‘in the form approved by the Minister’— omit, insert— ‘in the approved form’. (2) Section 57(3)(a), ‘$340’— omit, insert— ‘$354’. (3) Section 57(3)(b), ‘$560’— omit, insert— ‘$584’. (4) Section 57(3)(b), ‘$11 200’— omit, insert— ‘$11 680’. (5) Section 57(4)— omit.

s 17 8 s 17 Education (General Provisions) Amendment No. 399, 1995 (No. 3) ˙ Amendment of s 58 (Living away from home allowances) 17.(1) Section 58, ‘chief executive’ to ‘ (Passenger Transport) Act 1994 ’— omit, insert— ‘chief executive (transport)’. (2) Section 58(2), ‘For the purposes of this subsection’— omit, insert— ‘In subsection (3)’. (3) Section 58(2A), (2B) (including appendix) and (4A)— omit. (4) Section 58(3) to (4) and (5) to (7)— renumber as section 58(7) to (9) and (12) to (14). (5) Section 58— insert— ‘ (3) The allowances stated in subsections (4) and (5) may be paid for each year on application to the Minister by a parent of a student who lives in a remote area and boards away from home to attend, other than for only preschool education, a school in receipt of subsidy. ‘ (4) If the student boards at the residential facility of a school other than a State school and the school charges for tuition, the following remote area tuition allowance may be paid to the school— (a) for a primary school— (i) if the charge is not more than $886—the amount of the charge; or (ii) if the charge is more than $886—$886 plus 50c for each dollar charged that is more than $886, to a maximum of $1 774; (b) for a secondary school— (i) if the charge is not more than $1 276—the amount of the charge; or

s 17 9 s 17 Education (General Provisions) Amendment No. 399, 1995 (No. 3) (ii) if the charge is more than $1 276—$1 276 plus 50c for each dollar charged that is more than $1 276, to a maximum of $2 554; (c) for a school that does not distinguish between primary and secondary education for certain students with disabilities and provides only special education for those students— (i) for a student who is less than 13 years at the end of the year for which the allowance is paid— (A) if the charge is not more than $886—the amount of the charge; or (B) if the charge is more than $886—$886 plus 50c for each dollar charged that is more than $886, to a maximum of $1 774; and (ii) for a student who is 13 years or more at the end of the year for which the allowance is paid— (A) if the charge is not more than $1 276—the amount of the charge; or (B) if the charge is more than $1 276—$1 276 plus 50c for each dollar charged that is more than $1 276, to a maximum of $2 554. ‘ (5) If the student has to travel 50 km or more from the student’s home to the place where the student boards, the following remote area travel allowance may be paid to the parent— (a) if the student travels— (i) from area 1 to area 3—$756; (ii) from area 2 to area 3—$252; (iii) within area 3—$84; (b) if the student travels to or within area 1 or area 2 and the most convenient direct route by road is— (i) not more than 150 km and takes— (A) not more than 3 h—$84;

s 17 10 s 17 Education (General Provisions) Amendment No. 399, 1995 (No. 3) (B) more than 3 h but not more than 4 h—$168; (C) more than 4 h—$252; (ii) more than 150 km but not more than 300 km and takes— (A) not more than 4 h—$168; (B) more than 4 h—$252; (iii) more than 300 km—$252. ‘ (6) In subsection (5)— “area 1” see schedule, part 1, division 1. “area 2” see schedule, part 1, division 2. “area 3” see schedule, part 1, division 3.’. (6) Section 58(7), as renumbered, ‘For the purposes of this subsection’— omit, insert— ‘In subsection (8)’. (7) Section 58(8), as renumbered, ‘$1 165’— omit, insert— ‘$1 216’. (8) Section 58(9), as renumbered, ‘For the purposes of this subsection’— omit, insert— ‘In subsection (10)’. (9) Section 58(9), as renumbered, ‘State special school or State special education unit’— omit, insert— ‘school in receipt of subsidy’. (10) Section 58(9)(b)(iii), as renumbered, ‘special school or unit’— omit, insert— ‘school’.

