Education Act 1990 (NSW)

Education Act 1990 No 8

An Act to amend the law relating to the education of school children; to repeal the Education and Public Instruction Act 1987; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Education Act 1990.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation. (2) Different days may be appointed for the commencement of section 133 for the purpose of repealing different provisions of an Act or regulation on different days.

3 Definitions (1) In this Act— attend a school—a child attends a school if, and only if, the child attends the school at all times while the school is open for the child's instruction or participation in school activities. authorised person, in relation to a provision of this Act, means a person who is authorised in writing by the Minister (or the Minister's delegate under section 119) for the purposes of that provision. Authority means the NSW Education Standards Authority constituted under the Education Standards Authority Act 2013. compulsory school-age—see section 21B. compulsory schooling—see section 22 (3). compulsory schooling order—see section 22D. corporal punishment of a student means the application of physical force in order to punish or correct the student, but does not include the application of force only to prevent personal injury to, or damage to or the destruction of property of, any person (including the student). Department means the Department of Education. distance education means a form of education in which students and teachers are not regularly in the presence of each other but communicate with each other in writing, by print or by electronic or like means. government school means a school established under this Act by the Minister. home schooling means schooling in the child's home, other than distance education provided by a government or registered non-government school in which the child is enrolled. inspector means an inspector within the meaning of the Education Standards Authority Act 2013. non-government school means a registered non-government school. overseas student means a student who holds a visa under the Migration Act 1958 of the Commonwealth that enables the student to study in New South Wales, but does not include the holder of a permanent visa or special category visa within the meaning of that Act. parent includes a guardian or other person having the custody or care of a child. principal includes an acting principal of a school. proprietor, in relation to a registered non-government school, means the legal entity designated, in the school's certificate of registration, as the proprietor of the school. recognised certificate means a Record of School Achievement or Higher School Certificate granted under Part 8. registered non-government school means a school, other than a government school, for the time being registered under Part 7. relevant institution means a government department or other public authority (whether Commonwealth, State or Territory), and also includes a government school or registered non-government school, any registered vocational training organisation and any non-government organisation that is in receipt of government funding. responsible person for a school means— (a) the proprietor of the school and, if the proprietor is a corporation, each director or person concerned in the management of the school, or (b) a member of the governing body of the school, or (c) the principal of the school. rules of the Authority means rules made by the Authority under section 25 of the Education Standards Authority Act 2013.