School Education Amendment Regulations 2020 (WA)

17 March 2020 GOVERNMENT GAZETTE, WA 623

EDUCATION

ED301

School Education Act 1999

School Education Amendment Regulations 2020

SL 2020/15

Made by the Governor in Executive Council.

1.       Citation

These regulations are the School Education Amendment
Regulations 2020.

2.     Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2— on the day on which these
regulations are published in the Gazette (gazettal day);
(b)	regulation 4— on the day after the period of one month

beginning on gazettal day;

(c) the rest of the regulations — on the day after gazettal

day.

(b) in their pre-compulsory education period;

3.      Regulations amended

These regulations amend the School Education
Regulations 2000.

4.      Regulation 129 replaced

Delete regulation 129 and insert:

129.    Significant registration changes (Acts. 156)

(1)	In this regulation
non-compulsory education means education provided
to children —

(a) in the final year of their early education period;

or

624 GOVERNMENT GAZETTE, WA 17 March 2020

primary education means education provided to	children in any of the lS to 7th	years of their
compulsory education period;

secondary education means education provided to	children in any of the 8th to1P years of their
compulsory education period.

(2) For the purposes of paragraph (b) of the definition of
school planning proposal in section 156, a proposal to
make any of the following registration changes to a
registered school is a significant registration change -

(a)	to relocate the school or a campus of the school;
(b)	to open an additional campus of the school;
(c)	than one additional year levels, of education

to provide an additional year level, or more school providing -

(i)

non-compulsory education if the school education; or

(ii)

primary education if the school education; or

(iii)

secondary education if the school education.

5. Regulation 130 replaced
Delete regulation 130 and insert:

130.	Consultation procedures prescribed (Act s. 157C(2)(d))
(1)	In this regulation -
planning proposal and school system have the meanings given to those terms in section 150; advisory panel means an advisory panel under section 241 established for the purpose of advising the advance determination, non-system school, school advance determinations about school planning proposals.
(2)	If consultation about a school planning proposal is required under a policy direction issued under section 157C, then the procedures set out in subregulations (3) to (6) are prescribed for the purposes of section 1 57C(2)(d).

17 March 2020 GOVERNMENT GAZETTE, WA 625

(3) On receipt of an application for an advance
determination about a school planning proposal on
which consultation is required, the Minister or, if the
application is referred to an advisory panel by the
Minister, the advisory panel is to consult with, and take
into account the views of, the following -

(a)	the chief executive officer referred to in section 229;
(b)	the governing body of each school system;
(c)	the governing body of each non-system school that, in the opinion of the Minister or advisory panel, could be adversely affected by the
implementation of the school planning proposal;
(d)	the governing body of each proposed non-system school -

(i)     in respect of which there is an advance determination in force; and

(ii)     that, in the opinion of the Minister or advisory panel, could be adversely affected by the implementation of the school planning proposal.

(4) For the purposes of subregulation (3), the Minister or
advisory panel must invite -

(a)	each person and body referred to in subregulation (3) to submit to the Minister or advisory panel an objection to the school planning proposal; and
(b)	the applicant to submit to the Minister or advisory panel a response to any objection submitted under paragraph (a).

(5)	A person or body submitting an objection or response
must -

(a)	submit the objection or response in writing in a form approved by the Minister; and
(b)	include in the objection or response the information required by the Minister or advisory panel; and
(c)	submit the objection or response within -

(i)     14 days after the day on which the invitation is made; or

(ii)     a longer period approved by the Minister or advisory panel.

(6) After receiving an objection or response from a person
or body, the Minister or advisory panel may accept
additional information or submissions from the person

626 GOVERNMENT GAZETTE, WA 17 March 2020

or body, orally or in writing, as the Minister or

advisory panel considers appropriate.

130A. Transitional provision for School Education

Amendment Regulations 2020

(1)	In this regulation -
advance determination has the meaning given in section 150; commencement day means the day on which the School Education Amendment Regulations 2020 regulation 5 comes into operation.
(2)	These regulations apply in respect of an application for an advance determination received by the Minister before the commencement day as if regulation 130 had not been replaced by the School Education Amendment Regulations 2020 regulation 5.

N. HAGLEY, Clerk of the Executive Council.