++ AUDAX : AT: FIDELIS + Queensland Education (General Provisions) Bill 2006 Queensland Education (General Provisions) Bill 2006 Contents Page Chapter 1 Preliminary Part 1 Introduction 1 Shorttitle 2.0... eee 24 2 Commencement. ... 0.0... 500 cece eee eee 24 Part 2 Application 3 Act binds all persons ........... 0.6.0 e cee eee eee eee 24 4 Interaction with other legislation....................0..... 24 Part 3 Objects 5 Objects of Act..... 0.0.00 eee eee eee 25 6 Activities to achieve objects of chs 10 and 11............... 26 Part 4 Guiding principles for achieving Act's objects 7 Guiding principles... 2.2.0.2... eee 27 Part 5 Interpretation 8 Definitions... 0.0.0.0... eee ee 28 9 Meaning of compulsory school age...............2.2-.00. 28 10 Meaning of parent ............. 000... cee eee eee 29 11 Meaning of basic allocation, remaining allocation etc.......... 29 Chapter 2 State educational institutions Part 1 State education 12 Provision of State education.................0 0... c ee eee 30 Part 2 Establishment and naming of State educational institutions 13 Power to establish State schools ..............00...00 00 ee 31 14 Power to establish institutions that provide educational instruction to persons enrolled at State schools.............. 31 15 Power to establish other educational institutions ............. 31 16 Naming, and changing of name, of a State educational institution 31 Education (General Provisions) Bill 2006 Part 3 Amalgamation or closure of State schools 17 Definition for pt3 2.2.0.0... eee 18 Notice of proposed closure or amalgamation................ 19 Consultation ..... 0.0... ee eee ee 20 Time to elapse before closure or amalgamation ............. Part 4 Bases for education provided, and testing, at State instructional institutions 21 Curriculum framework for State instructional institutions ....... 22 Development and revision of 1-12 syllabuses and preschool guidelines ws eee eee 23 Implementation of syllabus, course or preschool guideline at State instructional institutions. ....................000000. 24 Direction by Minister about tests ..................0...... Part 5 Provisions relating to mature age students Division 1 Preliminary 25 Definitions for pt5........ 00.0.0 eee eee ee 26 This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986............0 0... c eee cece eee ee Division 2 Obligation relating to mature age student notices 27 Obligation of mature age State school's principal ............ Division 3 Issue of mature age student notices 28 Application for mature age student notice .................. 29 Decision on application ......... 2... 6c eee eee 30 Chief executive to invite submissions from person about criminal history eee eee 31 Currency of positive notice............ 0.0 eee eee Division 4 Provisions about criminal history 32 Criminal history check etc............ 0002. e cee eee eee 33 Notice of change in criminal history................2...... 34 Disclosure of change in criminal history.................... 35 Requirements for disclosure.............. 0000 cece eee eee 36 Use of criminal history information.................00.000. 37 Confidentiality of information about criminal history........... Division 5 Cancellation and replacement of positive notices 38 Wrong, incomplete or new information..................... Division 6 Review of decisions 39 Definition for div6.........0 0.0... eee 40 Who may apply for review ........... 0.000. c eee eee eee Division 7 Part 6 Chapter 3Chapter 4 Part 1Part 264 Part 366 Education (General Provisions) Bill 2006 Applying for review... 0.2.00... cece cee Review decision ........ 00.00. c cece eee eee eee General provisions False or misleading information or documents............... Time limit on new application for mature age student notice .... Miscellaneous provisions Inspection of State educational institution's premises ......... Investigation of complaint................ 0.00. c ee eee eee Use of State educational institution's premises .............. Cost of providing State education Definitions for ch 3...... 0... eee Meaning of remote area... 1.2... eee eee State education to be free .... 0.0.0... eee eee Power to charge particular persons or for particular educational SEPVICCS ee teens Fee for distance education provided by a State school ........ When fee for distance education is not payable.............. Waiver of fee for distance education ...................00. Charging for specialised educational program............... Voluntary financial contribution...................02-00 eee Allocation of State education Preliminary Definition forch 4.1.2.2... eee ee Application of chapter to student under 16 years............. Allocation of semesters for each student................... Basic allocation and remaining allocation Basic allocation .......... 0... c cece Remaining allocation ........... 0.0.0.0... 0... c eee eee Principal must consider remaining allocation for certain Students eee Notice to certain students about remaining allocation ......... Information to be given to repeating student ................ Extra semesters may be granted by principals Application for extra semesters if no remaining allocation. ..... Principal must consider and decide application for extra semesters wees Limitation on extra semesters granted by principals .......... 45 47 4848505355 5556 5961 Part 469 Part 571 Part 6Chapter 5Chapter 6 Part 1Part 2Part 3Part 4Education (General Provisions) Bill 2006 Submissions against principal's decision Submissions against principal's decision................... Dealing with submissions against principal's decision......... Further semesters may be granted by chief executive Definition for pt5 2.2.2.0... 0. Application for further semesters if no remaining allocation and after extra semesters... 0... eee Chief executive must consider and decide application for furthersemesters we eee Chief executive to give notice to principal if further semesters granted ee eee eee eee Limitation on further semesters granted by chief executive .... . Copy of notice to be given to parent Copy of notice under this chapter to be given to parent........ Instruction in a religious or other belief Definitions forch5 2... 0... eee Giving instruction in a religious or other belief............... Approval of entity... 2... eee eee eee When notice under s 77(4), (5) or (6) may not be given by parent When instruction to be given ................0.0...00000. School councils Preliminary Definitions for ch 6... 0... eee Object of chapter Establishment, name, functions and other matters Establishment...........0. 0.0.00. 00 000. c eee eee eee Functions ... 0.2... eee tee tenes School councils do not have certain powers ................ Membership Membership of a school council..................-02-0 00s Coopted student member. .............00 0.00 cee eee eee Alternative association member................0....0000. Chairperson ...... 0... 06. 62 65 66677071 72727395 97 Part 599Part 6102104106Part 7109111 Part 8113115 Part 9117 Part 10119121 Education (General Provisions) Bill 2006 Term of office for elected member or appointed member....... Casual vacancy in office of elected member or appointed member iw eee Vacation of office 0... eee ee Disqualification from membership ...............--.2-00-5 Constitution Constitution for school council ...............00 020 eee eee Amendment of school council's constitution................. Model constitutions for school councils .................00- Council business Conduct of business... 1.2.0.0... 0.00. eee eee eee Time and place of meetingS............ 0.00.00 eee QUOFUM 2. eee eee Presiding at meetings.................0.0.0 000000000002 Conduct of meetings .........0. 0.0.02 e eee eee eee Attendance by proxy.............. 0.00.02. c eee eee eee Disclosure of interest ......... 0.000... cece cece eee Application of other laws Criminal Law (Rehabilitation of Offenders) Act 1986.......... Public Records Act 2002 .............. 0.0.0.2. cece ee eee Freedom of Information Act 1992............... 000 e ee eee Public Sector Ethics Act 1994 .......... 0.0.0... ee eee eee Starting up Purpose and application...............0...0 000.000.0000. Initial constitution ©... 2.6... ee eee Initial membership ............... 00.00.0000. 000000008, First elected members and appointed members ............. Dissolution Dissolution of a school council. ................0 02s eee ee Miscellaneous School council not to establish committee or subcommittee .... Expense of attending meetings ................-.0--00005 Minister's power to give directions in the public interest........ Protection from liability..... 0.0.0.0... 0... c eee eee eee 75787980818283 8486 86 8788 Chapter 7 Part 1123125Part 2128 Part 3130Part 4133 Part 5Part 6Part 7137 139 Part 8141Part 9144146Education (General Provisions) Bill 2006 Parents and citizens associations Formation, objectives etc. of an association Formation of parents and citizens association............... Formation of interim parents and citizens association......... Objectives of an association................... 00. eee Functions of an association ................0 00. eee e eee ee Dissolution of an association .............. 00... cece eee Officers of an association Officers... cette ene Vacation of office... 2... eee eee eee Executive committee of an association Executive committee .......... 0... e eee eee eee Restriction on who may be a member of executive committee . . Urgent matters... 2.0... ce tee Business of an association Subcommittees of an association Subcommittees. ........ 2.0... eee eee Constitution of an association Constitution 0... 0... eee eee Financial provisions Use of money received by association..................... Association is statutory body under the Statutory Bodies Financial Arrangements Act 1982 ................0-0 ee eee Financial year........ 0.0.0.0. 0c eee Audit of accounts ... 0.2.2.0... 0c cee eee Relevant agreements Definition for pt8 ...... 0.0... ee eee Power to enter into relevant agreements ................... President to sign relevant agreement for an association ....... General provisions Regulation may provide for membership ................... Register of members ........... 0.000 cee eee eee eee eee Protection from liability........... 0.0.0... c eee eee eee eee Association may employ.............2.0....000 00s eee Mandatory insurance cover ...........0.0.0 000 cece eee eee 898991 9394 96979898149 Part 10Chapter 8 Part 1 Division 1Division 2 162164166Division 3169171 Part 2Part 3174 Education (General Provisions) Bill 2006 ProceedingS........... 20.0.0. cee eee Notice of claim given under Personal Injuries Proceedings Act 2002,S59(1) 1... eee eee Authority of an association........... 0.0.00. c eee eee eee Disclosure of interests by members of an association......... Honorary life membership of an association ................ Removal of members and officers of an association Definitions for pt 10............ 0.002 cece eee eee Removal of nominated person .............-.0 cee eee eee Grounds for removal... . 0.0.2.0... cece eee eee Procedure for removal of nominated person ................ Submissions against removal. ............. 0000.00 eee eee Dealing with submissions against removal.................. Enrolment at State schools Applications for enrolment Requirements for enrolment Application .......... 0.00.02 Enrolment... 0.2.0... 00.0 c cece eee tee Applications relating to prospective students who are a risk to the safety or wellbeing of certain persons Application of div2....... 0.0... cc eects Not a risk to safety or wellbeing...................000000- Risk to safety or wellbeing ............... 00. e eee eee eee Representations about show cause notice.................. Ending show cause process without further action ........... Refusal of enrolment ............ 0.0000. c eee eee eee eee Time limit on making another application for enrolment........ Enrolment at special schools Application of div3......... 0... eee eee Meaning of person with a disability ....................0.. Requirements for enrolment satisfied...................... Requirements for enrolment not satisfied................... Enrolment agreements Requirements relating to enrolment agreements............. Enrolment management plans Definitions for pt 3........0.. 0... eee eee Preparation of enrolment management plan ................ 100103103106 107 108109109110112 114 Part 4Chapter 9 Part 1 Division 1Division 2 185 Part 2187 Part 3 Division 1Division 2Division 3191193195Division 4198 Education (General Provisions) Bill 2006 Applicant for enrolment—residing in catchment area.......... Applicant for enrolment—residing outside catchment area ..... Enrolment eligibility plans Definitions for pt 4. Preparation of enrolment eligibility plan.................... Application for enro! Iment .. 2.2... eee eee Compulsory schooling Compulsory schooling requirement Parents' obligations Obligation of each parent..............0 0... e eee eee eee What is attendance Notice to, and meeting with, parent ....................... Limits on proceedings against a parent.................... Chief executive may obtain information from non-State schools Notice to principal of non-State school..................... Protection from liability........... 0.0.2 cee eee eee eee Flexible arrangements Flexible arrangements—non-State school................-. Flexible arrangements—State school.................00005 Exemption from compliance with compulsory schooling requirement Preliminary Definition for pt3 . Bases for granting an exemption Attendance is impossible or should not be required........... Application process Application for exemption. .......... 0.00.0 e eee eee eee Lapsing of application............ 00... cece eee Temporary exemption until application is decided ............ Decision........ Contents of exemption .........0... 0.000 e cece Imposition of conditions ........... 0.0... eee ee Lesser period of exemption than that applied for............. Cancellation of exemption Grounds for cancellation............. 0... cece eee eee Show cause notice 115 116118119 120 123 125125126127 Education (General Provisions) Bill 2006 199 Representations about show cause notice.................. 127 200 Ending show cause process without further action ........... 128 201 Cancellation ......... 0.0... 128 Part 4 Other circumstances in which compulsory schooling requirement does not apply 202 Activities under Commonwealth law.............02....005. 129 203 Home education... 1.2.0... 6... cece ee 129 204 Child's exclusion or suspension ................0202-000ee 129 205 Child's illness 1... 0... eee eee 130 206 Infectious or contagious disease or condition................ 131 207 Application for enrolment pending .....................05. 131 208 Apprentice or trainee under the VETE Act.................. 131 Part 5 Home education Division 1 Preliminary 209 Definitions for pt5........00 0... eee 131 210 Who is eligible for provisional registration or registration. ...... 132 Division 2 Applications for provisional registration 211 Provisional registration... 2.2... 2.200. e eee eee eee eee 132 Division 3 Applications for registration 212 Procedural requirements for application................0.-. 133 213 Withdrawal of application ..............0... 00. e eee eee 134 214 Chief executive must ensure compliance with procedural requirements ee ete 134 215 Chief executive may require further information or documents... 134 216 Child taken to be provisionally registered while application decided wets 135 217 Decision... 2.6... tet tee 136 218 Steps to be taken after application decided................. 136 219 Failure to decide application..............0-. 0. eee eee eee 136 220 Minimum details to be recorded on certificate of registration... . 137 Division 4 Conditions of registration 221 Standard conditions .............0 0.0... cee eee eee eee 137 222 Imposition of conditions ........... 0.0... eee eee ee 138 223 Changing conditions. ..........0.... 0.0 cece eee eee 138 224 Replacing certificate of registration ..................0000. 139 Division 5 Cancellation of registration 225 Grounds for cancellation..........0..... 000 eee eee 139 226 Show cause notice... 62... kee 139 Education (General Provisions) Bill 2006 227 Representations about show cause notice.................. 140 228 Ending show cause process without further action ........... 140 229 Cancellation ......... 0.0... 140 230 Return of cancelled certificate of registration to chief executive.. 141 Division 6 Surrender of provisional registration or registration 231 Surrender... 2... eee 141 232 Obligation to surrender. ........0.. 0... cee cece ee eee 142 Division 7 Miscellaneous 233 Simultaneous enrolment at State school or non-State school prohibited = ws eee 142 Part 6 Employment of children 234 Employment of child who is of compulsory school age ........ 143 Chapter 10 Compulsory participation in education or training Part 1 Key terms 235 Compulsory participation phase.................2....0 08. 144 236 Eligible options and providers. .............-.00 cee eee 145 Part 2 Participation in a program or course 237 Application of pt2... 0.0.0... cee ee eee 145 238 What is participation. .... 2... 0... eee eee 145 239 Full-time participation... 2.2.6.6... eee eee 146 240 Allowed absence ........ 00... cee eee cette tees 146 241 Suspension or exclusion. ..........0... 000 eee eee eee 147 Part 3 Participation in an apprenticeship or traineeship 242 Participation in an apprenticeship or traineeship ............. 147 Part 4 Parents' obligation 243 Obligation to ensure participation................0.....00. 148 244 Exceptions to obligation ..... 0.2.0.2... 0c cece eee eee eee 148 245 Notice to, and meeting with, parent ....................... 149 246 Limits on proceedings against a parent.................... 150 Part 5 Exemptions from compliance with compulsory participation requirements Division 1 Bases for granting an exemption 247 Explanation. ... 2.0... 0.0 c eect ete 151 248 Participation is impossible or should not be required.......... 151 Division 2 Application process 249 Application for exemption. ... 0.0.2.0... 000... c cee eee eee 152 250 Lapsing of application........... 0.00.0... cece eee eee 152 Education (General Provisions) Bill 2006 251 Temporary exemption until application is decided ............ 153 252 Decision... 2.6... ee tte 153 253 Contents of exemption .........0... 0.000 e eee eee eee 154 254 Imposition of conditions ........... 0.0... eee eee ee 154 255 Lesser period of exemption than that applied for............. 154 Chapter 11 Student accounts Part 1 Preliminary 256 Explanation and purposes ............. 0.0. eee e eee eee 155 Part 2 Opening student accounts for young persons of compulsory school age 257 When an account must be opened. ...............20-0000- 155 258 Who must open an account ............ 0. cee eee eee 155 259 How an account is opened... ..... 2.6... cee eee eee 156 260 Young person's telephone number...............-.0+000ee 156 Part 3 Student account phase 261 The student account phase .............. 00 cece eee eee 157 262 Obligation to notify enrolment. ............0.....000220002 157 263 Obligation to open an account ..................0 0020s eee 158 264 Young person's telephone number...............-.0+000ee 158 265 Obligation to notify other matters...............0.....005. 158 266 Chief executive of VETE department may give notice on behalf of certain providers... 1.2.2.0... 00... c cc eee eee 159 Part 4 Use and disclosure of information 267 Use and disclosure by the QSA............0.....0 eee eee 159 268 Disclosure by chief executive to appropriate entities .......... 161 Part 5 Involvement of certain non-State school entities 269 Entities to which this part applies.................0-.0000. 162 270 Consultation about planning. ................... eee eee eee 162 271 Consultation about proposed regulations................... 162 272 Aggregated information .............. 000 c cece eee eee 162 Part 6 Miscellaneous 273 Student visa holder. ... 2.0.2.0... cece eee eee 162 274 Closing of account ........... 000... cece eee 163 275 Transitional... 2... 6. teens 163 276 Confidentiality... 2.0... 0.0... eee eee 163 277 Delegation by chief executive..............0.... 0c eee eee 164 Chapter 12 Part 1Part 2280282284286 Part 3Part 4 Division 1289291Division 2294296 298300 Division 3302Education (General Provisions) Bill 2006 Good order and management of State educational institutions and non-State schools Preliminary Definition forch12.......... 0... eee eee Behaviour plans for State schools Definition for pt2 2.0.2... eee Requirement for approved behaviour plan for a State school . . . Principal is responsible for developing behaviour plan......... Implementation of plan..... 0.0.2... eee eee Review of plan... 0.2... eee eee eee Plan to be available for inspection .................-.0004. Copies of plan to be given to parents and students........... Copy of plan to be given to applicant for enrolment........... Detention of students enrolled at State schools Detention .... 0.0... feces Suspension, exclusion and cancellation of enrolment of, and behaviour improvement conditions for, State school students Suspension of students Grounds for suspension of student.................00..00. Suspension of student .......... 0.00... cee eee eee Continuing education during suspension................... Submissions against suspensions for more than 5 school days . Dealing with submissions against suspensions .............. Exclusion of students by principals' supervisors Grounds for exclusion of student by principal's supervisor. ..... Suspension pending dealing with recommendation for exclusion Continuing education during suspension................... Submissions against suspension and recommendation for EXCIUSION we tees Exclusion of student by principal's supervisor ............... Decision not to exclude student..................-.00000- Meeting with excluded student's parent.................... Effect of exclusion on enrolment ..............2....000 00s Exclusion of students by chief executive Chief executive's power to exclude student ................. Grounds for exclusion of student by chief executive........... Grounds for exclusion of mature age student by chief executive . 166167167168 169171172175177178Education (General Provisions) Bill 2006 304 Suspension pending final decision about exclusion........... 179 305 Submissions against proposed exclusion................... 180 306 Exclusion of student by chief executive ................000. 181 307 Effect of exclusion on enrolment ..............2....000 00s 182 308 Continuing education of certain excluded student............ 182 Division 4 Exclusion of prospective students by chief executive 309 Application of div4.......... 0.00. c cee ee eee 182 310 Risk to safety or wellbeing .................. 00. e eee 183 311 Representations about show cause notice.................. 183 312 Ending show cause process without further action ........... 184 313 EXCIUSION ... 2... ttt 184 314 Continuing education of certain excluded student............ 185 Division 5 Review of particular exclusion decisions 315 Application of div5.. 0.0.2... 0... eee eee 185 316 Submission against exclusion decision .................... 186 317 Dealing with submissions against exclusions................ 186 Division 6 Periodic review of certain decisions to exclude permanently 318 Periodic review of decision to exclude permanently on ground mentioned in s 293 or 302—person under 17 years .......... 188 319 Periodic review of decision to exclude permanently on ground mentioned in s 293 or 302—person aged from 17 to 24 years .. 190 Division 7 Cancellation of enrolment of students above compulsory school age 320 Ground for cancelling enrolment of student more than compulsory school age. ........-- 2. c eee eee eee eee 192 321 Show cause notice... 6... 6. eee 192 322 Representations about show cause notice.................. 193 323 Ending show cause process without further action ........... 193 324 Cancellation of student's enrolment..............0.....00 193 325 Submission against cancellation of enrolment............... 194 326 Dealing with submission against cancellation of enrolment... . . 195 Division 8 Behaviour improvement conditions 327 Definitions for div 8............ 0.0 e eee 195 328 Imposition of behaviour improvement condition by principal .. . . 196 329 Review of decision about imposition of behaviour improvement CONdIION ett 197 330 Removal of behaviour improvement condition ............... 198 331 Change of behaviour improvement condition................ 198 Division 9333 335 Part 5 338 Part 6 Division 1Division 2Division 3 342 Division 4 Division 5 Division 6 346 Part 7 Division 1Division 2Education (General Provisions) Bill 2006 Other provisions Definitions for div9. 1.2.0.2... 0... eee eee No entitlement to enrolment at another State school during suspension wk eee Copy of notices under this part to be given to parent.......... Submissions, representations or applications about suspensions CS) When decisions take effect...............0 0.0 e eee eee ee Wilful disturbance and trespass at State educational institutions Wilful disturbance. ... 0.0.0.0... cee eee TreSPASS. 0. eee Directions and orders about conduct or movement at, or entry to, premises of State instructional institutions Preliminary Definitions for pt6........0. 0.0... eee ee eee Powers relating to name and address Person may be required to state name and address .......... Directions about conduct or movement at premises of State instructional institutions Direction about conduct or movement..................... Review of direction under s 341............ 0.000022 ee eee Directions to leave and not re-enter premises of State instructional institutions for 24 hours Direction to leave and not re-enter....................000. Prohibition from entering premises of State instructional institutions for up to 60 days Prohibition from entering premises................2--00005 Prohibition from entering premises of State instructional institutions for more than 60 days, but not more than 1 year Prohibition from entering premises................2--00005 Appeal to District Court ........ 0.0... cee eee eee Directions and orders about conduct or movement at, or entry to, premises of non-State schools Preliminary Definitions for pt 7......... 00.0.0. Powers relating to name and address Person may be required to state name and address .......... 200 202 204 208 Division 3 350Division 4 Division 5 Division 6 355 Part 8 Part 9360362 Part 10365367 Part 11369 Education (General Provisions) Bill 2006 Directions about conduct or movement at premises of non-State schools Review body... 1... 00.2.0... cee eee Direction about conduct or movement..................... Review of direction under s 350................000 200s Directions to leave and not re-enter premises of non-State schools for 24 hours Direction to leave and not re-enter....................00.0. Prohibition from entering premises of non-State schools for up to 60 days Prohibition from entering premises................2--00005 Prohibition from entering premises of non-State schools for more than 60 days, but not more than 1 year Prohibition from entering premises................2--00005 Appeal to District Court ........ 0.0... cee eee eee Prohibition from entering premises of all State instructional institutions and non-State schools for up to 1 year Prohibition from entering premises of all State instructional institutions and non-State schools .................0002005 Prohibition from entering premises of all State instructional InstitutionS eee Appeal to District Court ........ 0.0... cee eee eee Provisions relating to parts 6 to 8 Non-application of pts 6 and 7 to particular persons .......... Notification of application or direction...................00- Noncompliance with court order.................2.0..000. Annual report of department to include report on various matters Non-State school's governing body to give particular information to Minister ww... eee Dress code Development of dress code ............. 00. e eee eee eee Guidelines for dress code. ... 2.0... . 2 eee eee eee Noncompliance with dress code.................0.0.0000. Dress code to be available for inspection................... Reporting of sexual abuse Definition for pt 11 ...... 2... eee eee Obligation to report sexual abuse of student under 18 years attending State school .............. 