Untitled document

Education and Training Reform Amendment (Age Requirements) Regulations 2009

S.R. No. 6/2009

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Revocation

5Objectives

6Definitions

7New Division 1A of Part 2 inserted

Division 1A—Age requirements

12AApplication of Division

12BMinimum age requirement for Government schools

12CMaximum age requirement for Government schools

12DMaximum age requirement for English language Government schools or centres

12EExemption from minimum age requirement—Government schools

12FExemption from maximum age requirement—Government schools

12GExemption from maximum age requirement—English language Government school or centre

12HPeriod of exemptions

8New regulation 138 inserted

138Savings provision—Education and Training Reform Amendment (Age Requirements) Regulations 2009

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 6/2009

Education and Training Reform Act 2006

Education and Training Reform Amendment (Age Requirements) Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 3 February 2009

Responsible Minister:

BRONWYN PIKE
Minister for Education

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Education and Training Reform Regulations 2007 to provide for the age requirements for enrolment and attendance at Government schools and participation in programs and courses of study at Government schools.

2Authorising provisions

These Regulations are made under sections 5.10.1 and 5.10.2 of, and Schedule 5 to, the Education and Training Reform Act 2006.

3Commencement

These Regulations come into operation on 8 February 2009.

4Revocation

The Education (Prescribed Age) Regulations 1999[1] are revoked.

5Objectives

After regulation (1)(a) of the Education and Training Reform Regulations 2007[2] insert—

"(ab)to provide for the age requirements for enrolment and attendance at Government schools and participation in programs and courses of study at Government schools; and".

6Definitions

(1)Insert the following definitions in regulation 5 of the Education and Training Reform Regulations 2007—

"English language Government school or centre means a Government school that offers students a full-time and intensive English language program for a minimum of 6 months and a maximum of 12 months and includes a part of a Government school that offers such a program;

metropolitan area means—

(a)the metropolitan municipal districts within the meaning of the Public Holidays Act 1993; and

(b)French Island;".

(2)In regulation 5 of the Education and Training Reform Regulations 2007, in the definition of accredited senior secondary course, after "qualification" insert "and any other accredited course pertaining to year 11 or 12".

7New Division 1A of Part 2 inserted

After Division 1 of Part 2 of the Education and Training Reform Regulations 2007 insert—

"Division 1A—Age requirements

12AApplication of Division

This Division does not apply to a technical and further education program, adult community and further education program, vocational education and training program or other program conducted on Government school premises outside normal school hours.

12BMinimum age requirement for Government schools

(1)A child under 6 years of age must not—

(a)be enrolled at any Government school; or

(b)attend a Government school; or

(c)be enrolled in, attend or participate in, any course of study offered, conducted or provided by a Government school; or

(d)continue to be so enrolled or to so attend or participate.

(2)Subregulation (1) does not apply to—

(a)a child who will have attained the age of 5 years by 30 April of the year in which the enrolment, attendance, participation or continuation of enrolment, attendance or participation is sought if the enrolment, attendance, participation or continuation of enrolment, attendance or participation relates to a course of primary education or a course approved by the Minister; or

(b) a child to be enrolled in, or who is attending or participating in, a preschool program conducted on Government school premises.

12CMaximum age requirement for Government schools

(1)A person who is aged 18 years or over on 1 January and under 20 years of age at any time in a particular year must not in that year—

(a)enrol at or attend or be allowed to enrol at or attend a Government school; or

(b)enrol at or attend or participate in, or be allowed to enrol at or attend or participate in, any course of study offered, conducted or provided by a Government school.

(2)Subregulation (1) does not apply if the person—

(a)will turn 18 during the year of enrolment and is enrolled at the Government school solely in an accredited senior secondary course; or

(b)will turn 19 during the year of enrolment and is enrolled at the Government school solely for the purpose of completing an accredited senior secondary course in that year.