s 18 11 s 19 Education (General Provisions) Amendment No. 399, 1995 (No. 3) (11) Section 58— insert— ‘ (10) A parent of a student who lives in a remote area and boards away from home to attend the nearest school in receipt of subsidy with special education appropriate to the student may, on application to the Minister, be paid, for each year, a remote area disability supplement to a maximum of $5 000. ‘ (11) To be eligible to receive a remote area disability supplement, a parent must give the Minister written evidence that— (a) travel and accommodation costs of educating the student are significantly higher than they would be if the student did not require special education; and (b) the extra costs incurred are not being met by the total assistance otherwise available from both the State and the Commonwealth because of the student’s disability.’. (12) Section 58(12), as renumbered, ‘subsections (2) to (4A)’— omit, insert— ‘subsections (2) to (11)’. (13) Section 58(13), as renumbered, ‘in the form approved by the Minister’— omit, insert— ‘in the approved form’. ˙ Omission of s 58A (Boarding allowance in certain circumstances) 18. Section 58A— omit. ˙ Amendment of s 59 (False or misleading statements an offence) 19. Section 59(2)—

s 20 12 s 20 Education (General Provisions) Amendment No. 399, 1995 (No. 3) omit, insert— ‘Maximum penalty—5 penalty units.’. ˙ Replacement of pt 8 (General) 20. Part 8— omit, insert— ‘ PART 8—TRANSITIONAL PROVISIONS ABOUT ALLOWANCES ˙ ‘ Transitional remote area allowance ‘ 60.(1) This section applies to a parent who was in receipt of a remote area allowance under section 58(4A) immediately before 1 January 1996. ‘ (2) For the period from 1 January 1996 to 31 December 1996, the parent may— (a) apply for an allowance under this section and, if section 61 applies, continue under the agreement mentioned in section 61; or (b) apply for allowances under section 58(4) and (5) and a supplement under section 58(10). ‘ (3) On application by the parent for an allowance under this section, the parent may be paid— (a) if the child is less than 13 years at the end of the year for which the allowance is paid—$778; or (b) if the child is 13 years or more at the end of the year for which the allowance is paid—$970. ˙ ‘ Transitional boarding allowance ‘ 61.(1) This section applies if, immediately before 1 January 1996— (a) an agreement existed under section 58A between the Minister, a parent of a student with a disability who was enrolled to receive special education in a State educational institution and host parents

s 20 13 s 20 Education (General Provisions) Amendment No. 399, 1995 (No. 3) of the student; and (b) the host parents were receiving a boarding allowance. ‘ (2) For the period from 1 January 1996 to 31 December 1996, the student’s parent may— (a) apply for an allowance under section 60 and continue under the agreement; or (b) apply for allowances under section 58(4) and (5) and a supplement under section 58(10). ‘ (3) If the agreement continues, the host parents may be paid a boarding allowance at the following rate— (a) if the agreement provides for boarding for a 7 day week— (i) for a student who is less than 12 years—up to $65.40 for each week; or (ii) for a student who is 12 years or more—up to $80.10 for each week; (b) if the agreement provides for boarding for a 5 day week— (i) for a student who is less than 12 years—up to $46.70 for each week; or (ii) for a student who is 12 years or more—up to $57.20 for each week. ˙ ‘ Expiry of part ‘ 62. This part expires on 31 December 1996.

s 20 14 s 20 Education (General Provisions) Amendment No. 399, 1995 (No. 3) ‘ SCHEDULE ‘ AREAS FOR SECTION 58(5) section 58 ‘ PART 1—AREAS Division 1—area 1 1. Southern area—the area within a line commencing on the western boundary of the State at its intersection with latitude 22° south and bounded thence by that parallel easterly to the boundary of the Shire of Cloncurry, by that boundary and the boundaries of the Shires of Winton and Barcoo generally easterly, southerly, easterly, south easterly and south westerly to longitude 144° east, by that meridian southerly to the boundary of the Shire of Bulloo, by that boundary generally south easterly and southerly to the State boundary and by that boundary westerly, northerly, westerly and northerly to the point of commencement. 2. Northern area—the area that comprises the mainland and all islands above their respective sea shores within the encompassing line described in part 2 and referenced to the Australian Geodetic Datum, and all Australian Islands above their respective sea shores north of the Seabed Jurisdiction Line as described in the Treaty between Australia and the Independent State of Papua New Guinea dated 18 December 1978, including the islands of Anchor Cay, Aubusi Island, Black Rocks, Boigu Island, Bramble Cay, Dauan Island, Deliverance Island, East Cay, Kaumag Island, Kerr Islet, Moimi Island, Pearce Cay, Saibai Island, Turnagain Island and Turu Cay.