0.0 cece eee eee Obligation to report sexual abuse of student under 18 years attending non-State school.............02.. 0.000 eee eee 210215 216 216217 219221 Chapter 13 Part 1Part 2373 Part 3375377 Part 4379381383385 Part 5Chapter 14 Part 1388Part 2391Part 3Chapter 15 Part 1395 Education (General Provisions) Bill 2006 Schools in receipt of subsidy Preliminary Definitions for ch 13......... 0... eee Scholarships and allowances Provision of scholarships and payment of allowances......... Minister's policy ............ 00.00.0020 .0 00.2 eee eee eee Financial data Requirement to give financial data....................004. Further information or documents relating to financial data..... False or misleading information or documents............... Confidentiality of financial data.................00....0.08. Giving of allowance acquittal details Allowance acquittal details..................0......0.0.0. Annual report ....... 00.00... Show cause notice... 6... 6. eee Representations about show cause notice.................. Ending show cause process without further action ........... Recommendation by board ............... 0... ....000028. Decision of Minister .............00... 0000 e cece Minister's discretion not limited. .................0-.0- 0 eee Other provisions False or misleading statement.....................0.002. Transfer notes Preliminary Definition forch 14.......... 0... eee cee eee Meaning of transfer note............. 0.00. cece eee eee Purpose of giving transfer note ................-00 eee eee Request for transfer notes Cessation of enrolment ............. 0000 e cece eee eee Application for enrolment .............. 0.0 eee eee eee ee Transfer of records between State schools ................. Protection from liability Protection from liability........... 0.0.2 cee eee eee eee Reviews and appeals Reviews of decisions by chief executive Who may apply for review .......... 20.0... e eee eee eee Application for review. ... 2.0.00... cee eee 225 227227 229229230231 237 Part 2398Part 3401403Part 4406 Chapter 16 Part 1408410Part 2413Chapter 17416Chapter 18419421423 Education (General Provisions) Bill 2006 Review decision ..... Appeal against review decisions Application of pt 2... . Appeal to Magistrates Court............0.....0 00 eee eee Conduct of appeal ... Appeals against directions under s 344 or 353 Definition for pt3 .... Who may appeal... . . Starting an appeal .. . Hearing procedures . . Powers of court on appeal ......... 0.0... eee eee eee eee Appeal against decision under s 69, 72, 158, 306(4) or 313(6) Definitions for pt 4.... Legal proceedings Evidence Application of pt 1... . Definition for pt1.... Appointments and authority .................0.0....0000. Signatures ......... Other evidentiary aids Offence proceedings Summary proceedings for offences .......... 0.00.02 eee eee Statement of complainant's knowledge ................2..- Evidence of chief executive's consent ..............--.000. Minister's powers Power of Minister to be member of entity.................-. Establishment of advisory committees...............-..04. Forming or establishing entities for furthering education....... International educational institutions Definitions for ch 18 . . Limitation on operation of international educational institution. . . Recommendation by Minister......................0.000. Conditions of approval Criminal history reports ............. 0002. . cece eee eee Payment of allowances 238240240242 243243245246247248249 Education (General Provisions) Bill 2006 Chapter 19 Miscellaneous 424 Special education... 2.0.0.0... 0. eee ee 249 425 Transportation assistance for certain students............... 250 426 Grants to entities ........0 00... c eee eee 250 427 Annual reporting by State school's principal or non-State school's governing body. .......... 0... eee eee eee eee 250 428 Parent and teacher discussions ................-.0-0000ee 251 429 Student reports. .... 20... 00 eee 252 430 Confidentiality... 2.0... 0.0... eee eee 252 431 Homework guidelines for State schools .................... 254 432 Collection of demographic information..................... 255 433 Chief executive's directions about State school records and TEPOrtS eens 255 434 Failure to decide application...............- 00sec eee eee 255 435 Delegation by Minister .............. 0.00. c eee ee ee eee 255 436 Delegation by chief executive..............0.... 0c eee eee 256 437 Approval of forms... 2.6... 2. eee eee 256 438 Regulation-making power............0. 000. c cece eee eee 256 Chapter 20 Repeal, validations and transitional provisions Part 1 Repeal of Acts 439 Repeal ... 2... cette 257 Part 2 Validations 440 Validation of fee waiver..... 2... 00... eee 257 Part 3 Transitional provisions 441 Definitions for pt 3........0.. 0... eee eee 258 442 References to repealed Acts ................ 00. e cece 258 443 Dissolution of corporation sole..................00 002s eee 258 444 Vesting of assets, rights and liabilities of corporation sole...... 258 445 Legal proceedings involving the corporation sole............. 259 446 References to corporation sole ..............0....0000 00s 259 447 Offences... 0... eee 259 448 Power of Minister to be member of committees etc............ 259 449 Advisory committees .... 0.0... 0.2 e ce eee eee 260 450 State educational institutions .....................00..00. 260 451 Curriculum framework and directions...................00. 260 452 Chief executive's directions about State school records and TEPOrtS eee eee 261 453 Instruction in a religious or other belief.................0.-. 261 455457459461 464 466468470472 474476483 Education (General Provisions) Bill 2006 Application for mature age student notices ................. Currency of positive notice.............0 0... eee eee eee Review of decision to issue negative notice................. Behaviour plans .............0 0.000.000 e eee eee Time limit on new application for mature age student notice ... . Suspension of student .......... 0.00... e eee eee Submission against suspension for more than 5 days......... Dealing with submissions against suspension for more than 5 dayS eee Recommendation to principal's supervisor of exclusion of Student cette Suspension pending dealing with recommendation for exclusion Submissions against suspension and recommendation for EXCIUSION ke tees Exclusion of student by principal's supervisor ............... Suspension pending final decision about exclusion........... Submissions against proposed exclusion................... Exclusion of student by chief executive ..................4. Submission against exclusion decision .................... Dealing with submissions against exclusions. ............... Periodic review of decision to exclude ................0000. Dealing with submissions about whether exclusion should be revoked ketene Cancellation of student's enrolment.................--00005 Submission against cancellation of enrolment............... Dealing with submissions against cancellation of enrolment... . Submissions about suspensions, exclusions or cancellations . . . Directions about conduct or movement at premises of State instructional institutions .... 0.2... 2.00... e eee eee Directions to leave and not re-enter premises of State instructional institutions .... 0.2... 2.00... e eee eee Prohibition from entering premises of State instructional InstitutioNS — eee Directions about conduct or movement at premises of non-State SCNOOIS eet tees Directions to leave and not re-enter premises of non-State SCNOOIS eet tees Prohibition from entering premises of non-State schools...... . Prohibition from entering premises of all State instructional institutions and non-State schools .................00-2005 262262263264 264265265265 266266270 486489491501503505 510 Education (General Provisions) Bill 2006 Prohibition from entering premises of all State instructional InstitutioNS — eee Appeal to District Court ........ 0.0... cee eee eee Department's annual report ............. 0.00 eee ee eee eee Non-State school's governing body to give particular information to Minister... 0.0... eee eee Provisions about school councils ...............-02-000 00 Provisions about parents and citizens associations........... Provisions about enrolment at State schools................ Transitional provision for compulsory education.............. Exemption from compliance with compulsory enrolment and attendance provisions ................. 000.0000. 2 eee Application for exemption from compliance with compulsory enrolment and attendance provisions ..................... Particular dispensation from compliance with compulsory enrolment and attendance provisions ..................... Particular application for exemption from compliance with compulsory enrolment and attendance provisions............ Dispensation from requirement to participate in an eligible option — kee eee Home schooling dispensation from requirement to participate in an eligible option ................ 0.0.0.0 02 eee eee eee Application for exemption from requirement to participate in an eligible option........... 0.0.0.0. cee eee Application for home schooling exemption from requirement to participate in an eligible option..........................0. Flexible arrangements ............ 0.0.00 eee ee eee eee eee Principal's decision about student's remaining allocation. ...... Notice about student's remaining allocation................. Application for extra semesters if no remaining allocation...... Notice about student's extra semesters .................50. Submissions against decisions about allocation of semesters or application for extra semesters. .........00...00 00 eee eee Dealing with submissions against decisions about allocation of semesters or application for extra semesters. ............... Notice about decisions about allocation of semesters or application for extra semesters. .........00...0 00 eee eee Application for further semesters if no remaining allocation and after extra semesters... eee Notice about student's further semesters..................- Financial data... 02... eee eee eee 271271274278278279 280513Chapter 21Schedule 1 Education (General Provisions) Bill 2006 Finalising show cause process relating to allowances paid for non-State schools. .......... 0.00. eee eee International educational institutions ...................... Transitional regulation-making power...................... Amendment of Acts Consequential and other amendments of Acts .............. Consequential and other amendments of Acts ........... Agricultural College Act 2005............0..... cee eee eee Anti-Discrimination Act 1991 ........... 2. cece eee eee Associations Incorporation Act 1981 ................-.000- Building Act 1975.0... 00... 2. eee Charitable and Non-Profit Gaming Act 1999 ................ Child Care Act 2002........ 0... cee eee Child Employment Act 2006.............0.....0 00 ae Child Protection Act 1999............. 0.000. e cece eee eee Collections Act 1966. ...........0 0... cee eee eee Commission for Children and Young People and Child Guardian Act 2000... 0... cee eee Criminal Law (Rehabilitation of Offenders) Act 1986.......... Criminal Offence Victims Act 1995...............0....000. Drugs Misuse Act 1986 ........... 00.0 e cee eee eee ee Duties Act 2001 ... 1.2... 6c eee Education (Accreditation of Non-State Schools) Act 2001...... Education (Capital Assistance) Act 1993................... Education (Overseas Students) Act 1996 .................. (Queensland College of Teachers) Act 2005........ Education (Queensland Studies Authority) Act 2002.......... Education (Work Experience) Act 1996................0.0. Food Act 2006 ...... 1... eects Freedom of Information Act 1992..............0.....00 00s Grammar Schools Act 1975.2... 0.00.5... cece cece Industrial Relations Act 1999 ............. 02. e eee eee eee Mineral Resources Act 1989 .............- 00 eee eee eee Petroleum Act 1923 .... 2.0... cee ec Petroleum and Gas (Production & Safety) Act 2004 .......... Public Health Act 2005............ 0.00... c eee eee eee Education 282282 284284285285288290291292293294298299300300 Schedule 2 Schedule 3 Schedule 4 Education (General Provisions) Bill 2006 Public Sector Ethics Act 1994 .......... 0.0... cee eee eee Public Serv Residential ice Act1996..... 0... eee eee Services (Accreditation) Act 2002............... Vocational Education, Training and Employment Act 2000 ..... Weapons Act 1990.... 2... 0... eect eee Whistleblowers Protection Act 1994................000000- Amendments commencing on 1 January 2007 ........... Child Care Act 2002........ 0... cee eee Education ( Education ( Education ( Education ( Accreditation of Non-State Schools) Act 2001...... General Provisions) Act 2006................... Queensland College of Teachers) Act 2005........ Queensland Studies Authority) Act 2002.......... Public Health Act 2005............ 0.00... c eee eee eee Amendments commencing on 1 January 2008 ........... Education ( Dictionary General Provisions) Act 2006................... 302302304306317321324325 A Bill for An Act about the education of children and the participation of young people in education and training, and for other purposes sl 24 s4 Education (General Provisions) Bill 2006 The Parliament of Queensland enacts— Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Education (General Provisions) Act 2006. 2 Commencement (1) Section 515(2) and schedule 2 commence on 1 January 2007. (2) Section 515(3) and schedule 3 commence on 1 January 2008. (3) Subject to subsections (1) and (2), this Act commences on a day to be fixed by proclamation. Part 2 Application 3 Act binds all persons (1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence. 4 Interaction with other legislation (1) This Act includes— 11 ANY ANF W s5 25 s5 Education (General Provisions) Bill 2006 (a) provisions requiring young people to continue their schooling until they are 16 years or have completed year 10, whichever happens first; and (b) provisions requiring young people to continue in education and training for a further period for the purpose of achieving a senior certificate, certificate II or certificate IV. (2) The VETE Act includes provisions about some of the eligible options available to young people during this further period of learning. (3) The QSA Act includes provisions about keeping student accounts for young people to record their participation in education and training. Part 3 Objects 5 Objects of Act (1) The objects of this Act are— (a) to make available to each Queensland child or young person a high-quality education that will— (i) help maximise his or her educational potential; and (ii) enable him or her to become an effective and informed member of the community; and (b) to provide universal access to high quality State education; and (c) for chapters 10 and 11!'— (i) to implement initiatives to ensure young people participate in a period of education or training after they turn 16 years or complete year 10; and 1 Chapters 10 (Compulsory participation in education or training) and 11 (Student accounts) Com ADNH WNKe — So PRR WNrR s6 26 s6 Education (General Provisions) Bill 2006 (ii) to outline a range of education and training options for them during this period; and (iii) to provide for their participation and learning achievements during this period to be recorded. (2) The objects are to be achieved mainly by— (a) placing responsibilities on parents and the State in relation to the education of children and young people; and (b) providing for the establishment of State educational institutions, and facilitating their operation as safe and supportive learning environments; and (c) ensuring education programs are responsive to the individual needs of children and young people; and (d) encouraging a parent's involvement in his or her child's education; and (e) encouraging parental and community involvement in the operation of State educational institutions by enabling— (i) the establishment of school councils for State schools; and (ii) the formation of parents and citizens associations for State instructional institutions. 6 Activities to achieve objects of chs 10 and 11 To achieve the objects mentioned in section 5(1)(c), the chief executive may— (a) carry on the following activities (planning activities)— (i) monitoring the operation and effectiveness of chapters 10 and 11; (ii) carrying out planning relating to the matters dealt with under chapters 10 and 11; (iii) developing strategies to better achieve the objects of chapters 10 and 11; and (b) carry on the following activities (re-engagement activities )— CAND MN BPW NK FPO OmDND NH WN KO Nw 24 27 29 31 33 s7 Part 4 27 s7 Education (General Provisions) Bill 2006 (i) identifying young persons in the compulsory participation phase who are not participating full-time in an eligible option; (ii) giving them information about the options available to them; (iii) encouraging them to participate in a way that achieves the best learning outcomes for them; (iv) encouraging and helping their parents to play a role in the matters stated in subparagraphs (i) to (iii). Guiding principles for achieving Act's objects 7 Guiding principles The principles intended to guide the achievement of this Act's objects are the following— (a) (b) (c) (d) (e) parents have the responsibility of choosing a suitable education environment for their children; education should be provided to a child or young person in a way that— (i) provides positive learning experiences; and (ii) promotes a safe and_ supportive learning environment; and (iii) recognises his or her educational needs; children and young people should be actively involved in decisions affecting them to the extent that is appropriate having regard to their age and ability to understand; the State, parents, teachers, school communities and non-government entities should work collaboratively to foster a commitment to achieving the best educational outcomes for children and young people; for chapters 10 and 11— Com AD NH WNe 28 s9 Education (General Provisions) Bill 2006 the State should develop practical ways to improve the social, educational and employment outcomes of young people, including, in particular, those who are at risk of disengaging from education and training; and the State should foster a community commitment to young people by involving members of the community and community organisations in— (A) developing education nd __ training opportunities for young people; and (B) re-engaging young people in education and training; and (C) developing ways to improve the social outcomes of young people; and the State should work with parents to achieve the best outcomes for young people; and the State should work in consultation with non-government entities to achieve the objects of chapters 10 and 11. Interpretation The dictionary in schedule 4 defines particular words used in s8 (i) (ii) (iii) (iv) Part 5 8 Definitions this Act. Meaning of compulsory school age d) (2) A child is of compulsory school age if the child is at least 6 years and less than 16 years. However, a child is no longer of compulsory school age if the child has completed year 10. 0 AND NHWNKE COAmAN DUNN PW NK CO 23 26 28 s10 29 sll Education (General Provisions) Bill 2006 10 Meaning of parent d) (2) (3) (4) (5) A parent, of a child, is any of the following persons— (a) the child's mother; (b) the child's father; (c) a person who exercises parental responsibility for the child. However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child. A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child. A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child. Despite subsections (1), (3) and (4), if— (a) a person is granted guardianship of a child under the Child Protection Act 1999; or (b) aperson otherwise exercises parental responsibility for a child under a decision or order of a federal court or a court of a State; then a reference in this Act to a parent of a child is a reference only to a person mentioned in paragraph (a) or (b). 11 Meaning of basic allocation, remaining allocation etc. d) (2) (3) Basic allocation is the allocation of 24 semesters of State education. Some students do not have the basic allocation but another number of semesters of State education is allocated to the student by a State school's principal. Remaining allocation, for a student, is— (a) if the student was a student with a basic allocation—the basic allocation less the number of semesters of State education provided to the student; or (b) if the student did not have a basic allocation—the number of semesters allocated to the student under Co ONIN DAN FF WN SCO WAND NSFW NK CO iS) 23 252932 s12 30 s12 Education (General Provisions) Bill 2006 section 61 less the number of semesters of State education provided to the student. (4) Neither basic allocation nor remaining allocation includes an extra semester granted under chapter 4, part 3 or further semester granted under chapter 4, part 5. Chapter 2 State educational institutions Part 1 State education 12 Provision of State education (1) For each student attending a State instructional institution, there must be provided an educational program approved by the Minister that— (a) has regard to— (i) the age, ability, aptitude and development of the student; and (ii) whether enrolment in the educational program is compulsory or non-compulsory; and (b) is an integral element within the total range of educational services offered with the prior approval of the Minister; and (c) takes account, and promotes continuity, of the student's learning experiences; and (d) recognises, and takes account of, the nature of knowledge. (2) The duration of the educational program must be based on the basic allocation for a student. MBW NR \o NY SCOmDMAND NB W NK O NW NOR NN BW NN nn s 13 31 s 16 Education (General Provisions) Bill 2006 Part 2 Establishment and naming of State educational institutions 13 Power to establish State schools The Minister may establish schools at which the State provides primary, secondary or special education. 14 Power to establish institutions that provide educational instruction to persons enrolled at State schools The Minister may establish institutions at which the State provides educational instruction to persons enrolled at State schools as an adjunct to the educational programs provided to the persons at the State schools, including, for example— (a) environmental education centres; and (b) outdoor education centres. 15 Power to establish other educational institutions If the Minister considers it necessary or convenient for the purposes of this Act, the Minister may establish educational institutions other than State instructional institutions, including, for example— (a) centres for the support and development of teachers and officers of the department; and (b) — student hostels or student residential colleges. 16 Naming, and changing of name, of a State educational institution The Minister may name, and change the name of, a State educational institution. ns ow NO Ww NY FO SCO OND fF 23 25 s17 Part 3 32 s Education (General Provisions) Bill 2006 Amalgamation or closure of State schools 17 Definition for pt 3 In this part— closure, of a State school, does not include the following— (a) the temporary closure of the school; (b) the permanent closure of the school if the Minister is reasonably satisfied exceptional circumstances exist that justify the closure. 18 Notice of proposed closure or amalgamation If the Minister proposes closing a State school or amalgamating 2 or more State schools, the Minister must publish a notice about the proposal in the gazette. 19 Consultation (1) Before closing a State school, there must be adequate (2) consultation by the Minister with each of the following— (a) the school community; (b) if there is a school council for the school—the school council; (c) if there is an association formed for the school—t! association. Before amalgamating 2 or more State schools, there must adequate consultation by the Minister with each of t following— (a) the school communities; (b) if there is a school council established for any of t schools—the school council; (c) if there is an association formed for any of t schools—the association. ne be ne ne ne OmAN NHN FW WNr © Com NI AN fF 2327 29 s 20 33 s 22 Education (General Provisions) Bill 2006 20 Time to elapse before closure or amalgamation If notice about a proposed closure of a State school or amalgamation of 2 or more State schools is published under section 18, the closure or amalgamation must not happen earlier than 6 months after the publication. Part 4 Bases for education provided, and testing, at State instructional institutions 21 Curriculum framework for State instructional institutions (1) The Minister may decide on a curriculum framework that is to apply to a State instructional institution. (2) In this section— curriculum framework means the framework under which the institution's principal may decide the range of learning experiences to be offered to students attending the institution. 22 Development and revision of 1-12 syllabuses and preschool guidelines (1) The Minister may develop and revise 1-12 syllabuses and preschool guidelines. (2) In this section— 1-12 syllabuses means syllabuses for areas of learning in 1 or more of the years | to 12 years of schooling. area of learning includes— (a) asubject; and (b) a vocational education program. preschool guidelines means guidelines for the preschool year of schooling. ANBWN OABwW NY FO on ND 22 2427 s 23 34 s 23 Education (General Provisions) Bill 2006 23 Implementation of syllabus, course or preschool guideline at State instructional institutions d) (2) (3) (4) (5) In providing education in an area of learning, a State instructional institution may only implement— (a) an approved syllabus or accredited syllabus for the area of learning; or (b) for an institution that is a registered training organisation—an accredited course. The Minister may direct the principal of a State instructional institution to ensure the institution provides education in a stated area of learning. The Minister may direct the principal of a State instructional institution that, in providing education in an area of learning, the institution must implement— (a) astated approved syllabus or accredited syllabus for the area of learning; or (b) for an institution that is a registered training organisation—a stated accredited course. The Minister may direct the principal of a State instructional institution that, in providing education in the preschool year of schooling, the institution must implement a stated approved preschool guideline or accredited preschool guideline. In this section— accredited course means a course accredited under the VETE Act. accredited preschool guideline means a preschool guideline, accredited by the QSA under the QSA Act, for the preschool year of schooling. accredited syllabus, for an area of learning, means a 1-12 syllabus accredited by the QSA under the QSA Act for the area of learning. approved preschool guideline means a preschool guideline developed or revised, and approved, by the QSA under the QSA Acct for the preschool year of schooling. 0 ON DN FW NK erN nN FWNY KO NNW NRF Ow N w Nw ns NNW ona Wwhd Re oOo WW WW KRWN s24 35 s 25 Education (General Provisions) Bill 2006 approved syllabus, for an area of learning, means a 1-12 syllabus developed or revised, and approved, by the QSA under the QSA Acct for the area of learning. area of learning includes— (a) asubject; and (b) a vocational education program. 24 Direction by Minister about tests d) (2) The Minister may direct the principal of a State instructional institution, providing education to students in the year of schooling to which an approved test or common national test relates, to administer the test at the institution. In this section— approved test means a test, relating to a year of schooling, developed or revised by the QSA under the QSA Act. common national test means a common national test stated in the regulations made under the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth), section 19(4).? Part 5 Provisions relating to mature age students Division 1 Preliminary 25 Definitions for pt 5 In this part— 2 Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth), section 19 (Specific condition—educational accountability) Dn nn fF WNe ~ \o AADN FW NY FO 20 23 s 26 36 s27 Education (General Provisions) Bill 2006 charge, for an offence, in relation to a charge made outside Queensland, means any allegation of an offence made in a way that is the same as, or substantially the same as, a charge under the law of the State. criminal history, of a person, means— (a) every conviction of the person for an offence, in Queensland or elsewhere, at any time and whether before or after the commencement of this part; and (b) every charge made against the person for an offence, in Queensland or elsewhere, at any time and whether before or after the commencement of this part and whatever the outcome of the charge. mature age State school means a State school other than— (a) aschool of distance education; or (b) aspecial school. mature age student, in relation to a mature age State school, means an adult enrolled with the school. mature age student notice means a mature age student notice issued under section 29. negative notice see section 29(1)(b). positive notice see section 29(1)(a). 26 This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 This part applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986. Division 2 Obligation relating to mature age student notices 27 Obligation of mature age State school's principal (1) A mature age State school's principal must not enrol a person as a mature age student with the school unless the person has a current positive notice for the enrolment. CO OND NN PWNK Com ND nN FW NYO NY WY rr Oo 23 25 27 30 s 28 (2) (3) 37 s 28 Education (General Provisions) Bill 2006 Subsection (1) does not apply if— (a) the person has previously been enrolled with a non-State school or State educational institution (the previous school or institution) and on the day of enrolment was a child; and (b) _ the period commencing on the last day of attendance of the person at the previous school or institution and ending on the day before the proposed first day of attendance of the person at the mature age State school is not more than 12 months. Also, subsection (1) does not apply to a student visa holder. Division 3 Issue of mature age student notices 28 Application for mature age student notice d) (2) (3) (4) (5) (6) A person, other than a student visa holder, who wishes to be a mature age student of a particular mature age State school may apply to the chief executive for a mature age student notice stating whether the person is a suitable person to be a mature age student of the school. The application must be— (a) in the approved form; and (b) _ signed by the person; and (c) accompanied by the fee prescribed under a regulation. The approved form must include provision for identifying information about the person. The person may give the chief executive notice of the withdrawal of the application at any time before it is decided. On receiving the application, the chief executive may ask the person, orally or in writing, for further information that the chief executive reasonably needs to establish the person's identity. The person is taken to have withdrawn the application if— (a) _ the chief executive gives the person a notice— OMAND NHPWN rr Oo C0 MIDNA W 2124 26 2830 32 s 29 38 s 29 Education (General Provisions) Bill 2006 (i) asking the person to provide, within a reasonable stated time, stated information that the chief executive reasonably needs to establish the person's identity; and (ii) warning the person that, if the person does not comply with the request, the person's application will be taken to have been withdrawn; and (b) _ the person does not comply with the request within the stated time; and (c) the chief executive can not establish with certainty the person's identity; and (d) _ the chief executive gives the person a notice stating that the person is taken to have withdrawn the application. Decision on application d) (2) (3) (4) The chief executive must decide the application, as soon as practicable after receiving it, by issuing— (a) amature age student notice declaring the person to be a suitable person to be a mature age student of the school (a positive notice); or (b) amature age student notice declaring the person to be an unsuitable person to be a mature age student of the school (a negative notice). If the chief executive is not aware of any convictions or charges of the person for any offence, the chief executive must issue a positive notice. Subsection (4) applies if the chief executive is aware of— (a) a conviction of the person for an offence, other than a serious offence; or (b) acharge of the person for an offence. The chief executive must issue a positive notice unless the chief executive is satisfied it is an exceptional case in which it would not be in the best interests of children for the chief executive to issue a positive notice. Com ADDN BPWNeR WN Fo COmrNI AN fF 22 2428 3133 s30 (5) (6) 7) (8) 39 s 30 Education (General Provisions) Bill 2006 If the chief executive is aware of a conviction of the person for a serious offence, the chief executive must issue a negative notice unless the chief executive is satisfied it is an exceptional case in which it would not harm the best interests of children for the chief executive to issue a positive notice. If the chief executive is aware of a conviction or charge of the person for an offence, the chief executive must decide the application having regard to the following matters relating to the commission, or alleged commission, of the offence by the person— (a) whether it is a conviction or a charge; (b) whether the offence is a serious offence; (c) when the offence was committed or is alleged to have been committed; (d) the nature of the offence and its relevance to the person being a mature age student of the school; (e) anything else the chief executive reasonably considers to be relevant to the assessment of the person. On deciding the application, the chief executive must— (a) issue the mature age student notice to the person; and (b) give a copy of the notice to the school's principal. A negative notice issued to the person must be accompanied by a notice stating— (a) the reasons for the chief executive's decision on the application; and (b) that, within 40 days after receiving the notices, the person may apply to the chief executive to have the decision reviewed; and (c) how the person may apply for the review. Chief executive to invite submissions from person about criminal history d) If the chief executive proposes to decide the application by issuing a negative notice, the chief executive must give the person a notice— CAND NWSWNKH ©0o ON DN FW NY KF OS NY WwW re Oo NN WN NN ns NNW ona N \'o 31 33 s31 40 s 32 Education (General Provisions) Bill 2006 (a) stating information about the person's criminal history of which the chief executive is aware; and (b) inviting the person to give the chief executive, within a stated time, an oral or written submission about the information or about the person's suitability to be a mature age student of the school. (2) The stated time must be reasonable and, in any case, at least 7 days after the chief executive gives the notice to the person. (3) Before deciding the application, the chief executive must consider any submission received from the person within the stated time. 31 Currency of positive notice A positive notice remains current for a period of 6 months after it is issued. Division 4 Provisions about criminal history 32 Criminal history check etc. (1) This section applies to a person if— (a) the chief executive has received an application for a mature age student notice about the person and the application has not been withdrawn; or (b) _ the person has a current positive notice for a particular mature age State school, but has not become a mature age student of the school; or (c) the person— (i) is a mature age student of a mature age State school; and (ii) was 18 years or more on the day of enrolment with the school. (2) The chief executive may ask the commissioner of the police service to give the chief executive a written report about the criminal history of the person. C0 AN DANHW NK s33 (3) (4) (5) 41 s 33 Education (General Provisions) Bill 2006 Also, the chief executive may ask the commissioner of the police service to give the chief executive a brief description of the circumstances of a conviction or charge, for an offence, mentioned in the person's criminal history. Subject to subsection (5), the commissioner of the police service must comply with a request under subsection (2) or (3). The duty imposed on the commissioner of the police service to comply with the request applies only to information in the possession of the commissioner or to which the commissioner has access. Notice of change in criminal history d) (2) (3) (4) (5) If the commissioner of the police service reasonably suspects that a person who is charged with an offence is a person mentioned in section 32(1)(a) to (c), the commissioner may notify the chief executive about the change in the person's criminal history. The notice must state the following— (a) the person's name and address; (b) _ the person's date of birth; (c) _ the offence the person was charged with; (d) particulars of the offence; (e) the date of the charge. The chief executive may confirm the suspicions of the commissioner of the police service under subsection (1). If the person is a person to whom section 34(2) applies, the chief executive, on receiving notice under subsection (1), may write to the person to inform the person of the person's obligations under section 34(2). For this section, the chief executive may give the commissioner of the police service— (a) information about whether the person is a person mentioned in section 32(1)(a) to (c); and Com ADDN BPWNeR ro Co Mm AIDMBPW WN NY NR NY WY Ww nN Fe Oo Nw ns Nwny OoWmND Ww ro WW WN s34 (6) 42 s 35 Education (General Provisions) Bill 2006 (b) _ if the person is a person mentioned in section 32(1)(a) to (c), the name of the person and other identifying information about the person, including the person's date and place of birth and any alias. Information given to the commissioner of the police service under subsection (5) must be used only for this part. Disclosure of change in criminal history d) (2) (3) Subsection (2) applies to a person who— (a) is a mature age student of a mature age State school; and (b) was 18 years or more on the day of enrolment with the school. If there is a change in the person's criminal history, the person must immediately disclose to the chief executive the details of the change. Maximum penalty—20 penalty units. For a person who does not have a criminal history, there is taken to be a change in the person's criminal history if the person acquires a criminal history. Requirements for disclosure d) (2) To comply with section 34(2), a person must give the chief executive a disclosure in the approved form. The information disclosed by a person about a conviction or charge for an offence in the person's criminal history must include— (a) _ the existence of the conviction or charge; and (b) when the offence was committed or alleged to have been committed; and (c) enough details to identify the offence or alleged offence; and (d) for a conviction, whether or not a conviction was recorded and the sentence imposed on the person. Dn BWNR ~ CAD N PWN KO 21 2327 29 31 s 36 43 s 37 Education (General Provisions) Bill 2006 36 Use of criminal history information The chief executive must not use information obtained under this part about a person's criminal history other than for this part or chapter 12, part 4, division 3.3 37 Confidentiality of information about criminal history (1) This section applies to a person who— (a) _ is, or has been, an officer of the department; and (b) in that capacity acquired information, or gained access to a document, under this part about someone else's criminal history. (2) The person must not disclose the information, or give access to the document, to anyone else. Maximum penalty—20 penalty units. (3) Subsection (2) does not apply to the disclosure of information, or giving of access to a document, about a person— (a) to the chief executive for the purpose of the chief executive deciding whether to— (i) issue a mature age student notice to the person; or (ii) cancel a positive notice issued to the person; or (iii) exclude the person from a State school under chapter 12, part 4, division 3; or (b) with the person's consent; or (c) if the disclosure or giving of access is permitted or required under an Act or other law. 3 Chapter 12 (Good order and management of State educational institutions and non-State schools), part 4 (Suspension, exclusion and cancellation of enrolment of, and behaviour improvement conditions for, State school students), division 3 (Exclusion of students by chief executive) BRWN omArninn CAND NFP W NF CO \o Nw ro N N NN BW s38 44 s 38 Education (General Provisions) Bill 2006 Division 5 Cancellation and replacement of positive notices Wrong, incomplete or new information This section applies to a person who has a current positive notice for a mature age State school, but has not become a mature age student of the school. The chief executive may cancel the positive notice (the first notice) and substitute a negative notice (the new notice) if the chief executive is satisfied — (a) the decision on the application for the first notice was based on wrong or incomplete information; and (b) based on the correct or complete information, the chief executive should issue the new notice. Also, the chief executive may cancel a positive notice about the person and substitute a negative notice (also the new notice), having regard to information about the person received by the chief executive under section 33(1).4 However, if the chief executive proposes to substitute a negative notice, the chief executive must first comply with (a) _ the reference in section 30(1) to deciding the application by issuing a negative notice were a reference to substituting a negative notice for a positive notice; and (b) _ the reference in section 30(3) to deciding the application were a reference to substituting a negative notice for a (a) issue the new notice to the person; and (b) give a copy of the new notice to the school's principal. (1) (2) (3) (4) section 30,5 as if— positive notice. (5) The chief executive must— 4 Section 33 (Notice of change in criminal history) Section 30 (Chief executive to invite submissions from person about criminal history) OMANI ANA W NX COM ADNH WN KO NWN Noe N w NNN oe NON on s 39 45 s 42 Education (General Provisions) Bill 2006 (6) A new notice issued to the person under subsection (5) must be accompanied by a notice stating— (a) the reasons for the chief executive's decision to issue the new notice; and (b) that, within 40 days after receiving the notices, the person may apply to the chief executive to have the decision reviewed; and (c) how the person may apply for the review. Division 6 Review of decisions 39 Definition for div 6 In this division— original decision see section 40. 40 Who may apply for review A person may apply to the chief executive for a review of a decision (the original decision) of the chief executive to issue the person with a negative notice for a mature age State school. 41 Applying for review (1) The application must be made within 40 days after the person is given notice of the original decision. (2) The chief executive may, at any time, extend the time for applying for the review. (3) The application for review must be in writing and state fully the grounds of the application. 42 Review decision (1) The chief executive must conduct the review on— (a) _ the material that led to the original decision; and (b) _ the reasons for the original decision; and eCoADMN BW NK N ANN W 22 24 2628 s43 (2) (3) (4) (5) (6) 7) 46 s 43 Education (General Provisions) Bill 2006 (c) any other relevant material the chief executive allows (the allowed material). For the review, the chief executive must give the applicant a reasonable opportunity to make written representations to the chief executive. Without limiting subsection (2), if the allowed material affects the chief executive's decision, the chief executive must give the applicant a reasonable opportunity to make written representations to the chief executive on the material. After reviewing the original decision, the chief executive must make a further decision (the review decision) to— (a) confirm the original decision; or (b) cancel the negative notice and substitute a positive notice. The chief executive must, as soon as practicable, give the applicant notice (the review notice) of the review decision. If the review decision is to confirm the original decision, the review notice must also state the reasons for the review decision. If the review decision is to cancel the negative notice and substitute a positive notice, the chief executive must— (a) issue the positive notice to the person; and (b) give a copy of the positive notice to the school's principal. Division 7 General provisions 43 False or misleading information or documents d) A person must not under this part give information to the chief executive the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units. CAND NRW NRE COmAN DUNN FW NY KO Nw ro N N NN BW 28 s44 (2) (3) 47 s45 Education (General Provisions) Bill 2006 A person must not under this part give the chief executive a document containing information the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units. Subsection (2) does not apply to a person if the person, when giving the document— (a) tells the chief executive, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. 44 Time limit on new application for mature age student notice d) (2) Part 6 This section applies if— (a) a person makes an application for a mature age student notice (the first application) in relation to a particular mature age State school; and (b) _ the chief executive decides the application by issuing the person with a negative notice. The person may not make another application for a mature age student notice in relation to the school within | year after the person is notified of the decision on the first application. Miscellaneous provisions 45 Inspection of State educational institution's premises The Minister may arrange for a State educational institution's premises to be inspected at a time and in the way the Minister believes appropriate. CON AUN FB WNR So FOO ON ANH W NE Nw 25 s 46 48 s49 Education (General Provisions) Bill 2006 46 Investigation of complaint The chief executive must, as soon as practicable, investigate any complaint about the administration, management or operation of a State educational institution that, in the chief executive's opinion, is not a frivolous or vexatious complaint. 47 Use of State educational institution's premises (1) The Minister may permit a person to use a State educational institution's premises located on reserve land for any purpose, including a purpose not connected with education. (2) Permission may be given under subsection (1) on reasonable conditions the Minister considers appropriate. (3) In this section— reserve land means land dedicated as a reserve under the Land Act 1994, section 31 for educational purposes. Chapter 3 Cost of providing State education 48 Definitions for ch 3 In this chapter— chief executive (transport) means the chief executive of the department in which the Transport Operations (Passenger Transport) Act 1994 is administered. nearest applicable school, for a person, means the nearest State school with the required year level for the person. permanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1). 49 Meaning of remote area A person lives in a remote area if— ANBWN Oonmrn a 11 14 21 23 25 27 s 50 (a) (b) 49 s50 Education (General Provisions) Bill 2006 the person's principal place of residence— (i) (ii) is at least 16km from the nearest applicable school; and is at least 4.5km from a school transport service approved by the chief executive (transport) or a public transport service to the nearest applicable school; or the person's principal place of residence— (i) (ii) (iii) is at least 16km from the nearest applicable school; and is at least 4.5km from a school transport service approved by the chief executive (transport) or a public transport service to the nearest applicable school; and is— (A) at least 56km from the nearest applicable school using the route travelled by the transport service; or (B) at least 3 hours travelling time a day from the nearest applicable school using the transport service. State education to be free (1) Subsection (2) applies to a person enrolled at a State school who is— (2) (a) (b) an Australian citizen or permanent resident; or a child of an Australian citizen or permanent resident. The cost of providing instruction, administration and facilities for the education of the person at the school must be met by the State. (3) This section applies subject to sections 51, 52 and 55. (4) In this section— person enrolled at a State school does not include a person who is also enrolled at a non-State school unless the person's Co WADNH WN iS) FOO OND HN PWNrF CO N 24 26 2831 33 s51 50 s 52 Education (General Provisions) Bill 2006 enrolment at the State school preceded the person's enrolment 1 at the non-State school. 2 51 Power to charge particular persons or for particular 3 educational services 4 (1) Subsection (3) applies to a person enrolled at a State school 5 who is not— 6 (a) an Australian citizen or permanent resident; or 7 (b) achild of an Australian citizen or permanent resident. 8 (2) Subsection (3) also applies to a person enrolled at both a State 9 school and non-State school if the person's enrolment at the 0 non-State school preceded the person's enrolment at the State 1 school. 2 (3) The chief executive may charge the person a fee for the 3 education of the person at the State school. 4 (4) Also, the chief executive may charge a person mentioned in 5 section 50(1)— 6 (a) a fee for providing an educational service to the person 7 not met by the State under section 50(2); or 8 (b) a fee for the provision of an educational service by an 9 entity to the person if the State school at which the 20 person is enrolled has been charged by the entity forthe 21 provision of the educational service. 22 (5) In addition, the chief executive may charge a person not 23 enrolled at a State school a fee for the education of the person 24 at the school. 25 (6) The chief executive's power to charge a person a fee under 26 this section includes a power to— 27 (a) exempt any person or matter from payment of the fee; or 28 (b) waive payment of the fee for any person or matter; or 29 (c) refund a fee paid under this section. 30 52 Fee for distance education provided by a State school 31 (1) This section applies to— 32 s 53 51 s 53 Education (General Provisions) Bill 2006 (a) aperson enrolled in a program of distance education at a State school; or (b) aperson, other than a non-State school student or a State school student, who is— (i) not enrolled in a program of distance education at a State school; and (ii) undertaking a component of the program at the school. (2) The fee prescribed under a regulation must be paid for the provision of distance education to the person under subsection (1). (3) In this section— non-State school student means a person enrolled at a non-State school. State school student means a person enrolled at a State school. 53 When fee for distance education is not payable (1) Despite section 52(2), the fee is not payable if the person is a person mentioned in section 52(1)(a) and— (a) _ the person lives in a remote area; or (b) the person— (i) can not attend a State school, other than a school of distance education, for more than 80 consecutive school days because of the person's state of health; and (ii) gives the chief executive a medical certificate stating that fact; or (c) | the person has an itinerant lifestyle; or (d) the person— C0 ON DN FW NK Dan BW N FO on 21 2325 27 29 s53 (2) (e) (f) (g) (h) (i) 52 s 53 Education (General Provisions) Bill 2006 (i) is excluded from 1 or more, but not all, State schools, other than schools of distance education, under section 297 or 306;° and (ii) would live in a remote area if the school, or schools, from which the person is excluded were taken not to be a nearest applicable school for the definition remote area; or the person is excluded from all State schools, other than schools of distance education, under section 306; or the person can not attend a State school, other than a school of distance education, because the person is caring for the person's child or a child for whom the person has or exercises parental responsibility; or the person— (i) can not attend a State school, other than a school of distance education, because the person is caring for someone, other than a child mentioned in paragraph (f), on a regular basis; and (ii) gives the chief executive a medical certificate stating that fact; or the person can not be a mature age student of a mature age State school because the person has been issued with a negative notice under section 29; or the person is in the custody of the chief executive (corrective services) at a corrective services facility under the Corrective Services Act 2000. For subsection (1)(c), a person has an itinerant lifestyle if— (a) because of the nature of the occupation in which the person or a parent of the person is engaged— (i) _ the person's principal place of residence changes at least twice in the relevant school year or at least 5 times in the period consisting of the relevant school year and the school year immediately before or after the relevant school year; or 6 Section 297 (Exclusion of student by principal's supervisor) or 306 (Exclusion of student by chief executive) Com ADDN WNK iS) SCO OND FH WNrFY CO NNW WNre NNN one N ~ NW ow WWW Ww KRWNrF CO s54 (3) 53 s 54 Education (General Provisions) Bill 2006 (ii) the person spends at least 60 school days of the relevant school year (consisting of periods of 5 consecutive school days or more) away from the person's principal place of residence; or (iii) the person's principal place of residence is a caravan and the location of the caravan changes at least twice in the relevant school year or at least 5 times in the period consisting of the relevant school year and the school year immediately before or after the relevant school year; or (iv) the place where the person lives changes at least twice in the relevant school year and the person does not have a principal place of residence; and Examples of an occupation for paragraph (a)— carnival worker, contract harvester or shearer (b) the person spends at least 120 school days of the relevant school year in the State. In this section— caravan means a caravan under the Residential Tenancies Act 1994. medical certificate means a certificate signed by a registrant under the Psychologists Registration Act 2001 or a medical practitioner. relevant school year means the school year in relation to which the person is enrolled in a program of distance education at a State school. 54 Waiver of fee for distance education d) The chief executive may waive, entirely or partly, payment of the fee mentioned in section 52(2) for a person if— (a) the chief executive is satisfied— (i) the person is or has been enrolled in, or undertaking a component of, a program of distance education and would suffer a_ significant educational disadvantage if the person were not able to continue in the program; and COMPANADN HPWNK CAD NFP WNK CO iS) ow NNW WNre NNN Nuns 29 3234 s55 (2) 54 s55 Education (General Provisions) Bill 2006 (ii) payment of the fee would cause financial hardship to the person liable to pay it; or Example for paragraph (a)— A parent of a child enrolled in a program of distance education for 1 year may be unable to pay the fee for the following year because of temporary financial hardship. (b) for a person enrolled in a program of distance education—the chief executive is satisfied the waiver is appropriate and reasonable because exceptional circumstances exist in relation to the person. In making a decision under subsection (1)(b) about waiving payment of the fee for a person, the chief executive may have regard to any relevant matter of which the chief executive is aware, including, for example— (a) whether the person would suffer a_ significant educational disadvantage if the person were not able to enrol in a program of distance education; or (b) whether a program of distance education is the most appropriate educational program for the person. Charging for specialised educational program d) (2) (3) (4) This section applies to a State school prescribed under a regulation that offers a specialised educational program prescribed under a regulation. The charge, for the program, prescribed under a regulation must be paid for the undertaking of the program. For subsection (2)— (a) if a child is undertaking the program—a parent of the child must pay the charge; or (b) if an adult is undertaking the program—that person must pay the charge. However, the chief executive may waive, entirely or partly, payment of the fee if the chief executive is satisfied— (a) payment of the fee would cause financial hardship to the person liable to pay it; and CAN ANF WNK Com ADDN PWNK CO 2225 28 30 32 34 s 56 (5) 55 s 58 Education (General Provisions) Bill 2006 (b) the person wishing to undertake the program would suffer a significant educational disadvantage if the person can not undertake the program. In this section— specialised educational program means an educational program not usually offered by a State school. 