(3)A person who is aged 20 years or over at any time in a particular year must not in that year—

(a)enrol at or attend or be allowed to enrol at or attend a Government school; or

(b)enrol at or attend or participate in, or be allowed to enrol at or attend or participate in, any course of study offered, conducted or provided by a Government school.

(4)Subregulation (3) does not apply if—

(a)the person is enrolled at the Government school solely in an accredited senior secondary course; and

(b)the school is situated outside the metropolitan area; and

(c)there is no TAFE institute or other registered education or training organisation (other than another Government school) offering an accredited senior secondary course within a distance from that school that can be travelled within 45 minutes by using—

(i)public transport; or

(ii)an approved transport service that is closest to the person's place of residence; and

(d)there is no TAFE institute or other registered education or training organisation through which the person could reasonably undertake an accredited senior secondary course by correspondence or other method of study.

(5)In this regulation completing in relation to an accredited senior secondary course, means undertaking a sufficient number of units or courses of study which, if satisfactorily completed, will result in a person completing the course.

12DMaximum age requirement for English language Government schools or centres

(1)A person who is aged 18 years or over on 1 January in a particular year must not in that year—

(a)enrol at or attend or be allowed to enrol at or attend an English language Government school or centre; or

(b)enrol at or attend or participate in, or be allowed to enrol at or attend or participate in, any intensive English language program offered, conducted or provided by an English language Government school or centre.

(2)Despite subregulation (1), a person enrolled at or attending an English language Government school or centre or a person enrolled in, attending or participating in, an intensive English language program offered, conducted or provided by such a school or centre, is entitled to continue to be so enrolled or to so attend or participate in the year in which he or she attains 18 years of age and in the following year solely for the purpose of completing the program.

12EExemption from minimum age requirement—Government schools

(1)Subject to subregulation (2), the Minister may exempt a person from the requirement of regulation 12B.

(2)The Minister must not exempt a person under subregulation (1) unless the Minister is satisfied that—

(a)the person requires extra support or assistance or possesses suitable academic ability; and

(b)the Minister considers it is in the person's best interests—

(i)to be enrolled at or to attend a Government school; or

(ii)to be enrolled in, attend or participate in, any course of study offered, conducted or provided by a Government school; or

(iii)to continue to be so enrolled or to so attend or participate.

12FExemption from maximum age requirement—Government schools

(1)Subject to subregulation (2), the Minister may exempt a person from the requirement of regulation 12C.

(2)The Minister must not exempt a person under subregulation (1) unless the Minister is satisfied of one or more of the following—

(a)the person, due to circumstances of a temporary nature beyond that person's control or lack of educational facilities, has been unable to complete year 10 in time to satisfy the age requirement in regulation 12C and will be under 20 years of age on 31 December in the year of completing year 10 if the exemption is granted;

(b)the exemption will enable the person to participate in a specific course or program approved by the Minister;

(c)it would be unreasonable in the particular circumstances not to grant the exemption. 

12GExemption from maximum age requirement—English language Government school or centre

(1)Subject to subregulation (2), the Minister may exempt a person from the requirement of regulation 12D(1).

(2)The Minister must not exempt a person under subregulation (1) unless the Minister considers it is in the person's best interests to—

(a)be enrolled at or to attend an English language Government school or centre; or

(b)be enrolled in, attend or participate in an intensive English language program offered, conducted or provided by an English language Government school or centre.

12HPeriod of exemptions

An exemption under this Division may be granted for the period that the Minister determines.".

8New regulation 138 inserted

After regulation 137 of the Education and Training Reform Regulations 2007 insert—

"138   Savings provision—Education and Training Reform Amendment (Age Requirements) Regulations 2009

Nothing in Division 1A of Part 2 affects a decision made by the principal of a Government school under section 2.2.18 of the Act before the commencement of the Education and Training Reform Amendment (Age Requirements) Regulations 2009.".

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ENDNOTES

[1] Reg. 4: S.R. No. 7/1999.

[2] Reg. 5: S.R. No. 61/2007.