s 20 15 s 20 Education (General Provisions) Amendment No. 399, 1995 (No. 3) Division 2—area 2 3. Southern area—the area within a line commencing on the western boundary of the State at its intersection with latitude 22° south and bounded by the State boundary northerly to the boundary of the Shire of Burke, by that boundary and the boundaries of the shires of Cloncurry, McKinlay, Richmond, Winton, Aramac, Jericho, Tambo, Murweh and Booringa generally easterly, southerly, easterly, southerly, easterly, south-easterly, southerly, easterly and southerly to the northern boundary of Balonne Shire at longitude 148° east, by that meridian southerly to the State boundary, by that boundary westerly to the boundary of the Shire of Bulloo, by that boundary generally northerly and north-westerly to longitude 144° east, by that meridian northerly to the boundary of the Shire of Barcoo, by that boundary and the boundaries of the Shires of Winton and Cloncurry generally north-easterly, north-westerly, westerly, northerly and westerly to latitude 22° south and by that parallel westerly to the point of commencement; 4. Northern area—the area within a line commencing at the intersection of latitude 17° south and longitude 145° east and bounded thence by that meridian southerly to the boundary of the Shire of Herberton, by that boundary and the boundaries of the Shires of Dalrymple and Flinders generally southerly, south-westerly and westerly to longitude 144° east, by that meridian northerly to latitude 17° south and by that parallel easterly to the point of commencement. Division 3—area 3 5. The area within a line commencing on the southern boundary of the State at its intersection with longitude 148° east and bounded by that meridian northerly to the northern boundary of the Shire of Balonne, by that boundary and the boundaries of the Shires of Booringa, Murweh, Tambo, Jericho, Aramac, Winton, Richmond, Etheridge and Herberton generally northerly, westerly, northerly, north-westerly, westerly, northerly, easterly, north-easterly and northerly to longitude 145° east, by that meridian northerly to the boundary of the Shire of

s 20 16 s 20 Education (General Provisions) Amendment No. 399, 1995 (No. 3) Cook, by that boundary north-easterly to latitude 16° south, by that parallel easterly to the eastern extremity of the Great Barrier Reef, by the eastern most reefs south-easterly to the southern limit of the outer reef, by a line southerly to Sandy Cape on Fraser Island, by the eastern boundaries of the local government areas of Hervey Bay (City), Maryborough (City), Widgee, Noosa, Maroochy, Landsborough, Caboolture, Redcliffe (City), Brisbane (City), Redland, Albert and Gold Coast (City) generally southerly to the State boundary and by that boundary generally westerly to the point of commencement. ‘ PART 2—ENCOMPASSING LINE Commencing on the Seabed Jurisdiction Line as described in the aforesaid Treaty at latitude 9° 30 minutes south, longitude 144° 15 minutes east and bounded thence by a line southerly to the north-eastern extremity of the Great Barrier Reef, by the eastern most reefs southerly to latitude 16° south, by that parallel westerly to the boundary of the Shire of Cook, by that boundary generally south-westerly to longitude 145° east, by that meridian southerly to latitude 17° south, by that parallel westerly to longitude 144° east, by that meridian southerly to the boundary of the Shire of Flinders, by that boundary and the boundaries of the Shires of Richmond, McKinlay and Cloncurry and the City of Mount Isa generally westerly, northerly and westerly to the State boundary, by that boundary and longitude 138° east, northerly to latitude 14° south, by that parallel easterly to longitude to longitude 141° east, by that meridian northerly to the Seabed Jurisdiction Line, and by that Seabed Jurisdiction Line generally north-easterly and easterly to the point of commencement.’.

17 Education (General Provisions) Amendment (No. 3) No. 399, 1995 ENDNOTES 1. Made by the Governor in Council on 21 December 1995. 2. Notified in the gazette on 22 December 1995. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Education. © State of Queensland 1995