56 Voluntary financial contribution d) (2) (3) Despite section 50, a State school's principal may ask the parents of a student of the school to make a voluntary financial contribution towards the cost of providing instruction, administration and facilities for the education of the student at the school. The student must still be provided the education even if the parents do not make the financial contribution. If the student is an adult, subsections (1) and (2) apply as if the reference in the subsections to the student's parents were a reference to the student. Chapter 4 Allocation of State Part 1 education Preliminary 57 Definition for ch 4 In this chapter— student includes a person who is not enrolled at a State school. 58 Application of chapter to student under 16 years A student who is under 16 years at the time of starting a semester in a school year at a State school, but who does not Dun fF WNe ~ \o wo ADM BPW NRK CO 19 22 24 27 s59 56 s 61 Education (General Provisions) Bill 2006 have any remaining allocation, may attend the State school for all of the semester without making an application under part 3 or 5.7 59 Allocation of semesters for each student d) (2) (3) (4) Part 2 The purpose of this chapter is to ensure each student who enrols at a State school has an allocation of State education. If a student begins schooling in year 1 at a State school before the student turns 7 years, the student has the basic allocation. For a student not mentioned in subsection (2), a State school's principal must calculate the remaining allocation for the student under section 61. Under certain circumstances, an allocation may be increased— (a) by a State school's principal under part 3; or (b) _ by the chief executive under part 5. Basic allocation and remaining allocation 60 Basic allocation If a student begins schooling in year 1 at a State school before the student turns 7 years, the student has the basic allocation from the start of the semester in the school year in which the student begins schooling. 61 Remaining allocation d) This section applies to the following students— (a) astudent who received— 7 Part 3 (Extra semesters may be granted by principals) or 5 (Further semesters may be granted by chief executive) wn oOorynN vAnN 11 13 15 17 2022 24 s61 (2) (3) (b) (c) (d) 57 s 61 Education (General Provisions) Bill 2006 (i) — schooling at a non-State school; or (ii) home education under chapter 9, part 5; a student who received schooling outside Queensland; a student who, at any time before the end of semester 2 in 1997, was enrolled at a State school, other than a student enrolled in a year level mentioned in column 1 of subsection (3) at the end of semester 2 in 1997; a student beginning schooling who is— (i) beginning schooling in year 2 or later; or (ii) 7 years or more. If an application is made under section 159 to enrol the student at a State school, the State school's principal must decide the student's remaining allocation. Subject to subsection (4), if a student, other than a student mentioned in subsection (1), was enrolled at a State school in a year level mentioned in column 1 at the end of semester 2 in 1997, the State school's principal is taken to have decided that the student has a remaining allocation mentioned opposite in column 2. Column 1 Column 2 1 22 2 20 3 18 4 16 5 14 6 12 7 10 8 8 9 6 10 4 11 2 12 0 (4) However, if a State school's principal decides that the application of subsection (3) to a student mentioned in that Co WANIDNS WN COANDUNH WNK CO 21 s 62 (5) (6) 58 s 62 Education (General Provisions) Bill 2006 subsection is inappropriate, the principal must decide the student's remaining allocation. The principal's decision that it is inappropriate for subsection (3) to apply to the student is, for section 62(2), a decision about the student's remaining allocation. If the student has been the subject of an exemption under chapter 9, part 38 and did not undertake an educational program for all or part of the period of the exemption (the excused period), the excused period must not be included in calculating the student's remaining allocation. Principal must consider remaining allocation for certain students d) (2) (3) (4) This section applies to a decision, under section 61, by a State school's principal. The principal's decision about a _ student's remaining allocation must be made in the way the principal considers appropriate after considering all relevant matters, including, for example— (a) the age, ability, aptitude and development of the student; and (b) _ the need to take account and promote continuity of the student's learning experiences; and (c) whether the enrolment is compulsory — or non-compulsory; and (d) if the student's enrolment is non-compulsory—the student's commitment to complete a course of study. The principal must make the decision within a reasonable time after the application was made to enrol the student at the school. After making the decision, the principal must— (a) immediately advise the student of the decision; and Chapter 9 (Compulsory schooling), part 3 (Exemption from compliance with compulsory schooling requirement) CAND NRW NRE So NX CO OANADMN PW VNR NW NOR NN BW NN nun Nwuny 'oon WwW WwW rr Oo s 63 (5) 59 s 64 Education (General Provisions) Bill 2006 (b) within 7 days after advising the student of the decision, give notice to the student about the student's remaining allocation. The notice must state— (a) _ the principal's decision; and (b) the reasons for the decision; and (c) that if the student is not satisfied with the principal's decision, the student may make a submission to the principal's supervisor against the decision within 14 days after notice of the decision is given to the student or the later time allowed by the supervisor; and (d) _ the title, name and address of the supervisor; and (e) _ the way in which the submission may be made. Notice to certain students about remaining allocation d) (2) (3) This section applies to a student— (a) who is enrolled in semester 2 in a year at a State school; and (b) whose remaining allocation will be not more than 4 semesters at the end of the year. By the end of the year, the principal of the State school must give notice to the student about the student's remaining allocation after the end of semester 2 of the year. The notice may be included with another report or document given to the student. Information to be given to repeating student d) (2) This section applies to a student who has been approved by a State school's principal to repeat, at the school, a year of schooling for which the student has already been enrolled at the school. The principal must, as soon as practicable after the approval, give the student written information about the allocation of State education under this chapter. CAN NHN FF WNe Ww NFO OoNN Nn 22 24 2729 31 s 65 Part 3 60 s 66 Education (General Provisions) Bill 2006 Extra semesters may be granted by principals 65 Application for extra semesters if no remaining allocation d) (2) (3) This section applies to a student who does not have any remaining allocation. The student may apply, in the approved form, to a State school's principal for the granting, in a school year, of not more than 2 extra semesters of State education at the State school. The application must be given to the principal— (a) more than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or (b) if the principal allows a later time for giving the application—before the later time. 66 Principal must consider and decide application for extra semesters d) (2) (3) The principal must consider the application and decide it in the way the principal considers appropriate after considering all relevant matters, including, for example— (a) whether the student is of compulsory school age; and (b) _ the likely educational outcome of the student attending the school for the extra semester or semesters; and (c) _ the likely impact on the resources of the State school of the student attending the State school for the extra semester or semesters. However, the principal must make the decision within a reasonable time after the making of the application, allowing for the need to collect and analyse the results of any assessment of the student undertaken during the semester immediately before the semester, or the earlier of the semesters, to which the application relates. After making the decision, the principal must— OMANDHD NH W ak WNrFR © s 67 (4) 61 s 68 Education (General Provisions) Bill 2006 (a) immediately advise the student of the decision; and (b) within 7 days after advising the student of the decision, give notice to the student of the decision and the reasons for the decision. However, if the principal does not grant the application for the semester, or for both semesters, as applied for by the student, the notice must also state— (a) that if the student is not satisfied with the principal's decision, the student may make a submission to the principal's supervisor against the decision within 14 days after notice of the decision is given to the student or the later time allowed by the supervisor; and (b) _ the title, name and address of the supervisor; and (c) _ the way in which the submission may be made. 67 Limitation on extra semesters granted by principals Part 4 No more than 2 extra semesters may be granted to a student under this part. Submissions against principal's decision 68 Submissions against principal's decision d) (2) This section applies to a decision of a State school's principal about— (a) the allocation of semesters to a student under section 61(2) or (4); or (b) an application for an extra semester or semesters under part 3. The student may make a submission against the principal's decision to the principal's supervisor. Com ADM PWN RW NRK OO nn on 19 22 24 26 28 s 69 62 s 69 Education (General Provisions) Bill 2006 (3) The submission must— (a) be in writing; and (b) _ state fully the grounds for the submission and the facts relied on. (4) The submission must be given to the principal's supervisor— (a) within 14 days after notice of the decision is given to the student; or (b) if the principal's supervisor allows a later time for giving the submission—by the later time. Dealing with submissions against principal's decision (1) If a submission is made to the principal's supervisor under section 68, the supervisor must immediately consider the decision and the submission and— (a) affirm the decision; or (b) _ vary the decision; or (c) set aside the decision and make a new decision in substitution of the decision. (2) After the supervisor has decided to affirm, vary or set aside the decision, the supervisor must— (a) immediately advise the student about the supervisor's decision; and (b) within 7 days after advising the student of the supervisor's decision, give notice to the student about— (i) _ the supervisor's decision; and (ii) the reasons for the supervisor's decision; and (iii) the student's right to appeal, under section 406, against the supervisor's decision, including the time within which the student may appeal. (3) Also, as soon as practicable after making a decision under this section, the supervisor must give notice of the supervisor's decision to the principal. Com AD WN FW NY Com AD NF WNKY CO NW a) NN Wh NY N nn & NNW ona Wwh ro) s70 Part 5 63 s72 Education (General Provisions) Bill 2006 Further semesters may be granted by chief executive 70 Definition for pt 5 In this part— stated State school see section 71(2). 71 Application for further semesters if no remaining allocation and after extra semesters d) (2) (3) This section applies to a student who does not have any remaining allocation and who has been granted 2 extra semesters under part 3. The student may apply, in the approved form, to the chief executive for the granting of not more than 2 further semesters of State education at a State school stated in the application (the stated State school). The application must be made to the chief executive— (a) more than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or (b) _ if the chief executive allows a later time for making the application—before the later time. 72 Chief executive must consider and decide application for further semesters d) The chief executive must consider the application and decide the application in the way the chief executive considers appropriate after considering all relevant matters, including, for example— (a) whether the student is of compulsory school age; and (b) _ the likely educational outcome of the student attending the stated State school for the further semester or semesters; and nn ow NO SCO OND NUN BPWNrY CO s73 (2) (3) 64 s 73 Education (General Provisions) Bill 2006 (c) the likely impact on the resources of the stated State school of the student attending the stated State school for the further semester or semesters. However, the chief executive must make the decision within a reasonable time after the making of the application, allowing for the need to collect and analyse the results of any assessment of the student undertaken during the semester immediately before the semester, or the earlier of the semesters, to which the application relates. After the chief executive decides the application, the chief executive must— (a) immediately advise the student of the decision; and (b) within 7 days after advising the student of the decision— (i) if the student has not previously been granted 2 further semesters under this part—give the student an information notice about the decision; or (ii) if the student has previously been granted 2 further semesters under this part—give the student a notice about— (A) _ the decision; and (B) the reasons for the decision; and (C) the student's right to appeal, under section 406, against the decision, including the time within which the student may appeal. 73 Chief executive to give notice to principal if further semesters granted d) (2) If the chief executive decides to grant the application, the chief executive must give notice of the decision to the stated State school's principal. The notice must state— (a) the student's name; and (b) the student's educational level; and (c) _ the period of the extension; and CANDUNH WNK SCOmMW ADM FW NY KO Nw Ww oe NNN ON & LW 27 293234 s74 65 s 75 Education (General Provisions) Bill 2006 (d) any other information the chief executive is reasonably satisfied the principal should be aware of in relation to the decision. 74 Limitation on further semesters granted by chief executive No more than 4 further semesters may be granted to a student under this part. Part 6 Copy of notice to be given to parent 75 Copy of notice under this chapter to be given to parent (1) Ifa person is required, under this chapter, to give a notice to a student and the student is a child, the person must as soon as practicable give a copy of the notice to a parent of the child. (2) For giving the copy to a parent, the person may rely on the relevant State school's records about the child's parents and their current residential address. (3) Subsection (1) does not apply if the person is satisfied it would be inappropriate in the circumstances to give the copy to the parent. Example— It may be inappropriate to give the parent a copy of the notice if the student is living independently of his or her parents. (4) In this section— parent, of a child, includes a person standing in the place of a parent of the child on a temporary basis. WNrR ND Ws CAN DANK WNKY CO iS) Oo NWN Noe N w Nw ns s 76 66 s77 Education (General Provisions) Bill 2006 Chapter 5 Instruction in a religious or other belief Definitions for ch 5 In this chapter— approved entity means an entity approved under section 78. belief does not include a political belief. State school does not include a State preschool centre. Giving instruction in a religious or other belief d) (2) (3) (4) (5) (6) 7) A student of a State school may be given instruction at the school in a religious or other belief only by an approved entity. For subsection (1), the instruction may be given by an approved entity on behalf of 2 or more approved entities. Subsection (1) applies subject to subsections (4) to (6). A student of a State school may be given instruction at the school in a religious or other belief if a parent of the student gives the school's principal a notice stating that the student holds the religious or other belief. However, even if a parent of a student of a State school does not give a notice under subsection (4) for the student, the student may be given instruction in a religious or other belief at the school if the parent gives the school's principal a notice stating that the parent consents to the student being given the instruction. Also, despite a parent of a student of a State school giving the school's principal a notice under subsection (4) for the student, the student may be given instruction at the school in a religious or other belief not covered by the notice if the parent gives the school's principal a notice stating that the parent consents to the student being given the instruction. Despite a parent of a student of a State school giving the school's principal a notice under subsection (4), (5) or (6), the student may not be given instruction at the school in a NAN FW \o wo iS) SCO OANIDMN BP WN KO NNNNY BRWNR WNNWNNYN CSCOMANDUN WW WwW WNr s 78 (8) 67 s79 Education (General Provisions) Bill 2006 religious or other belief covered by the notice if a parent of the student later gives the principal a notice stating that the parent does not wish the student to be given instruction at the school in the religious or other belief. A student of a State preschool centre must not be given instruction in a religious or other belief— (a) at the centre; or (b) at the primary school of which the centre is a part. Approval of entity d) (2) (3) The chief executive may approve, as prescribed under a regulation, an entity to give instruction in a religious or other belief to students of a State school. Subject to section 80, an approval under this section— (a) entitles the entity to give instruction in a religious or other belief at a State school; and (b) applies to each State school. An approved entity may give instruction in a religious or other belief through a representative of the entity. When notice under s 77(4), (5) or (6) may not be given by parent If a State school's principal is satisfied it would be inappropriate in the circumstances for a parent of a student of the school to give a notice under section 77(4), (5) or (6) to the principal— (a) aparent of the student may not give the notice; and (b) the notice may be given by the student in place of a parent of the student. Example— It may be inappropriate for a parent of a student of a State school to give a notice under section 77(4), (5) or (6) to the school's principal if the student is living independently of his or her parents. ory AN BWNe CNY HD NP Ww NRK O 2224 27 30 s 80 68 s 81 Education (General Provisions) Bill 2006 80 When instruction to be given d) (2) A State school's principal must allow time during school hours for an approved entity to give instruction at the school in a religious or other belief to students of the school if— (a) the approved entity is available to give the instruction; and (b) a parent of each student who is to be given the instruction has given a notice to the school's principal under section 77(4), (5) or (6) in relation to the instruction; and (c) section 77(7) does not apply to the student. The time allowed under subsection (1)— (a) must be on the days and at the times approved by the principal; and (b) must not be more than 40 hours in each school year. Chapter 6 School councils Part 1 Preliminary 81 Definitions for ch 6 In this chapter— alternative association member see section 92(1). appointed member, of a school council, means a member of the council appointed, under the council's constitution, by the council. chairperson, of a school council, means a person elected as chairperson of the council under section 93. coopted student member, of a school council established for a State school that does not offer secondary education, means a year 7 student of the school who is coopted as a member of the council under the council's constitution. CMAN DAN BWN ae NF oO eilond Rw e nn 2225 2729 s 82 Part 2 69 s 82 Education (General Provisions) Bill 2006 elected member, of a school council, means a person who is an elected member of the council under section 90. elected parent member, of a school council, means a parent of a child attending the school for which the council is established who is elected— (a) if there is an association formed for the school and the association's constitution provides for the election of parent members to the school's council—under the association's constitution; or (b) otherwise—by a secret ballot under the council's constitution. elected staff member, of a school council, means a member of the staff of the school for which the council is established who is elected by a secret ballot, held under the council's constitution, of all the persons who are— (a) employed by the department and assigned to the school; or (b) otherwise employed full-time or part-time at the school. elected student member, of a school council established for a State school offering secondary education for year 10, 11 or 12, means a student in year 10, 11 or 12 at the school who is elected by a poll, held under the council's constitution, in which only those students at the school in year 10, 11 or 12 may vote. official member, of a school council, means a person who is an official member of the council under section 89. Object of chapter 82 Object (1) The object of this chapter is to improve student learning outcomes by providing for the establishment and operation of school councils. CAND NRW NRE eCorAID MAPWNY KO NNNNW BRWNr OW NN nun 30 s 83 (2) Part 3 70 s 85 Education (General Provisions) Bill 2006 A school council has particular functions for guiding the broad strategic direction of the State school for which it is established. Establishment, name, functions and other matters 83 Establishment d) (2) Subject to section 113(6) and (7),° the chief executive may, by notice in the gazette, establish a school council for a State school. A school council established under subsection (1) may have functions only about the school for which the council is established. 84 Name The school council established for a State school is named as follows— (a) if the name of the school ends with 'school'—the council is called '. . . (insert name of school) Council'; (b) otherwise—the council is called '. . . (insert name of school) School Council'. 85 Functions d) A school council for a State school has the following functions— (a) monitoring the school's strategic direction; (b) approving— (i) plans and policies of the school of a strategic nature; or 9 Section 113 (Initial constitution) w Comrn an nn NRO COM IND NH Ww 22 24 26 s 86 71 s 87 Education (General Provisions) Bill 2006 (ii) other documents affecting strategic matters, 1 including the annual estimate of revenue and 2 expenditure for the school; 3 (c) monitoring the implementation of the plans, policies and 4 other documents mentioned in paragraph (b); 5 (d) advising the school's principal about strategic matters. 6 (2) The council must perform its functions in a way that achieves 7 the best learning outcomes for the school's students. 8 (3) Despite subsections (1) and (2), a school council may not— 9 (a) interfere with the management by the school's principal 0 of the day-to-day operations of the school and its 1 curriculum; or 2 (b) make operational decisions about the use of teaching or 3 learning resources at the school; or 4 (c) make decisions about the individual teaching style used, 5 or to be used, at the school; or 6 (d) make a decision that is contrary to law or a written 7 policy of the department. 8 86 School councils do not have certain powers 9 A school council may not— 20 (a) have control of funds; or 21 (b) enter into contracts; or 22 (c) acquire, hold, dispose of or deal with property; or 23 (d) sue or be sued. 24 Part 4 Membership 25 87 Membership of a school council 26 (1) A school council consists of official members, elected 27 members and appointed members. 28 s 88 (2) 72 s90 Education (General Provisions) Bill 2006 Also, if the State school for which the council is established does not offer secondary education, a school council may also include a coopted student member. Number d) (2) (3) (4) (5) The number of members of a school council must be at least 6 and not more than 15. A school council must include at least— (a) 1 elected parent member; and (b) 1 elected staff member. The number of elected parent members and elected staff members of a school council must be equal. A school council must include not more than 2 elected student members and 2 appointed members. If the State school for which a school council is established provides secondary education for year 10, 11 or 12, the council must include at least 1 elected student member. Official members d) (2) The official members of a school council for a State school are— (a) _ the school's principal; and (b) if there is an association formed for the school—the association's president. An official member of a school council is not eligible to be an elected member, or appointed member, of the council. Elected members d) The elected members of a school council are— (a) the elected parent members; and (b) the elected staff members; and WNrR Co momnN AN Ff Aunk WN KO ~ \o 22 24 2628 s91 (2) (3) (4) 73 s92 Education (General Provisions) Bill 2006 (c) if the school for which the council is established offers secondary education for year 10, 11 or 12—the elected student members. A poll for the election of an elected student member of a school council may take place at the same time as, or be combined with, other elections at the State school for which the council is established involving students, including, for example, the election of the school's captain and vice-captain. Subsection (4) applies if, at the time of closure of nominations for the elected members of a school council, the number of nominations is less than the number of elected members required to be elected. The person who, under the council's constitution, is responsible for conducting the election for the elected members must declare the persons who are properly nominated under the constitution to have been elected. 91 Coopted student member A coopted student member of a school council— (a) does not have the power to vote on a matter before the council despite section 105(1), (2) and (3); and (b) may not be elected as the council's chairperson under section 93 or be chosen to preside at a council meeting under section 104(2). 92 Alternative association member d) (2) The president of an association formed for a State school may, under the association's constitution, appoint another association member (the alternative association member) to attend meetings of a school council for the school in the place of the president when the president can not attend the meetings. When attending a meeting of the council under subsection (1), the alternative association member has the same rights and duties as the president. © OANINDNH WNe DANnNKRW NYKO 22262830 32 s93 (3) 74 s94 Education (General Provisions) Bill 2006 An elected member, or appointed member, of the council is ineligible for appointment by the president as the alternative association member. Chairperson d) (2) (3) (4) (5) A school council for a State school must elect one of the council's members as chairperson of the council. The school's principal may not be elected as chairperson of the council. A school council's chairperson holds office for the term decided by the council (the chairperson's term), unless the person's term of office as a member of the council ends sooner than the chairperson's term. Subsection (5) applies if— (a) an association has been formed for the school for which a school council is established; and (b) _ the president of the association is the chairperson of the council; and (c) an alternative association member is attending a meeting of the council in place of the president. Despite section 92(2), the alternative association member may not preside at the meeting, unless the alternative association member is chosen to preside under section 104(2). Term of office for elected member or appointed member d) (2) Each elected member, or appointed member, of a school council holds office for the term, not longer than 2 years, stated in the council's constitution. However, subject to section 88, the council's constitution may provide for up to the following number of the council's first elected members to hold office for a term of not longer than 3 years— (a) if one-half of the number of the first elected members is an even number—one-half of the number of the first elected members; WwWnN Oo ON DN F Com NAD NB W NK OO NNW an) 252830 32 s95 715 s 96 Education (General Provisions) Bill 2006 (b) if one-half of the number of the first elected members is an odd number—the whole number next higher than one-half of the number of the first elected members. Casual vacancy in office of elected member or appointed member d) (2) (3) If a vacancy occurs in the office of an elected member, or appointed member, of a school council (the vacating member) during the currency of the member's term of office, another person (the new member) must be elected or appointed under this part to fill the vacancy. The new member holds office for the remainder of the vacating member's term of office or until the new member sooner vacates the office. If a vacancy occurs in the office of an elected member, the new member must be of the same type of elected member, under section 90, as the vacating member. Vacation of office d) The office of an elected member, or appointed member, of a school council for a State school becomes vacant if the member— (a) dies; or (b) resigns the member's office by signed notice of resignation— (i) for the council's chairperson—given to the school principal's supervisor; or Gi) for another council member—given to the council's chairperson; or (c) is absent from 3 consecutive meetings of the council, of which the member has been given notice under the council's constitution, without the council's leave and without reasonable excuse; or (d) stops being eligible, under this Act or the council's constitution, for election or appointment to the office. WNrR CAND WF DANK WNK CO ououewe 4 23 25 27 2931 33 s97 (2) (3) (4) 76 s97 Education (General Provisions) Bill 2006 A notice of resignation mentioned in subsection (1)(b) takes effect when the notice is given under that paragraph or, if a later time is stated in the notice, the later time. If the office of an elected member, or appointed member, of a school council is vacant and, because of the vacancy, the membership does not comply with section 88, the council is taken to be validly constituted until the earlier of the following happens— (a) _ the day the vacancy is filled; (b) the expiry of 3 months after the day the vacancy arose. In this section— meeting, of the council, means— (a) if the relevant member does not attend—a meeting of the council with a quorum for the council present; or (b) if the relevant member attends—a meeting of the council with or without a quorum for the council present. 97 Disqualification from membership d) (2) (3) A person can not become, or continue as, an elected parent member, elected staff member, or appointed member, of a school council if the person has been convicted of an indictable offence, unless the Minister gives an approval under this section. If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted, the Minister may— (a) if the person was a member when convicted—give notice to the council's chairperson and the person that the person is restored as a member, and may be later re-elected or reappointed, despite the conviction; or (b) otherwise—give written approval for the person to be elected or appointed as a council member despite the conviction. On the day the council's chairperson receives a notice under subsection (2)(a)— © OINDMNH WNK NAAN BPW NY KF CO 2123 252830 3235 s98 77 s 98 Education (General Provisions) Bill 2006 (a) _ the person is restored as a council member; and (b) _ if another person has been elected or appointed to fill the vacancy—the other person's appointment ends. (4) If a person is restored as a council member under subsection (3), the person's term of office as a council member ends when it would have ended if the person had not been convicted of the offence. Part 5 Constitution 98 Constitution for school council (1) A school council must have a constitution. (2) The council's constitution must provide for the following— (a) membership of the council, including— (i) eligibility for election as, or to vote for, an elected member of the council; and (ii) eligibility for appointment as an appointed member of the council; and (iii) procedures for election or appointment; and (iv) when the term of office of an elected member, or appointed member, of the council starts and ends; and (v) if there is an association formed for the school for which the council is established—the way in which the association's president must give notice to the council's chairperson about the appointment of an alternative association member; (b) election of, and other matters relating to, the council's chairperson; (c) conduct of council business; (d) the way the council performs its functions. ADUNH WN \o NY COMA NAN AN FW NY KF CO NWNNNW ABRWNR NW mon NY WN \o © s99 (3) (4) 78 s99 Education (General Provisions) Bill 2006 The constitution may also provide for other matters the council considers appropriate for inclusion in it. However, the provisions of a council's constitution about membership of the council— (a) must comply with part 4; and (b) if there is an association formed for the school for which the council is established—are subject to the provisions of the association's constitution about the election of an elected parent member of the council. 99 Amendment of school council's constitution d) (2) (3) (4) A school council for a State school may prepare and adopt an amendment of its constitution. In preparing a proposed amendment, the council must have regard to the model constitutions. An amendment has no effect unless it is approved by the chief executive. The chief executive must not approve an amendment unless the chief executive is satisfied— (a) notice of the proposed amendment was given, at least 30 days before the council meeting that considered the amendment, to the following— (i) the council members; (ii) if there is an association formed for the school—the association; (iii) the school's staff (ncluding, for example, by displaying the proposed amendment in a staff room); (iv) the school's students (including, for example, by publishing the proposed amendment in the school's newsletter); and (b) the amendment was adopted by at least the number of members constituting a quorum for the council; and (c) the amended constitution is consistent with this Act and otherwise lawful. CAND VN PW NR eCN nN BW NRK CO NW row N N NN BW NNN ANN wWNN Cow ow WwW Noe WwW Kw s 100 79 s 102 Education (General Provisions) Bill 2006 (5) In deciding whether to approve an amendment, the chief executive must also have regard to the following matters about the amended constitution— (a) whether it provides for a membership that— (i) allows adequate representation by parents, staff, students and other members of the school community; and (ii) takes into account the demographics of the school community; (b) whether it provides for the council to perform its functions in an effective and fair way; (c) whether its provisions are otherwise adequate, clear and appropriate. 100 Model constitutions for school councils The chief executive may prepare model constitutions for school councils (the model constitutions). Part 6 Council business 101 Conduct of business (1) Subject to its constitution and this part, a school council may conduct its business, including its meetings, in the way it considers appropriate. (2) However, a school council may only make decisions about how it will carry out its functions if it does so at a council meeting at which a quorum for the council is present. 102 Time and place of meetings (1) School council meetings must be held at the times and places the council decides. (2) However, a school council's chairperson— Com ANIDN BP WNK WN Fo nan 202327 s 103 (3) 80 s 105 Education (General Provisions) Bill 2006 (a) may call a meeting at any time; and (b) must call a meeting if asked, in writing, to do so by the Minister, the chief executive or at least the number of its members required to form a quorum for the council. A school council must meet at least twice in each semester. Quorum A quorum for a school council is the number equal to two-thirds of the number of its members or, if two-thirds is not a whole number, the next highest whole number. Presiding at meetings d) (2) The school council's chairperson must preside at all council meetings at which the chairperson is present. If the chairperson is absent from a council meeting, another council member chosen by the council members present must preside. Conduct of meetings d) (2) (3) (4) (5) A question at a school council meeting, other than a question about an amendment of the council's constitution, must be decided by a majority of the votes of the council members present. Each member present at a council meeting has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote. A member present at a council meeting who abstains from voting is taken to have voted for the negative. A school council may hold meetings, or allow its members to take part in its meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting. A school council member who takes part in a council meeting under subsection (4) is taken to be present at the meeting. nN BWN oan a nAkRW NF © NX COAN DD 2225 272932 s 106 81 s107 Education (General Provisions) Bill 2006 Attendance by proxy (1) A member of a school council for a State school may not attend a meeting of the council by proxy. (2) However, the school's principal may attend up to 2 meetings in each year by proxy. (3) In this section— proxy does not include an alternative association member for the president of an association formed for the school. Disclosure of interest (1) This section applies to a member of a school council (the interested member) if— (a) the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the council; and (b) _ the interest could conflict with the proper performance of the interested member's duties when considering the issue. (2) As soon as practicable after the relevant facts come to the interested member's knowledge, the interested member must disclose the nature of the interest to a meeting of the council. (3) Unless the council otherwise directs, the interested member must not— (a) be present when the council considers the issue; or (b) _ take part in a decision of the council about the issue. (4) The interested member must not be present when the council is considering whether to give a direction under subsection (3). (5) If there is another member who must, under subsection (2), also disclose an interest in the issue, the other member must not— (a) be present when the council is considering whether to give a direction under subsection (3); or (b) take part in making the decision about giving the direction. ONY DD NHR WN \o NX COM ADDN PWN KO NW NOR NN BR Now AUDAN WNW COM W WwW Nok WW RW s 108 (6) (7) Part 7 82 s 109 Education (General Provisions) Bill 2006 If— (a) because of this section, a member is not present at a council meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum for the council if the member were present; the remaining members present are a quorum for the council for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. A disclosure under subsection (2) must be recorded in the council's minutes. Application of other laws 108 Criminal Law (Rehabilitation of Offenders) Act 1986 (1) For the application of the Criminal Law (Rehabilitation of (2) Offenders) Act 1986, section 9A, to the office of an elected member, or appointed member, of a school council, a person is taken to apply for the office if the person— (a) consents to be appointed as an appointed member (whether or not the council has decided to appoint the person); or (b) stands for election as an elected member. This section does not apply to an elected student member of the council. 109 Public Records Act 2002 A school council is a public authority under the Public Records Act 2002. COD ND WHRWN — So on NR iS) SCO WNDU fF 22 24 27 s 110 83 s111 Education (General Provisions) Bill 2006 Freedom of Information Act 1992 For the application of the Freedom of Information Act 1992, a school council is taken to form part of the department. To remove doubt, it is declared that the Freedom of Information Act 1992, part 2,!° does not apply to a school This section is about the application of the Public Sector Ethics Act 1994 (the Act) to a school council. For the application of the Act— (a) aschool council is a public sector entity; and (b) amember of the council is a public official of the entity; (c) the chief executive is the chief executive officer of the For section 15 of the Act, the chief executive must ensure a code of conduct is prepared that, after approval under section 17 of the Act, applies to a school council. For section 20(4) of the Act, a reference to the entity's head office or regional office is a reference to the department's head office or other departmental office. For section 23 of the Act, a reference to the entity's annual report is a reference to the department's annual report. (1) (2) council. 111 Public Sector Ethics Act 1994 (1) (2) and entity. (3) (4) (5) Freedom of Information Act 1992, part 2 (Publication of certain documents and information) Dunk WN ~ \o NX CO WOANAD NF WN YF CO N — NN Wh s112 84 s 113 Education (General Provisions) Bill 2006 Part 8 Starting up 1 112 Purpose and application 2 (1) This part is about the establishment and initial operation ofa 3 school council. 4 (2) If there is an inconsistency between this part and another 5 provision of this chapter, this part prevails to the extent of the 6 inconsistency. 7 113 Initial constitution 8 (1) A State school's principal must prepare a draft constitution for 9 a proposed school council for the school. 0 (2) Section 99(1) to (3) and (5)!! apply to the preparation as if a 1 reference to a school council amending its constitution were a 2 reference to the school's principal preparing the proposed 3 council's draft constitution. 4 (3) In preparing the draft constitution, the principal— 5 (a) must consult with— 6 (i) _ the parents of children attending the school; and 7 (ii) the school's staff and students; and 8 (b) may consult with other appropriate entities. 9 (4) _ If there is an association formed for the school, the president 20 of the association must, under the association's constitution, 21 call a special meeting of the association (the association 22 meeting) for approving the draft constitution. 23 (5) The principal must call the following meetings for approving 24 the draft constitution— 25 (a) if there is no association formed for the school—a 26 meeting of the parents of children attending the school 27 (the parent meeting); 28 (b) ameeting of the school's staff (the staff meeting). 29 11 Section 99 (Amendment of school council's constitution) s113 85 s 113 Education (General Provisions) Bill 2006 (6) The chief executive may not establish a school council for the school unless the association meeting or parent meeting, and the staff meeting, are called and the draft constitution is approved as follows— 7) (a) (b) (c) if there is an association formed for the school—by secret ballot by a majority of the association's members attending the association meeting; if there is no association formed for the school—by secret ballot by a majority of the parents attending the parent meeting; by secret ballot by a majority of the staff attending the staff meeting. However, the chief executive may establish a school council for the school, even though the draft constitution is not approved under subsection (6), if the chief executive— (a) (b) is satisfied of each of the following— (i) if there is an association formed for the school and the association did not approve the draft constitution under subsection (6)—there were at least 3 association meetings held to discuss the draft constitution during a 3 month period; (ii) if there is no association formed for the school and the parents of children attending the school did not approve the draft constitution under subsection (6)—there were at least 3 parent meetings held to discuss the draft constitution during a 3 month period; (ii) if the school's staff did not approve the draft constitution under subsection (6)—there were at least 3 staff meetings held to discuss the draft constitution during a 3 month period; and has had regard to the concerns of the association, parents or staff raised at the meetings at which the draft constitution was not approved. (8) The approved constitution applies to the council on its establishment. Com AINADMN PWNeK iS) SCOmAN DBD WNW NK CO N — NNNNYNN NAUDUMNHWN WwWNN POO ew WwW WwW RwWN WwW nWmN s114 86 s117 Education (General Provisions) Bill 2006 114 Initial membership (1) On its establishment, a school council consists only of its official members. (2) However, a school council consisting only of its official members may only perform the functions necessary for the election of the council's elected members. 115 First elected members and appointed members (1) As soon as practicable after a school council is established, its official members must, under the council's constitution, organise the election of the council's elected members. (2) After the election, the council, as constituted by its official members and elected members, may appoint the council's appointed members. Part 9 Dissolution 116 Dissolution of a school council (1) A school council is dissolved— (a) if the school for which it was established is closed; or (b) in other circumstances prescribed under a regulation. (2) On dissolution, the members of the council immediately before the dissolution go out of office. 117 Records (1) As soon as practicable after the dissolution of a school council for a State school, the school's principal must ensure the council's records are given to the chief executive. (2) In this section— records, of the council, includes all documents held by the council that it has created or acquired in the course of performing its functions. Dunk Wn ee 12 s 118 Part 10 87 s 120 Education (General Provisions) Bill 2006 Miscellaneous School council not to establish committee or subcommittee A school council must not establish a committee or subcommittee. Expense of attending meetings The chief executive may— (a) (b) decide the allowance payable to compensate a member of a school council in attending a meeting of the council, the amount of which is dependent on the class of membership of the council; or reimburse a member of a school council the whole or part of the reasonable expenses incurred by the member in attending a meeting of the council. Minister's power to give directions in the public interest (1) The Minister may give a school council a written direction about a matter relevant to the performance of its functions under section 85 if the Minister is satisfied it is necessary to give the direction in the public interest. (2) (3) (4) (5) Without limiting subsection (1), a direction may require the council to comply with— (a) (b) a policy, standard or other instrument of a public sector unit; or another document, including, for example, another policy, standard or instrument. The council must comply with the direction. A direction to a school council must be addressed to its chairperson and may be sent by post, facsimile or similar facility to the school. The Minister must give a copy of each direction, given under this section, to the chief executive. omnia nk Wh BWN FO Corn un \o 23 25 2831 $121 (6) 88 s122 Education (General Provisions) Bill 2006 The department's annual report for a year must include copies of all directions given under this section during the year. 121 Protection from liability d) (2) A member of a school council does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. If subsection (1) prevents a civil liability attaching to a member of a school council, the liability attaches instead to the State. Chapter 7 Parents and citizens Part 1 associations Formation, objectives etc. of an association 122 Formation of parents and citizens association d) (2) A parents and citizens association may be formed for a State instructional institution in the way prescribed under a regulation. The following persons are eligible to be members of a parents and citizens association formed for a State school— (a) aparent of a child attending the school; (b) astaff member of the school; (c) an adult, other than a person mentioned in paragraph (a) or (b), who is interested in the school's welfare. NOR OMAN ANA W w Com NAN fF 21 23 89 s 125 Education (General Provisions) Bill 2006 (3) The following persons are eligible to be members of a parents and citizens association formed for an educational institution established under section 14!2— (a) astaff member of the institution; (b) an adult, other than a person mentioned in paragraph (a), who is interested in the institution's welfare. (4) A State instructional institution's principal is a member of a parents and citizens association formed for the institution. Formation of interim parents and citizens association (1) An interim parents and citizens association may be formed for a proposed State instructional institution, in the way prescribed under a regulation, within 2 years before the institution's proposed first day of operation. (2) An adult interested in the welfare of a proposed State instructional institution is eligible to be a member of an interim parents and citizens association formed for the proposed State instructional institution. (3) An interim parents and citizens association formed for a proposed State instructional institution is taken to be a parents and citizens association formed for the institution from the start of operation of the institution. The objectives of an association are to promote the interests of, and facilitate the development and further improvement of, the State instructional institution, or proposed State instructional institution, for which it is formed. (1) An association has the following functions— (a) fostering community interest in educational matters; s 123 124 Objectives of an association 125 Functions of an association Section 14 (Power to establish institutions that provide educational instruction to persons enrolled at State schools) AIAN FP WNK SCOmMANIADAUNH WNrF CO Nw — 2426 28 s125 (2) (b) (c) (d) (e) (f) (g) 90 s 125 Education (General Provisions) Bill 2006 trying to bring about closer cooperation between— (i) for an association formed for a State school—the parents of children attending the school and other members of the community, staff members of the school and students of the school; or (ii) for an association formed for an educational institution established under section 14—-members of the community and staff members of the institution; if asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about issues relating to persons who receive educational instruction at the institution; if asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about the general operations and management of the institution; giving, or assisting in the giving of, financial or other resources or services for the benefit of persons who receive educational instruction at the State instructional institution for which it is formed; if an appropriate resolution is passed at an annual general meeting, general meeting or special meeting of an association formed for a State school—assisting a State preschool centre associated with the school; performing any other functions, not inconsistent with this Act, as the Minister decides. In the performance of its functions, an association must comply with this Act and any written directions the Minister may give the association about— (a) (b) complying with departmental policies that apply to associations; or a matter relevant to the performance of its functions. CAND NARWN COANDN BPWNK CO NNNWW WNrRO NHOnNW AUDWNF NW ow WW WwW NRO WW RW ww nN s 126 91 s 128 Education (General Provisions) Bill 2006 126 Dissolution of an association An association is dissolved— (a) if the State instructional institution for which it was formed is closed; or (b) _ if the number of members of the association is 2 or less; or (c) in other circumstances prescribed under a regulation. Part 2 Officers of an association 127 = Officers (1) An association must at each annual general meeting of the association elect from its members, as prescribed under a regulation, the following officers— (a) a president; (b) at least 1 vice-president; (c) a secretary; (d) a treasurer; (e) any additional officers, as decided by the association. (2) The officers hold office in an honorary capacity. (3) The office of treasurer of the association must not be held by the person who is the president or secretary of the association. (4) The principal of the State instructional institution for which the association is formed may not be an office holder of the association. 128 Vacation of office (1) The office of an officer of an association becomes vacant if the officer— (a) dies; or NY AUN BW NY FS orntinan ff WwW Nr O NX ow NNW WNre 26 92 s 129 Education (General Provisions) Bill 2006 resigns his or her office by signed notice given to— (i) for the president—a vice-president, or the secretary or treasurer, of the association; or Gi) for another officer—the president of the association; or is absent from 3 consecutive meetings of the association, of which the member has been given notice under the association's constitution, without the association's leave and without reasonable excuse. (2) A notice of resignation mentioned in subsection (1)(b) takes effect when the notice is given under that paragraph or, if a later time is stated in the notice, the later time. (3) In this section— meeting, of the association, means— s 129 (b) (c) (a) (b) Part 3 if the relevant officer does not attend—a meeting of the association with a quorum for the association present; or if the relevant officer attends—a meeting of the association with or without a quorum for the association present. Executive committee of an association Executive committee (1) There is an executive committee of an association. (2) The executive committee consists of the following persons— (a) (b) (c) (d) the president of the association; the vice-president, or vice-presidents, of the association; the secretary of the association; the treasurer of the association. CAND NHK WN COmAN DUNN FW Nr O 21 232527 s 130 93 s 131 Education (General Provisions) Bill 2006 Restriction on who may be a member of executive committee (1) Subsection (2) applies only at the time of election of the office holders of an association under section 127. (2) The number of relevant staff members of the State instructional institution for which the association is formed who may be members of the executive committee of the association must not be more than one-third of the number of members of the executive committee. (3) Subsection (2) does not apply to the association if— (a) _ the chief executive reasonably believes that compliance with the requirement mentioned in that subsection will prevent all the positions of the executive committee being filled; and (b) the chief executive notifies the association that it is not required to comply with that subsection. (4) In this section— relevant staff member means— (a) for a State school—a staff member of the school who is not a parent of a child attending the school; or (b) for an educational institution established under section 14—a staff member of the institution. Urgent matters d) (2) (3) (4) For urgent matters only relating to the performance of the functions of an association, the executive committee of the association may take any necessary action. Despite the quorum for the association and section 133(1), the action may be taken by a majority vote of the executive committee. However, the executive committee may not remove a person as a member or officer of the association. If the executive committee acts under subsection (1), details of the action must be tabled at the next scheduled general meeting of the association or at a special meeting called for that purpose. COANDN PW NE ont anAN FWNrF CO iS) ow NW NOR 252831 3335 s 132 (5) Part 4 94 s 134 Education (General Provisions) Bill 2006 Failure by the executive committee to comply with subsection (4) does not affect the validity of the action. Business of an association 132 Presiding at meetings d) (2) (3) The president of an association must preside at all association meetings at which the president is present. If the president is absent from an association meeting, but a vice-president of the association is present, a vice-president nominated and confirmed by majority vote at the meeting must preside. If neither the president or a vice-president is present at an association meeting or the offices are vacant, an association member chosen by the members present must preside. 133 Voting d) (2) Part 5 A question at an association meeting is decided by a majority of the votes of the members present. Each member present at an association meeting has a vote on each question to be decided, and if the votes on a question are equal, the person presiding at the meeting also has a casting vote. Subcommittees of an association 134 Subcommittees d) An association may establish, and appoint the members of, subcommittees, as prescribed under a regulation. OMANI AN Ff WNrF © SCOmMN AN F 22 25 s 135 95 s 136 Education (General Provisions) Bill 2006 (2) If an association is formed for a State instructional institution, the association may establish a subcommittee for a State preschool centre associated with the institution. (3) Subcommittee meetings of an association must be called and conducted— (a) in the way prescribed under a regulation; and (b) subject to a regulation made under paragraph (a), in the way the association considers appropriate. Part 6 Constitution of an association Constitution (1) An association must have a constitution. (2) An association must adopt, or amend, its constitution in the way prescribed under a regulation. (3) An association's constitution, or amendment of the constitution, has no effect unless it is approved by the chief executive. Part 7 Financial provisions Use of money received by association Subject to section 141(4), any money received by an association must be applied by the association, at the direction of the Minister, to the following purposes— (a) firstly, in paying expenses lawfully incurred by the association; (b) secondly, in achieving the objectives, and performing the functions, of an association. CID NHR WNe DANnNk WN KF CO 2023 25 s 137 96 s140 Education (General Provisions) Bill 2006 Association is statutory body under the Statutory Bodies Financial Arrangements Act 1982 (1) An association is a statutory body under the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B'3 sets out the way in which an association's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. Financial year An association must have a financial year starting on 1 January in a year and ending on 31 December in the year. Audit of accounts (1) Subject to the Financial Administration and Audit Act 1977, section 74,!4 the accounts of an association for each financial year must be audited as prescribed under a regulation. (2) An association must, by 31 May of the following year, give the chief executive a copy of its audited accounts for a financial year. Part 8 Relevant agreements Definition for pt 8 In this part— relevant agreement, for an association, means an agreement benefiting persons who receive educational instruction at the State instructional institution for which the association is formed. Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act and relationship with other Acts) Financial Administration and Audit Act 1977, section 74 (Exemption of certain public sector entities from audit by auditor-general) AAIADN BW Ne CID NASW WY 21 2325 s141 97 s 142 Education (General Provisions) Bill 2006 Power to enter into relevant agreements d) (2) (3) (4) (5) (6) Despite this Act or another Act, the Minister and an association, acting jointly or severally, may enter into a relevant agreement with any person. If an association alone proposes to enter into a relevant agreement, before entering into the agreement, it must obtain the written approval of the Minister authorising it to enter into the agreement. An approval under subsection (2) may be given— (a) generally for a type of agreement; or (b) for a particular agreement. An association must deal with any money it receives under a relevant agreement— (a) as the Minister directs; or (b) otherwise—as the association believes appropriate, consistent with the objectives of an association. A relevant agreement entered into by an association must contain any conditions required by the Minister by notice— (a) given to the association; or (b) _ published in the gazette. The conditions may relate to a stated relevant agreement or relevant agreements of a stated type. President to sign relevant agreement for an association If an association makes a resolution to enter into a relevant agreement, the association's president may sign the agreement for the association. 0 OAIADN PWN C0 ON DN fF WN KF CO iS) Oo NW NOR 25 s 143 98 s 146 Education (General Provisions) Bill 2006 Part 9 General provisions 143 Regulation may provide for membership (1) A regulation may make provision about the way in which a person becomes a member of an association. (2) Subsection (1) is subject to section 122.!5 (3) However, a person's membership of an association is renewable each year at the annual general meeting of the association. (4) A person who is refused membership of an association may make a submission to the Minister about the refusal, and appeal to a Magistrates Court, as if the person had been a member of the association and been removed from the association. 144 Register of members An association must establish and maintain a register of members of the association in the way prescribed under a regulation. 145 'Protection from liability (1) A member of an association does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to a member of an association, the liability attaches instead to the State. 146 Association may employ An association may employ the persons it considers necessary to achieve the objectives of an association. 15 Section 122 (Formation of parents and citizens association) 0 MAAD NA PW WN WNrRO ADAM fF 21 2327 s147 99 s149 Education (General Provisions) Bill 2006 Mandatory insurance cover An association must purchase and maintain the insurance cover required by the chief executive by notice published from time-to-time in the gazette. Proceedings d) (2) (3) (4) (5) (6) 7) A proceeding may be started, and conducted, in the name of an association by— (a) _ the association's president; or (b) another member of the association appointed in writing for this subsection by the president. However, the Minister's approval must be obtained before starting the proceeding. A proceeding may be started, and conducted, against an association in its name. A document starting proceedings against an association under subsection (3), and any other document relevant to the proceedings, must be served on a member of the association's executive committee. As soon as practicable after being served with a document under subsection (4), the person served with the document must give the chief executive a copy of the document. The Minister may give an association a written direction about a proceeding started by or against the association under this section. The association must comply with the direction. Notice of claim given under Personal Injuries Proceedings Act 2002, s 9(1) d) (2) A notice of a claim required to be given to an association under the PIP Act, section 9(1) must be given to a member of the association's executive committee. As soon as practicable after receiving a notice of a claim under subsection (1), the person who receives the notice must give the chief executive a copy of the notice. BRWN oO mrntnn STO OINDUN PW NK CO Nw — N N NY NN nN BW 27 2932 s 150 100 s 151 Education (General Provisions) Bill 2006 (3) The Minister may give an association a written direction about a notice of a claim given to the association under the PIP Act, section 9(1). (4) The association must comply with the direction. (5) In this section— claim see the PIP Act, schedule. PIP Act means the Personal Injuries Proceedings Act 2002. Authority of an association (1) Subsection (2) applies to a State instructional institution for which an association is formed. (2) Without derogating from the authority of the institution's principal in the principal's capacity as the person in charge of the institution, the association may exercise the authority in relation to the institution that is consistent with the functions of an association. (3) An association must not exercise any authority over the teaching staff, or over the control or management, of the State instructional institution for which the association is formed. Disclosure of interests by members of an association (1) This section applies to a member of a relevant entity (the interested member) if— (a) the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the entity; and (b) _ the interest could conflict with the proper performance of the interested member's duties in relation to the consideration of the issue. (2) As soon as practicable after the relevant facts come to the interested member's knowledge, the interested member must disclose the nature of the interest to a meeting of the entity. (3) Unless the entity otherwise directs, the interested member must not— (a) be present when the entity considers the issue; or oo \o CID NMPWNK CO 21 23262932 s 152 (4) (5) (6) 7) (8) 101 s 152 Education (General Provisions) Bill 2006 (b) _ take part in a decision of the entity about the issue. The interested member must not be present when the entity is considering whether to give a direction under subsection (3). If there is another member of the entity who must, under subsection (2), also disclose an interest in the issue, the other member must not— (a) be present when the entity is considering whether to give a direction under subsection (3); or (b) take part in making the decision about giving the direction. If— (a) because of this section, a member of the entity is not present at an entity meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum for the entity if the member were present; the remaining members present are a quorum for the entity for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. A disclosure under subsection (2) must be recorded in the entity's minutes. In this section— relevant entity means— (a) an association; or (b) the executive committee, or a subcommittee, of an association. 152 Honorary life membership of an association d) An association, other than an interim parents and citizens association, may decide to award honorary life membership of the association to a person who is or was a member of the association. C0 ANI DANK WN iS) COM AND NUPWNY fF CO NW Noe NY we N nn B&B Ww NW mon 3032 s 153 (2) (3) (4) Part 10 102 s 153 Education (General Provisions) Bill 2006 The only basis for the award may be that the person has given long and meritorious service to the association. The decision must be made by a two-third majority vote of the members present at an annual general meeting of the association. A person who is the subject of a proposed resolution to award the person honorary life membership of an association must not— (a) be present during discussions about the proposal, or voting on it, at a meeting of the association; and (b) if the person is a member of the association—exercise the member's right to vote on the proposal, despite section 133(2). Removal of members and officers of an association 153 Definitions for pt 10 In this part— nominated person, for an association, means a person who is a member, or a member and officer, of the association. notice of removal means a notice, under section 156(3), from an association to a nominated person for the association removing the nominated person. remove, a nominated person for an association, means— (a) if the person is a member only of the association—remove the person as a member of the association; or (b) if the person is a member of the association and one of its officers—remove the person as a member and officer of the association, or as an officer of the association only. removed person see section 157(1). CDAD NPW NK i) So til ondilon WNre n omnia 22 252830 s154 103 s 156 Education (General Provisions) Bill 2006 154 Removal of nominated person An association may remove a nominated person for the association only under this part. 155 Grounds for removal Each of the following is a ground for removing a nominated person for an association— (a) the nominated person is convicted of an indictable offence; (b) the nominated person, without reasonable excuse, contravenes this Act or the association's constitution; (c) for a nominated person who is an officer of the association—the nominated person, without reasonable excuse, fails to perform the duties of the office held in a competent manner; (d) the nominated person engages in other conduct that is injurious or prejudicial to— (i) the promotion of the interests of, or the facilitating of the development and further improvement of, the State instructional institution, or proposed State instructional institution, for which the association is formed; or (ii) the good order and management of the State instructional institution, or proposed State instructional institution, for which the association is formed. 156 Procedure for removal of nominated person (1) If an association considers a ground exists to remove a nominated person for the association, the association must give the nominated person a notice stating the following — (a) the action (the proposed action) the association proposes taking under this part; (b) _ the grounds for the proposed action; Wn io ON AN F NX COMI AN FPWNFK CO N — NWNnNnbwd nABWN 2831 s 156 (2) (3) (4) (5) (6) 104 s 156 Education (General Provisions) Bill 2006 (c) (d) an outline of the facts and circumstances forming the basis for the grounds; an invitation to the nominated person to show, within a stated time of at least 14 days, why the proposed action should not be taken. If, after considering all written representations made within the stated time, the association still considers a ground to take the pr (a) (b) (c) oposed action exists, the association may— if the proposed action was to remove the nominated person as a member only—remove the nominated person as a member; or if the proposed action was to remove the nominated person as an officer only—remove the nominated person as an officer; or if the proposed action was to remove the nominated person as both a member and an officer—remove the nominated person as both a member and an officer, or as an officer only. The association must notify the nominated person of the decisi on. The notice must be given within 14 days after the association makes its decision. If the association decides to remove the nominated person, the notice must state— the reasons for the decision; and the day, under subsection (6), on which the decision takes effect; and that the person may make a submission to the Minister against the decision; and the name and address of the Minister; and the way in which the submission may be made. ecision takes effect on the later of the following— the day the notice is given to the nominated person; the day of effect stated in the notice. CAND NFW NE CO WANADN PWN KF CO NX NN Noe NN BW N n Nw NWN \o WWW WwW Ww KR wWN KF OC s 157 105 s 157 Education (General Provisions) Bill 2006 (7) However, if the nominated person is removed from office because of the conviction of the person for an indictable offence— (a) (b) the removal does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided; and the removal has no effect if the conviction is quashed on appeal. 157 Submissions against removal (1) A nominated person for an association (the removed person) removed by the association under section 156 may make a submission against the removal to the Minister. (2) (3) (4) The submission must— (a) (b) (c) (d) be in writing; and include an address in Australia to which notices for the removed person may be sent; and state fully the grounds for the submission and the facts relied on; and include a copy of the notice of removal given to the person. The submission must be given to the Minister— (a) (b) within 14 days of the notice of removal being given to the removed person; or if the Minister allows a later time for giving the submission—the later time. However, if the removed person resigns or purports to resign from the association as a member or officer after receipt of the notice of removal, the removed person may not make a submission under subsection (1). Co AN DN FF WNe So CAI HD NW PWN 22 25 27 2931 s 158 106 s 159 Education (General Provisions) Bill 2006 158 Dealing with submissions against removal d) (2) (3) If a submission is made by a removed person under section 157, the Minister must, as soon as practicable, consider the decision the subject of the submission (the removal decision) and the submission. After reviewing the removal decision, the Minister must make a further decision (the review decision) to— (a) confirm the removal decision; or (b) amend the removal decision; or (c) substitute another decision for the removal decision. The Minister must, as soon as practicable, give notice to the removed person and relevant association about— (a) the review decision; and (b) the reasons for the review decision; and (c) the removed person's right to appeal, under section 406, against the review decision, including the time within which the removed person may appeal. Chapter 8 Enrolment at State schools Part 1 Applications for enrolment Division 1 Requirements for enrolment 159 Application d) An application for the enrolment of a person (the prospective student) at a State school must— (a) be made to the school's principal; and (b) be made in the approved form; and (c) be accompanied by— COM AID NAHRWN NAN BW NK CO 23 25 s 160 (2) (3) 107 s 160 Education (General Provisions) Bill 2006 (i) _ satisfactory evidence that the applicant is eligible to apply for the enrolment; and (ii) any other documents, identified in the form, the principal reasonably requires to decide the application. The application may only be made by— (a) if the prospective student is a child—a parent of the child; or (b) if the prospective student is an adult—the prospective student. Despite subsection (2)(a), if the prospective student is a child, the principal may deal with an application for enrolment at the school made by the child if the principal reasonably believes it is in the child's best interests for the child to make the application. Enrolment d) (2) (3) Subject to subsections (2) and (3), the principal must enrol the prospective student at the school if the prospective student is entitled under this Act to be enrolled at the school. If the principal reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the principal must refer the application to the chief executive to be dealt with under division 2. If the school is a special school, the principal must refer the application to the chief executive to be dealt with under division 3. © AND NSW NK OABWNrF CO oman a 2224 26 s 161 108 s 163 Education (General Provisions) Bill 2006 Division 2 Applications relating to prospective students who are a risk to the safety or wellbeing of certain persons Application of div 2 This division applies if a State school's principal, under section 160(2), refers an application for enrolment of a prospective student at the school to the chief executive. Not a risk to safety or wellbeing d) (2) (3) Subsection (2) applies if the chief executive does not reasonably believe the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community. The chief executive must, as soon as practicable, refer the application back to the principal to be dealt with under section 160. If the application is referred back to the principal under subsection (2), section 160(2) does not apply to the application. Risk to safety or wellbeing d) If the chief executive reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the chief executive must give the applicant a notice (a show cause notice) stating the following— (a) that the chief executive proposes to decide to refuse enrolment of the prospective student at the school (the proposed action); (b) _ the grounds for the proposed action; (c) an outline of the facts and circumstances forming the basis for the grounds; w ADAM \o ow CID NEW NYKO 21232630 s 164 (2) 109 s 166 Education (General Provisions) Bill 2006 (d) an invitation to the applicant to show within a stated period (the show cause period) why the proposed action should not be taken. The show cause period must be a period ending at least 14 days after the show cause notice is given to the applicant. 164 Representations about show cause notice d) (2) The applicant may make written representations about the show cause notice to the chief executive in the show cause period. The chief executive must consider all written representations (the accepted representations) made under subsection (1). 165 Ending show cause process without further action d) (2) If, after considering any accepted representations for the show cause notice, the chief executive does not reasonably believe the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the chief executive— (a) must not take further action about the show cause notice; and (b) must, as soon as practicable, give notice to the applicant that no further action is to be taken about the show cause notice; and (c) must, as soon as practicable, refer the application back to the principal to be dealt with under section 160. If the application is referred back to the principal under subsection (1)(c), section 160(2) does not apply to the application. 166 Refusal of enrolment d) This section applies if, after considering any accepted representations for the show cause notice, the chief executive reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community. ne WNr oan a Com IANADMAHW WV 22 24 263032 s 167 (2) (3) (4) (5) 110 s 169 Education (General Provisions) Bill 2006 This section also applies if there are no accepted representations for the show cause notice. The chief executive must decide to refuse enrolment of the prospective student at the school. The chief executive must as soon as practicable— (a) give an information notice about the decision to the applicant; and (b) give the principal notice of the decision. If the chief executive decides to refuse enrolment of the prospective student at the school under this section, the decision is binding on the principal. Time limit on making another application for enrolment If the applicant is given an information notice under section 166(4), a later application for enrolment of the prospective student at the school may not be made within 1| year after the giving of the information notice. Division 3 Enrolment at special schools Application of div 3 This division applies if a special school's principal, under section 160(3), refers an application for enrolment of a prospective student at the school to the chief executive. Meaning of person with a disability d) (2) A person with a disability is a person who is decided, in accordance with a policy approved under subsection (2), to be unlikely to attain the levels of development of which the person is capable unless the person receives special education. The Minister must approve a policy about the criteria to be considered in deciding whether a person is a person with a disability. Co WOAND MN PW NK ro DAunkwW VN 21 2426 28 s170 111 s170 Education (General Provisions) Bill 2006 (3) The chief executive must keep a copy of a policy approved under subsection (2) available for inspection and permit a person— (a) to inspect the policy without fee; and (b) _ to take extracts from the policy without fee. (4) For subsection (3)— (a) acopy of the policy— (i) must be kept at the head office of the department; and (ii) may be kept at any other place the chief executive considers appropriate; and (b) the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place. (5) Also, the chief executive must supply a copy of a policy approved under subsection (2), or a part of the policy, to a person on request, without fee. (6) In addition, the chief executive must keep a copy of a policy approved under subsection (2) posted on the department's web site on the Internet. Editor's note— The department's web site address on the Internet is <www.education.qld.gov.au>. Requirements for enrolment satisfied (1) Subsection (2) applies if the chief executive is satisfied— (a) _ the prospective student is a person with a disability; and (b) the special school is able to cater for the educational needs of the prospective student. (2) The chief executive must, as soon as practicable, refer the application back to the principal to be dealt with under section 160. Com NIA DN fF WNK COM ANDN FWY KO 2528 30 112 s172 Education (General Provisions) Bill 2006 If the application is referred back to the principal under subsection (2), section 160(3) does not apply to the application. Requirements for enrolment not satisfied s171 (3)(1) (2) (3) (4) Part 2 This section applies if the chief executive is not satisfied— (a) _ the prospective student is a person with a disability; and (b) the special school is able to cater for the educational needs of the prospective student. The chief executive must decide to refuse enrolment of the prospective student at the school. The chief executive must, as soon as practicable— (a) give an information notice about the decision to the applicant; and (b) give the principal notice of the decision. If the chief executive decides to refuse enrolment of the prospective student at the school under this section, the decision is binding on the principal. Enrolment agreements Requirements relating to enrolment agreements d) (2) (3) A State school's principal must ensure an up-to-date enrolment agreement applies to the school. The principal must, before enrolling a prospective student at the school, give a copy of the enrolment agreement to— (a) if the prospective student is a child—a parent of the prospective student; or (b) if the prospective student is an adult—the prospective student. Also, the principal must try to— WNrR COC WmWON DWN Ff ADM FB WN KF OO 21 23 25 27 s173 (4) (5) (6) Part 3 113 s 173 Education (General Provisions) Bill 2006 (a) have a person who receives a copy of the enrolment agreement under subsection (2) sign the enrolment agreement and return it to the principal; or (b) obtain a written acknowledgment by a person who receives a copy of the enrolment agreement under subsection (2) that the person received a copy of the enrolment agreement. Subsection (2)(a) does not apply if the principal is satisfied it would be inappropriate in the circumstances to give a copy of the enrolment agreement to a parent of the prospective student. Example— It may be inappropriate to give a copy of the enrolment agreement to a parent of the prospective student if the prospective student is living independently of his or her parents. If subsection (4) applies, the principal must, before enrolling the prospective student at the school, give a copy of the enrolment agreement to the prospective student. In this section— enrolment agreement means a document that states the respective rights and obligations, about the education of persons at a State school, of— (a) persons enrolled at the school; and (b) _ the parents of children enrolled at the school; and (c) the staff of the school. Enrolment management plans 173 Definitions for pt 3 In this part— catchment area, for a State school, means the geographical area decided by the chief executive from which the school is to have its principal intake of students. Com ADUNH WNK CID MEW NY KO \o NW Wh NRO NY we N nn B&B Ww 28 30 s174 114 s175 Education (General Provisions) Bill 2006 effective enrolment management plan, for a State school, means an enrolment management plan that has effect for the school under section 174. enrolment management plan, for a State school, means a document stating— (a) the school's catchment area; and (b) the school's enrolment capacity for persons whose principal place of residence is outside the catchment area; and (c) the requirements for enrolment at the school to be satisfied by a person whose principal place of residence is outside the catchment area. Preparation of enrolment management plan d) (2) (3) The chief executive may prepare an enrolment management plan for a State school. As soon as practicable after preparing an enrolment management plan for a State school, the chief executive must publish a notice in the gazette stating that— (a) the enrolment management plan has been prepared; and (b) a copy of the enrolment management plan is available for public inspection, without charge— (i) during normal business hours at the department's head office; and (ii) on the department's stated web site on the Internet. An enrolment management plan, prepared under subsection (1), has effect on and from— (a) the day a notice about the enrolment management plan is published under subsection (2); or (b) a later day stated in the notice. Applicant for enrolment—residing in catchment area d) This section applies if— CAN DD WH WNe NRO CAD NH Ww \o 23 26 28 31 s 176 (2) (a) (b) (c) 115 s 176 Education (General Provisions) Bill 2006 a State school's principal receives an application, under section 159, for the enrolment of a person at the school; and there is an effective enrolment management plan for the school; and the person's principal place of residence is in the school's catchment area stated in the effective enrolment management plan. Subject to this Act, the person is entitled to be enrolled at the school. 176 Applicant for enrolment—residing outside catchment area (1) This section applies if— (2) (a) (b) (c) (d) a State school's principal receives an application, under section 159, for the enrolment of a person at the school; and there is an effective enrolment management plan for the school; and the person's principal place of residence is outside the school's catchment area stated in the effective enrolment management plan; and the school's enrolment capacity for persons whose principal place of residence is outside the catchment area, stated in the effective enrolment management plan, is not satisfied. Subject to this Act, the person is entitled to be enrolled at the school if the person satisfies the requirements for enrolment stated in the effective enrolment management plan. C0 OAD NH WNe So ONY ANB WW NE Nw ro) NWNnNnbwd nABWN NNW ona s177 Part 4 116 s179 Education (General Provisions) Bill 2006 Enrolment eligibility plans Definitions for pt 4 In this part— effective enrolment eligibility plan, for a State school, means an enrolment eligibility plan that has effect for the school under section 178. enrolment eligibility plan, for a State school, means a document stating— (a) _ the school's enrolment capacity; and (b) | the requirements for enrolment at the school. Preparation of enrolment eligibility plan d) (2) (3) The chief executive may prepare an enrolment eligibility plan for a State school. As soon as practicable after preparing an enrolment eligibility plan for a State school, the chief executive must publish a notice in the gazette stating that— (a) the enrolment eligibility plan has been prepared; and (b) a copy of the enrolment eligibility plan is available for public inspection, without charge— (i) during normal business hours at the department's head office; and (ii) on the department's stated web site on the Internet. An enrolment eligibility plan, prepared under subsection (1), has effect on and from— (a) the day a notice about the enrolment eligibility plan is published under subsection (2); or (b) a later day stated in the notice. Application for enrolment d) This section applies if— 0 OI ANA WW COMA NYA ANH WN Nw ro N N NN BW NN nun N ~ NY WV \o s 180 (a) (b) (c) 117 s 180 Education (General Provisions) Bill 2006 a State school's principal receives an application, under section 159, for the enrolment of a person at the school; and there is an effective enrolment eligibility plan for the school; and the school's enrolment capacity, stated in the effective enrolment eligibility plan for the school, is not satisfied. (2) Subject to this Act, the person is entitled to be enrolled at the school if the person satisfies the requirements for enrolment stated in the effective enrolment eligibility plan. Chapter 9 Part 1 Division 1 Compulsory schooling Compulsory schooling requirement Parents' obligations 180 Obligation of each parent (1) Each parent of a child who is of compulsory school age must— (a) (b) ensure the child is enrolled at a State school or non-State school; and ensure the child attends the State school or non-State school, on every school day, for the educational program in which the child is enrolled; unless the parent has a reasonable excuse. Maximum penalty— (a) for a first offence—6 penalty units; or Fon ND UVF WNe So COmDM AND MN 22 24 118 s 182 Education (General Provisions) Bill 2006 (b) for a second or subsequent offence, whether or not relating to the same child of the parent—12 penalty Without limiting subsection (1), it is a reasonable excuse for a parent (the relevant parent) that— (a) the child lives with another parent and the relevant parent believes, on reasonable grounds, that the other parent is complying with subsection (1); or (b) in all the circumstances, the relevant parent is not reasonably able to control the child's behaviour to the extent necessary to comply with subsection (1). Subsection (1) applies subject to parts 2 to 4.16 A child attends a State school or non-State school only if the child complies with the school's requirements about physically attending, at particular times, its premises or However, despite subsection (1)— (a) a child enrolled in a program of distance education is taken to attend the school of distance education offering the program by completing and returning the assigned work for the program; and (b) achild enrolled in an external program is taken to attend the State school or non-State school offering the program by complying with its requirements about communicating with or contacting the school for the purpose of participating in the program. Notice to, and meeting with, parent This section applies if an authorised officer reasonably s 181 units. (2) (3) 181. What is attendance d) another place. (2)() suspects— Parts 2 (Flexible arrangements), 3 (Exemption from compliance with compulsory schooling requirement) and 4 (Other circumstances in which compulsory schooling requirement does not apply) C0 OND NH WNK 30 s 183 (2) (3) (4) (5) (6) 119 s 183 Education (General Provisions) Bill 2006 (a) achild who is of compulsory school age— (i) is not enrolled at a State school or non-State school; or (ii) is not attending the State school or non-State school at which the child is enrolled, on every school day, for the educational program in which the child is enrolled; and (b) _ parts 2 to 4 do not apply to the child. The officer may give a parent of the child a notice in the approved form about the parent's obligation under section 180(1). The officer may also meet with the parent to discuss the obligation. If, despite the officer taking reasonable steps to meet with the parent under subsection (3), no meeting is held, the officer may give the parent a warning notice in the approved form. For the Police Powers and Responsibilities Act 2000, section 14,!7 an authorised officer acting under this section is a public official performing a function authorised by this Act. In this section— authorised officer means the chief executive or an officer of the department authorised by the chief executive for this section. 183 Limits on proceedings against a parent d) Proceedings for an offence against section 180(1) may be brought against a parent— (a) _ only by the chief executive or with the chief executive's consent; and (b) only if the time when the parent is alleged to have committed the offence is after— 17. Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts) Co OW ANIDNH WN CAN DANK WN KO iS) Oo NNW WNre 26 28 30 s 184 120 s 185 Education (General Provisions) Bill 2006 (i) the parent has been given a notice under section 182(2); and (ii) at least 1 meeting has been held with the parent under section 182(3) or the parent has been given a warning notice under section 182(4). (2) The chief executive (child safety) is not liable to be prosecuted for an offence against section 180(1). Division 2 Chief executive may obtain information from non-State schools 184 Notice to principal of non-State school (1) The chief executive may, by notice given to the principal of a non-State school, ask the principal for information about the enrolment or attendance at the school of a child who is of compulsory school age. (2) Without limiting subsection (1), the chief executive may ask for information that the chief executive believes may— (a) help in the investigation of an alleged contravention of section 180(1); or (b) help the chief executive or an authorised person acting under section 182; or (c) otherwise help the chief executive or an authorised person to decide whether or not a parent is contravening section 180(1). 185 Protection from liability (1) This section applies to a principal of a non-State school for complying with a request of the chief executive under section 184. (2) The principal is not civilly liable for an act done, or omission made, honestly and without negligence for complying with the request. NAD NSW NK erN AN FWNrY CO NX ow NNW WNre 2629 s 186 121 s 186 Education (General Provisions) Bill 2006 (3) If subsection (2) prevents a civil liability attaching to the principal, the liability attaches instead to the non-State school's governing body. Part 2 Flexible arrangements 186 Flexible arrangements—non-State school (1) The authorised entity for a non-State school may approve arrangements for a student enrolled at the school that are to apply to the student instead of participation in the school's educational programs in the usual way. (2) The authorised entity may approve the arrangements only if— (a) ateacher has prepared written assessments of — (i) the student's educational and other needs; and (ii) the learning outcomes that the arrangements are intended to achieve; and (iii) the suitability of each provider for the arrangements; and (b) _ the authorised entity has considered— (i) the written assessments prepared under paragraph (a); and (ii) how, and by whom, the student's participation in the arrangements is to be monitored; and (iii) how, and by whom, each provider's involvement in the arrangements is to be monitored and _ its effectiveness evaluated; and (c) the authorised entity is satisfied the arrangements are appropriate, having regard to— (i) the student's individual needs and circumstances; and w COMINID UN om INI ANN FW NY KF CO Nw ro NNN BRWN NN nn NN on s 186 (3) (4) 122 s 186 Education (General Provisions) Bill 2006 (ii) what the authorised entity considers is most likely to achieve the best learning outcomes for the student; and (iii) the desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student's participation at a level that is equivalent to full-time participation in the school's educational programs in the usual way; and (iv) any other matter prescribed under a regulation. However, the authorised entity must not approve the arrangements unless— (a) _ if the student is of compulsory school age— (i) aparent of the student has given written agreement to the arrangements; and (ii) the authorised entity has discussed the arrangements with the student to the extent the authorised entity considers appropriate, having regard to the student's age and other relevant circumstances; or (b) _ if the student is in the compulsory participation phase— (i) the student gives written agreement to the arrangements; and (ii) the authorised entity has discussed the arrangements with the student's parents to the extent the authorised entity considers is practicable and appropriate in the circumstances. The non-State school's governing body must keep, for at least 5 years after the arrangements stop applying to the student— (a) the written assessments prepared under subsection (2)(a); and (b) a record of the authorised entity's consideration of the matters stated in subsection (2)(b); and (c) | the written agreement obtained under subsection (3). CAANDUNH WNK SCOMINID NHK Ww NF CO NY WY — NN WN NHOnNW AUDWNF NW ow Ww ro WwW WN s 187 (5) (6) 123 s 187 Education (General Provisions) Bill 2006 Subsection (3)(a)(i) does not apply if the authorised entity is satisfied it would be impracticable or inappropriate in the circumstances to require the written agreement of a parent. Example— It may be inappropriate to require a parent's written agreement if the student is living independently of his or her parents. In this section— authorised entity, for a non-State school, means— (a) _ the school's governing body; or (b) a staff member of the school given written authorisation by the governing body for this section. provider, in relation to arrangements for a student, means an entity directly involved in providing a program to the student under the arrangements. student means a student who is of compulsory school age or in the compulsory participation phase. 187 Flexible arrangements—State school d) (2) The chief executive may approve arrangements for a student enrolled at a State school that are to apply to the student instead of participation in the school's educational programs in the usual way. Section 186(2), (3), (5) and (6), except the definition authorised entity, apply to the chief executive and the student as if— (a) areference to the authorised entity were a reference to the chief executive; and (b) areference to the non-State school were a reference to the State school. oOo ON DAN FF WNeK DAun BWN FO 21 2326 28 s 188 124 s 190 Education (General Provisions) Bill 2006 Part 3 Exemption from compliance with compulsory schooling requirement Division 1 Preliminary 188 Definition for pt 3 In this part— exemption means an exemption from compliance with section 180(1). Division 2 Bases for granting an exemption 189 Attendance is impossible or should not be required The chief executive may issue an exemption for a child if the chief executive is reasonably satisfied— (a) the child can not attend a State school or non-State school; or (b) it would be unreasonable in all the circumstances to require the child to attend a State school or non-State school. Division 3 Application process 190 Application for exemption (1) A parent of a child who is of compulsory school age may apply for an exemption for the child for a stated or indefinite period. (2) The application must— (a) be made to the chief executive; and (b) be in the approved form. OarNInn ADM BPW NF CO 2124 s191 125 s 193 Education (General Provisions) Bill 2006 (3) The applicant must provide any other relevant information reasonably required by the chief executive to decide the application. 191 Lapsing of application (1) The chief executive may make a requirement under section 190(3), for information to decide the application, by giving the applicant a notice stating— (a) the required information; and (b) _ the time by which the information must be given to the chief executive; and (c) _ that, if the information is not given to the chief executive by the stated time, the application will lapse. (2) The time stated must be reasonable and, in any case, at least 14 days after the requirement is made. (3) The chief executive may withdraw the requirement, or part of the requirement, at any time. (4) Before the stated time ends, the chief executive may give the applicant a further notice extending the stated time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension. (5) If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses. 192 Temporary exemption until application is decided Section 180(1) does not apply to a parent of the child until— (a) 14 days after the chief executive gives notice to the applicant under section 193; or (b) _ the application lapses. 193 Decision (1) The chief executive must consider the application and either grant, or refuse to grant, the application. WNrR Co WOANDMN Ff NY SCOmMAI AN FW NF CO NN Noe 24 26 30 s194 (2) (3) 126 s 196 Education (General Provisions) Bill 2006 If the chief executive decides to grant the application, the chief executive must as soon as practicable issue the exemption to the applicant. If the chief executive decides to refuse to grant the application, the chief executive must as soon as practicable give the applicant an information notice about the decision. Contents of exemption d) (2) This section applies if the chief executive decides to issue an exemption. The exemption must state each of the following— (a) _ the day the exemption is issued; (b) the name of the child to whom the exemption relates; (c) if the exemption does not apply for an indefinite period—the day of its expiry; (d) any conditions on which the exemption is granted. Imposition of conditions d) (2) The chief executive may, in granting the application, decide to impose conditions on the exemption that are relevant and reasonable. If the chief executive decides to issue an exemption on conditions, the chief executive must as soon as practicable give the applicant an information notice about the decision. Lesser period of exemption than that applied for d) (2) The chief executive may, in granting the application, decide to issue the exemption for a lesser period than that applied for by the applicant for the exemption. If the chief executive decides to issue an exemption for a lesser period than that applied for by the applicant for the exemption, the chief executive must as soon as practicable give the applicant an information notice about the decision. Dunk WnNr ~ \o nA BW NY FF OO oman aD 22 252830 s 197 127 s 199 Education (General Provisions) Bill 2006 Division 4 Cancellation of exemption 197 Grounds for cancellation Each of the following is a ground for cancelling an exemption for a child— (a) the ground for the issue of the exemption no longer applies to the child; or (b) acondition of the exemption has been contravened. 198 Show cause notice d) (2) (3) If the chief executive reasonably believes a ground exists to cancel the exemption for a child, the chief executive must give a parent of the child a notice under this section (a show cause notice). The show cause notice must state the following— (a) the action (the proposed action) the chief executive proposes taking under this division; (b) the ground for the proposed action; (c) an outline of the facts and circumstances forming the basis for the ground; (d) an invitation to the parent to show within a stated period (the show cause period) why the proposed action should not be taken. The show cause period must be a period ending at least 30 days after the show cause notice is given to the parent. 199 Representations about show cause notice d) (2) The parent may make written representations about the show cause notice to the chief executive in the show cause period. The chief executive must consider all written representations (the accepted representations) made under subsection (1). NAN BW WD \o ow ONIN NH NF W NRO Nw ro) NN Wh 26 28 s 200 128 s 201 Education (General Provisions) Bill 2006 200 Ending show cause process without further action If, after considering any accepted representations for the show cause notice, the chief executive no longer believes the ground to cancel the exemption exists, the chief executive— (a) must not take further action about the show cause notice; and (b) must, as soon as practicable, give notice to the parent that no further action will be taken about the show cause notice. 201 Cancellation d) (2) (3) (4) (5) (6) This section applies if, after considering any accepted representations for the show cause notice, the chief executive— (a) _ still believes the ground to cancel the exemption exists; and (b) _ believes cancellation of the exemption is warranted. This section also applies if there are no accepted representations for the show cause notice. The chief executive may decide to cancel the exemption. The chief executive must, as soon as practicable, give an information notice about the decision to the parent. The decision does not take effect until— (a) _ the last day to apply for a review of the decision; or (b) if the decision is reviewed— (i) _ the last day to appeal against the review decision; or Gi) if an appeal is started against the review decision—the day the appeal is decided. In this section— appeal, against a review decision, means appeal against the decision under chapter 15, part 2. review decision see section 396(2). COMPANI DN PWN CNN NAF WNK CO \o Nw ro RO NN WN NN nun NN on N \'o Ww ro w N s 202 129 s 204 Education (General Provisions) Bill 2006 review, of a decision, means review of the decision under chapter 15, part 1. Part 4 Other circumstances in which compulsory schooling requirement does not apply 202 ~=Activities under Commonwealth law Section 180(1) does not apply to the extent it is inconsistent with a law of the Commonwealth under which a person who is of compulsory school age may carry on an activity other than attending a State school or non-State school. 203 Home education (1) Section 180(1) does not apply to a child who is provisionally registered, or registered, for home education under part 5. (2) Also, section 180(1) does not apply to a child— (a) if an application has been made, under part 5, for the provisional registration, or registration, of the child for home education; and (b) the applicant has not been given notice of the decision oman a on the application. 204 Child's exclusion or suspension (1) Section 180(1) does not apply— (a) to achild who is excluded from all State schools; or (b) for a child who is excluded from a particular State school, during the time reasonably required, after the exclusion, for a parent of the child— (i) _ to arrange the child's enrolment with another State school or a non-State school; or COMA AND HP WN 212427 s 205 130 s 205 Education (General Provisions) Bill 2006 (ii) to provisionally register, or register, the child for home education under part 5; or (c) for a child who is excluded from particular State schools, during the time reasonably required, after the exclusion, for a parent of the child— (i) _ to arrange the child's enrolment with a State school not affected by the exclusion or a non-State school; or (ii) to provisionally register, or register, the child for home education under part 5. (2) Section 180(1)(b) does not apply— (a) for a child who is suspended from a State school at which the child is enrolled—while the child is suspended and the child's access to an educational program under section 290(2) or 295 has not been arranged; or (b) for a child who is suspended from a non-State school at which the child is enrolled—while the child is suspended. (3) In this section— excluded means excluded under chapter 12, part 4.'8 suspended means suspended under chapter 12, part 4. 205 Child's illness (1) Section 180(1)(b) does not apply to a child for a period of not more than 10 consecutive school days during which the child is too ill to attend the State school or non-State school at which the child is enrolled. Note— For a child who is prevented by illness from attending school for a longer period, see part 3 for the chief executive's power to grant an exemption from compliance with section 180(1) for the child. 18 Chapter 12 (Good order and management of State educational institutions and non-State schools), part 4 (Suspension, exclusion and cancellation of enrolment of, and behaviour improvement conditions for, State school students) COND NAPW NK CAN ADANKWN YF CO Nw WY NF oO 2527 30 s 206 131 s 209 Education (General Provisions) Bill 2006 (2) A regulation may provide for the obligations of the parents of a child mentioned in subsection (1). Infectious or contagious disease or condition Section 180(1)(b) does not apply to a child who is prevented from attending school because the child is, or is a member of a class of persons that is, subject to a direction given, or declaration, order or requirement made, under an Act or other law about an infectious or contagious disease or condition. Application for enrolment pending Section 180(1) does not apply to a child— (a) if an application has been made, under section 159, for the enrolment of the child at a State school; and (b) _ the applicant has not received notice of the decision on the application. Apprentice or trainee under the VETE Act Section 180(1) does not apply to a child who is, or for whom an arrangement has been made for the child to become, an apprentice or trainee under the VETE Act. Part 5 Home education Division 1 Preliminary Definitions for pt 5 In this part— home education, for a child, means the education of the child provided by 1 or both of the child's parents, or a registered teacher, primarily at the child's usual place of residence. NOR AADMNH W RW NF CO COrIAID NN 22 24 s 210 132 s211 Education (General Provisions) Bill 2006 provisional registration, of a child for home education, means the provisional registration of the child for home education under section 211. registration, of a child for home education, means the registration of the child for home education under section 217. standard conditions of registration see section 221(1). 210 Whois eligible for provisional registration or registration A child who is of compulsory school age, or in the compulsory participation phase, is eligible for provisional registration, or registration, for home education. Division 2 Applications for provisional registration 211 ~— Provisional registration (1) An application for provisional registration of a child for home education must— (a) be made in writing to the chief executive; and (b) state— (i) _ the applicant's name; and (ii) the child's name and date of birth; and (iii) the address of the child's usual place of residence; and (c) be accompanied by evidence, satisfactory to the chief executive, that— (i) _ the child is eligible for provisional registration for home education; and (ii) the applicant is a parent of the child. (2) The chief executive must, as soon as practicable after receiving the application, notify the applicant that the child is provisionally registered for home education. Dn nN WnNnre ~ \o s 212 133 s 212 Education (General Provisions) Bill 2006 (3) Provisional registration of the child for home education ends 60 days after the giving of the notice under subsection (2). (4) However, if an application is made for registration of the child for home education during the provisional registration period, the provisional registration continues until the day the chief executive notifies the applicant of the chief executive's decision on the application. (5) An application under this section may relate to only 1 child. Division 3 Applications for registration 212 Procedural requirements for application (1) An application for registration of a child for home education must be— (a) made to the chief executive; and (b) in the approved form; and (c) accompanied by— (i) evidence, satisfactory to the chief executive, that— (A) _ the child is eligible for registration for home education; and (B) the applicant is a parent of the child; and (ii) a summary of the educational program to be used, or learning philosophy to be followed, for the home education; and (iii) any other documents, identified in the approved form, the chief executive reasonably requires to decide the application. (2) Information in, or accompanying, the application must, if the approved form requires, be verified by a statutory declaration. (3) An application under this section may relate to only 1 child. CoADNMBW NR CI DN FW NK CO 22 2427 s 213 134 s 215 Education (General Provisions) Bill 2006 Withdrawal of application d) (2) A person may, by notice given to the chief executive, withdraw the person's application for the registration of a child for home education. If, under subsection (1), a person withdraws the person's application for the registration of a child for home education, the child's provisional registration for home education under section 216 is cancelled. Chief executive must ensure compliance with procedural requirements d) (2) (3) (4) If the chief executive considers an application for the registration of a child for home education does not comply with a procedural requirement, the chief executive must, by notice given to the applicant, require the applicant to comply with the requirement within a reasonable period, of at least 28 days, stated in the notice. However, the chief executive and applicant may, within the period stated in the notice, agree to extend the period for complying with the procedural requirement to a day (the agreed compliance day) after the end of the period stated in the notice. If the applicant does not comply with the procedural requirement within the period stated in the notice, or by the agreed compliance day, the chief executive may decide to refuse to grant the application. If the chief executive decides to refuse to grant the application— (a) the chief executive must give the applicant an information notice about the decision; and (b) the child's provisional registration for home education under section 216 is cancelled. Chief executive may require further information or documents d) If the chief executive considers further information or a document is required for deciding an application for the CDAIADMN PWN \o NY SCOmMPAI ANHRWNKY CO N — NNNN nABWN NW NO NN \o Ww ro 33 35 s 216 (2) (3) (4) (5) 135 s 216 Education (General Provisions) Bill 2006 registration of a child for home education, the chief executive may, by notice given to the applicant, require the applicant to give the information or document to the chief executive within a reasonable period, of at least 28 days, stated in the notice. The chief executive may also require the information or document to be verified by a statutory declaration. Despite subsection (1), the chief executive and applicant may, within the period stated in the notice, agree to extend the period for complying with a requirement under subsection (1) to a day (the agreed compliance day) after the end of the period stated in the notice. If the applicant does not comply with a requirement under subsection (1) within the period stated in the notice, or by the agreed compliance day, the chief executive may decide to refuse to grant the application. If the chief executive decides to refuse to grant the application— (a) the chief executive must give the applicant an information notice about the decision; and (b) the child's provisional registration for home education under section 216 is cancelled. 216 Child taken to be provisionally registered while application decided d) (2) (3) This section applies if an application is made for the registration of a child for home education. The child is provisionally registered, under this section, for home education until— (a) if the chief executive decides to grant the application—the day the decision is made; or (b) if the chief executive decides to refuse to grant the application—the day an information notice about the decision is given to the applicant under section 218(2). The chief executive must, as soon as practicable after receiving the application, notify the applicant that the child is CAN DN BWNR Po OD ND NSBPWNY KO Nw 25 27 29 3134 s217 136 s 219 Education (General Provisions) Bill 2006 provisionally registered, under this section, for home education. Decision d) (2) The chief executive must consider an application for the registration of a child for home education and decide whether the chief executive is satisfied the standard conditions of registration will be complied with. If the chief executive is satisfied the standard conditions of registration will be complied with, the chief executive must decide to register the child for home education. Steps to be taken after application decided d) (2) If the chief executive decides to grant an application for the registration of a child for home education, the chief executive must as soon as practicable issue a certificate of registration, for the child, to the applicant. If the chief executive decides to refuse to grant an application for the registration of a child for home education, the chief executive must as soon as practicable give the applicant an information notice about the decision. Failure to decide application d) (2) (3) Subject to subsection (3), if the chief executive fails to decide an application for the registration of a child for home education within 90 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application. Subsection (3) applies if the chief executive has, under section 215(1), required an applicant for the registration of a child for home education to give the chief executive further information or a document. The chief executive is taken to have decided to refuse to grant the application if the chief executive fails to decide the application within 90 days after the chief executive receives the further information or document. N Om ADMAH W COMIN D NHPWN 22242729 3133 s 220 137 s 221 Education (General Provisions) Bill 2006 220 Minimum details to be recorded on certificate of registration A certificate of registration of a child for home education must include at least the following— (a) (b) (c) (d) Division 4 the child's name and date of birth; the address of the child's usual place of residence; the names of the child's parents; any conditions of registration imposed by the chief executive. Conditions of registration 221 Standard conditions (1) The registration of a child for home education is subject to the following conditions (the standard conditions of (2) registration)— (a) the child's parents must ensure the child receives a high-quality education; (b) a parent of the child must give to the chief executive a written report on the educational progress of the child while undertaking home education; (c) a parent of the child must notify the chief executive of any change in the address of the child's usual place of residence within 28 days after the change happens. A report mentioned in subsection (1)(b) must— (a) (b) (c) be given to the chief executive at least 2 months, but not more than 3 months, before each anniversary of the registration; and be in the approved form; and be accompanied by any other documents, identified in the approved form, the chief executive reasonably requires. COmANANI DN PW NK COmMANI AUN BPWN NNW NRO N w NNN oes N ~ WNW laeNeone <) s 222 138 s 223 Education (General Provisions) Bill 2006 Imposition of conditions d) (2) The chief executive may, in granting an application for the registration of a child for home education, decide to impose conditions on the registration that are relevant and reasonable. If the chief executive decides to impose conditions on the registration, the chief executive must as soon as practicable give the applicant an information notice about the decision. Changing conditions d) (2) (3) (4) (5) The chief executive may change the conditions of the registration of a child for home education imposed by the chief executive if there is a reasonable basis to make the change. Before deciding to change the conditions, the chief executive must— (a) give notice to a parent of the child stating— (i) _ the particulars of the proposed change; and (ii) that the parent may make written submissions to the chief executive about the proposed change within a reasonable period of at least 21 days stated in the notice; and (b) have regard to written submissions made to the chief executive by the parent within the stated period. If the chief executive decides to change the conditions, the chief executive must as soon as practicable give the parent an information notice about the decision. If the chief executive decides to change the conditions, the change takes effect on the day an information notice about the decision is given to the parent and does not depend on a replacement certificate of registration being issued under section 224. The power of the chief executive under subsection (1) includes the power to add conditions to the registration of a child for home education that is not subject to conditions imposed by the chief executive. ADM PWN \o ow NX SCOmMINI DN BPW NFR OO NW NOR NNN On & W& WNNUNNWY COMND WWWW BRWNF s 224 139 s 226 Education (General Provisions) Bill 2006 224 ~Replacing certificate of registration d) (2) (3) This section applies if a child's parent receives an information notice, under section 223(3), about a decision relating to a change of the conditions of the registration of the child for home education. The parent must return the certificate of registration to the chief executive within 14 days after receiving the notice. On receiving the certificate, the chief executive must issue another certificate of registration to the parent to replace the certificate returned to the chief executive. Division 5 Cancellation of registration 225 Grounds for cancellation Each of the following is a ground for cancelling the registration of a child for home education— (a) a parent of the child has contravened a condition of the registration; (b) _ the chief executive is not reasonably satisfied about the educational progress being made by the child; (c) _ the child was registered because of a materially false or misleading representation or declaration. 226 Show cause notice d) (2) If the chief executive reasonably believes a ground exists to cancel the registration of a child for home education, the chief executive must give a parent of the child a notice under this section (a show cause notice). The show cause notice must state the following— (a) the action (the proposed action) the chief executive proposes taking under this division; (b) the ground for the proposed action; (c) an outline of the facts and circumstances forming the basis for the ground; Com NAD NHPWN So CO ON DAMN FW WN iS) 2325 28 31 s 227 (3) 140 s 229 Education (General Provisions) Bill 2006 (d) an invitation to the parent to show within a stated period (the show cause period) why the proposed action should not be taken. The show cause period must be a period ending at least 30 days after the show cause notice is given to the parent. Representations about show cause notice d) (2) The parent may make written representations about the show cause notice to the chief executive in the show cause period. The chief executive must consider all written representations (the accepted representations) made under subsection (1). Ending show cause process without further action If, after considering any accepted representations for the show cause notice, the chief executive does not believe the ground exists to cancel the registration, the chief executive— (a) must not take further action about the show cause notice; and (b) must, as soon as practicable, notify the parent that no further action will be taken about the show cause notice. Cancellation d) (2) (3) (4) This section applies if, after considering any accepted representations for the show cause notice, the chief executive— (a) _ still believes the ground exists to cancel the registration; and (b) _ believes cancellation of the registration is warranted. This section also applies if there are no accepted representations for the show cause notice. The chief executive may decide to cancel the registration. The chief executive must as soon as practicable give an information notice about the decision to the parent. ANB WNr \o OND ONY AN BWN 2124 27 30 s 230 (5) 141 s 231 Education (General Provisions) Bill 2006 The decision takes effect on the day an information notice about the decision is given to the parent. Return of cancelled certificate of registration to chief executive d) (2) (3) (4) This section applies if— (a) _ the chief executive decides to cancel the registration of a child for home education under section 229; and (b) the decision takes effect under section 229(5). The parent must return the certificate of registration to the chief executive within 28 days after the decision takes effect. However, subsection (2) does not apply until— (a) _ the last day to apply for a review of the decision; or (b) if the decision is reviewed— (i) _ the last day to appeal against the review decision; or Gi) if an appeal is started against the review decision—the day the appeal is decided. In this section— appeal, against a review decision, means appeal against the decision under chapter 15, part 2. review decision see section 396(2). review, of a decision, means review of the decision under chapter 15, part 1. Division 6 Surrender of provisional registration or registration Surrender d) A parent of a child who is provisionally registered, or registered, for home education may, by notice given to the chief executive, surrender the provisional registration or registration. N Co WO ANIDHD NN PW SCO mWO ND UP WN KF CO NY WY — NN Wn 25 2830 s 232 (2) (3) 142 s 233 Education (General Provisions) Bill 2006 The surrender takes effect— (a) on the day the notice is given to the chief executive; or (b) if a later day of effect is stated in the notice—on the later day. If the child is registered for home education, the parent must return the certificate of registration to the chief executive within 14 days after the day the surrender takes effect. 232 Obligation to surrender (1) This section applies if a child who is provisionally registered, or registered, for home education stops receiving home education. (2) A parent of the child must— (a) as soon as practicable after the child stops receiving home education, surrender the provisional registration or registration under section 231; and (b) if, at the time of the surrender, the child is enrolled by the parent, or an application has been made by the parent for the enrolment of the child, at a State school or non-State school—when giving notice of the surrender, notify the chief executive of the enrolment or application, and the school's name. Division 7 Miscellaneous 233 Simultaneous enrolment at State school or non-State school prohibited d) (2) A child who is provisionally registered, or registered, for home education may not be simultaneously enrolled at a State school or non-State school. A child is not eligible for provisional registration, or registration, for home education while the child is enrolled at a State school or non-State school. ADNN FW NY \o wo POUOAND NRW NY FO NW N N 24 2629 s 234 Part 6 143 s 234 Education (General Provisions) Bill 2006 Employment of children 234 Employment of child who is of compulsory school age d) (2) (3) (4) (5) A parent of a child who is of compulsory school age must not employ the child, or allow the child to be employed, during the time the child is required under this chapter to attend a State school or non-State school, unless the parent has a reasonable excuse. Maximum penalty—6 penalty units. For subsection (1), a parent of a child who causes or allows the child to engage in any calling carried on by the parent by way of trade or for gain is taken to employ the child. Subsection (1) does not apply— (a) to the employment of the child— (i) under arrangements approved for the child under chapter 9, part 2; or (ii) under an apprenticeship or traineeship under the VETE Acct; or (b) while an exemption is in force for the child under chapter 9, part 3. Also, subsection (1) applies subject to a law of the Commonwealth under which a person who is of compulsory school age may be employed. A parent of a child who is of compulsory school age must not give to any of the following persons information, which the parent knows to be false, about the age of the child or any other matter to which subsection (1) or (2) relates— (a) any person employing the child; (b) any person who, after the giving of the information, employs the child; (c) any person appointed under this Act. Maximum penalty—6 penalty units. oOo DW ADMEW NV Com IND WH WN KO NNwvw NRO NNNN An WwW N ~ NW ow WwW WwW rr Oo s 235 144 s 235 Education (General Provisions) Bill 2006 Note— See the Child Employment Act 2006, part 2'° for other provisions restricting the ability of a child who is of compulsory school age to work. Chapter 10 Compulsory participation in education or training Part 1 Key terms 235 Compulsory participation phase A young person's compulsory participation phase— (a) starts when the person stops being of compulsory school age; and (b) ends when the person— (i) gains a senior certificate, certificate IM or certificate IV; or (ii) has participated in eligible options for 2 years after the person stopped being of compulsory school age; or (iii) turns 17 years. 19 Child Employment Act 2006, part 2 (Restrictions to safeguard working children) BRWN marnran FwWwN FO s 236 145 s 238 Education (General Provisions) Bill 2006 236 —_ Eligible options and providers In the following table, each of the options listed is an eligible option and the entity stated opposite is the provider for the option. eligible option provider an educational program provided under this Act a State school an educational program provided under the Education (Accreditation of Non-State Schools) Act 2001 a non-State school a higher education course under the Higher Education (General Provisions) Act 2003 a university or non-university provider a course of vocational education and training provided under the VETE Act a TAFE institute or registered training organisation an apprenticeship or traineeship under the VETE Act a registered training organisation a departmental employment skills development program under the VETE Act the VETE chief executive Part 2 Participation in a program or course 237 ~=Application of pt 2 This part applies to an eligible option other than an apprenticeship or traineeship under the VETE Act. 238 What is participation (1) A young person is participating in an eligible option only if the person is— (a) enrolled with the provider in the relevant program or course; and BRWN 12 14 s 239 (b) 146 s 240 Education (General Provisions) Bill 2006 complying with the provider's attendance requirements for the program or course. (2) The provider's attendance requirements for a program or course are the requirements about physically attending, at particular times, the provider's premises or another place. (3) However, despite subsection (2)— (a) (b) the provider's attendance requirements for a program of distance education are to complete and return the assigned work for the program; and the provider's attendance requirements for an external program are its requirements about communicating with or contacting the provider for the purpose of participating in the program or course. 239 ~='Full-time participation A reference to full-time participation in an eligible option— (a) (b) is a reference to participation in an eligible option at a level that is full-time under the requirements of the option; and includes part-time participation in 2 or more eligible options to an extent that is at least equivalent to full-time participation in 1 option. Example for paragraph (b)— A young person is participating part-time in an educational program at a State school or non-State school (the school program) and part-time in a course of vocational education and training at a TAFE institute (the VET course). The levels of the young person's participation are— ¢ 60% of full-time participation in the school program ¢ 40% of full-time participation in the VET course. 240 Allowed absence A young person's participation in an eligible option is taken to continue during an absence allowed under the requirements of the option. CAN DD NPW NE WNrRO NX CO OND WN fF 2426 2832 s 241 147 s 242 Education (General Provisions) Bill 2006 Example— A person enrolled in an educational program at a State school is absent for a day because of illness. 241 Suspension or exclusion d) (2) (3) Part 3 If a young person participating in an eligible option stops attending the provider because the person has been suspended from the provider, the person's participation in the option is taken to continue during the period of the suspension. Subsection (1) does not apply to suspension from a State school under chapter 12, part 4, division 1 or 22° if the person has been placed in an educational program under section 290(2) or 295. Note— Section 238(1) and (3)(b) provide for how the person participates in the educational program. If a young person participating in an eligible option stops attending the provider because the person has been excluded from the provider, the person is taken for this chapter to be continuing to participate in an eligible option, at the same level as before the exclusion, for the time reasonably required for the person to resume participation in an eligible option. Participation in an apprenticeship or traineeship 242 'Participation in an apprenticeship or traineeship d) This section applies to a young person who is an apprentice or trainee under the VETE Act. 20 Chapter 12 (Good order and management of State educational institutions and non-State schools), part 4 (Suspension, exclusion and cancellation of enrolment of, and behaviour improvement conditions for, State school students), division 1 (Suspension of students) or 2 (Exclusion of students by principals' supervisors) WN Oo ONAN fF POOAND WP W NFO NW 23 26 s 243 (2) Part 4 148 s 244 Education (General Provisions) Bill 2006 The person is taken to be participating full-time in an apprenticeship or traineeship under the VETE Act. Parents' obligation 243 Obligation to ensure participation d) (2) Each parent of a young person in the compulsory participation phase must ensure the young person is participating full-time in an eligible option, unless the parent has a reasonable excuse. Maximum penalty— (a) fora first offence—S penalty units; or (b) for a second or subsequent offence, whether or not relating to the same child of the parent—10 penalty units. Without limiting subsection (1), it is a reasonable excuse for a parent (the relevant parent) that— (a) the young person lives with another parent and the relevant parent believes, on reasonable grounds, the other parent is ensuring the young person participates full-time in an eligible option; or (b) in all the circumstances, the relevant parent is not reasonably able to control the young person's behaviour to the extent necessary to ensure the young person participates full-time in an eligible option. 244 Exceptions to obligation d) (2) Section 243(1) does not apply to the extent provided under an exemption in force under part 5. Section 243(1) does not apply if— (a) the young person is in paid employment for at least 25 hours each week; or 0 OINDMN FS CAND NAH WNKF CO NNNWW WNrRO 26 29 s 245 (3) (4) (5) (6) 149 s 245 Education (General Provisions) Bill 2006 (b) the young person is in paid employment for less than 25 hours each week, or unpaid employment, under an employment exemption. Section 243(1) does not apply if the young person is enrolled with an entity providing a non-departmental employment skills development program and attending the entity for the program. Section 243(1) does not apply to the extent of any inconsistency with a law of the Commonwealth under which a young person in the compulsory participation phase may carry on an activity other than participating full-time in an eligible option. Section 243(1) does not apply if the young person is provisionally registered, or registered, for home education under chapter 9, part 5. In this section— employment exemption means an employment exemption in force under the VETE Act, chapter 5, part 3, division 5A.?! 245 Notice to, and meeting with, parent d) (2) (3) (4) This section applies if an authorised officer reasonably suspects a young person is in the compulsory participation phase and is not participating full-time in an eligible option. The officer may give a parent of the young person a notice in the approved form about the parent's obligation under section 243(1). The officer may also meet with the parent to discuss the obligation. If, despite the officer taking reasonable steps to meet with the parent under subsection (3), no meeting is held, the officer may give the parent a warning notice in the approved form. 21 VETE Act, chapter 5 (Ombudsman, board and council), part 3 (Training and employment recognition council), division 5A (Deciding employment exemptions) Com ADNH WNKe CID NASW NRO 212427 29 s 246 150 s 246 Education (General Provisions) Bill 2006 (5) For the Police Powers and Responsibilities Act 2000, section 14,"2 an authorised officer acting under this section is a public official performing a function authorised by this Act. (6) In this section— authorised officer means the chief executive or an officer of the department authorised by the chief executive for this section. 246 _Limits on proceedings against a parent (1) Proceedings for an offence against section 243(1) may be brought against a parent— (a) _ only by the chief executive or with the chief executive's consent; and (b) only if the time when the parent is alleged to have committed the offence is after— (i) the parent has been given a notice under section 245(2); and (ii) at least 1 meeting has been held with the parent under section 245(3) or the parent has been given a warning notice under section 245(4). (2) The chief executive (child safety) is not liable to be prosecuted for an offence against section 243(1). 22 Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts) ADM FF WNe \o wo NW FPO OMNI AN FW NK CO s 247 151 s 248 Education (General Provisions) Bill 2006 Part 5 Exemptions from compliance with compulsory participation requirements Division 1 Bases for granting an exemption 247 ~— Explanation This division states the bases on which the chief executive may grant an exemption from the requirement that a young person participate in an eligible option. 248 'Participation is impossible or should not be required (1) The chief executive may grant an exemption fully excusing a young person from participation if the chief executive is satisfied— (a) the young person can not participate in any eligible option; or (b) it would be unreasonable in all the circumstances to require the young person to participate in any eligible option. (2) The chief executive may grant an exemption partially excusing a young person from participation if the chief executive is satisfied— (a) the young person can not participate in any eligible option at a full-time level; or (b) it would be unreasonable in all the circumstances to require the young person to participate in any eligible option at a full-time level. DarID NN \o NY SCOmW ADM PW NFO NW NOR NNN On & W& s 249 152 s 250 Education (General Provisions) Bill 2006 Division 2 Application process Application for exemption d) (2) (3) (4) (5) A young person, or a parent of a young person, may apply to the chief executive for an exemption from the requirement that the young person participate in an eligible option. The application must— (a) bein the approved form; and (b) _ state the period for which the exemption is sought; and (c) for an application by a young person—include the signed consent of a parent of the young person. However, subsection (2)(c) does not apply if the chief executive is satisfied it would be inappropriate in all the circumstances to require the signed consent of a parent. Example— an application by a young person living independently of his or her parents The applicant must provide any other relevant information reasonably required by the chief executive to decide the application. