Education Regulation 2017 (2017-438) (NSW)

Education Regulation 2017

Part 1 Preliminary

1 Name of Regulation This Regulation is the Education Regulation 2017.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

Note— This Regulation repeals and replaces the Education Regulation 2012, which would otherwise be repealed on 1 September 2017 by section 10(2) of the Subordinate Legislation Act 1989.

3 Definition (1) In this Regulation— the Act means the Education Act 1990.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

Part 2 Compulsory school-age

4 Completion of Year 10 (1) For the purposes of section 21B of the Act, a child has completed Year 10 of secondary education in this State (as referred to in section 21B(5)(a)) if— (a) the child has been awarded, or has received, a relevant certificate, or (b) the child has satisfied the relevant participation requirements for Year 10 or Year 10 of home schooling. (2) For the purposes of this clause, a relevant certificate means— (a) a Record of School Achievement or Higher School Certificate granted under Part 8 of the Act, or (b) a transcript of study issued under section 98 of the Act, or (c) a certificate from the proprietor of a non-accredited school confirming that the child has satisfied the relevant participation requirements for Year 10, or (d) in the case of a child who is registered for home schooling—a certificate from an authorised person (within the meaning of section 70 of the Act) confirming that the child has satisfied the relevant participation requirements for Year 10 of home schooling. (3) For the purposes of this clause, a child has satisfied the relevant participation requirements for Year 10 if— (a) the child's attendance at school until the final day of Year 10 is satisfactory in the opinion of the relevant authority, and (b) the child has— (i) in the case of a child attending a non-accredited school—received instruction in courses of study that meet the curriculum requirements for secondary school children during Year 7 to Year 10 and has completed the courses of study for Year 10, and (ii) in any other case—participated in courses of study which have been determined under the Act as appropriate to be undertaken by candidates for the Record of School Achievement, and (c) the child has applied himself or herself with diligence and sustained effort in the opinion of the principal of the school. (4) For the purposes of this clause, a child has satisfied the relevant participation requirements for Year 10 of home schooling if— (a) the child is, or was, registered for home schooling subject to the condition that he or she receive instruction in courses of study that meet the curriculum requirements for secondary school children during Year 7 to Year 10, and (b) the child has completed the courses of study for Year 10. (5) In this clause— non-accredited school means a registered non-government school that is not accredited to present candidates for the Record of School Achievement. relevant authority means— (a) in the case of a child attending a government school—the Secretary, and (b) in the case of a child attending a non-government school that is a member of a system of non-government schools—the approved authority appointed under section 40 of the Act, and (c) in the case of a child attending any other non-government school—the proprietor of the school.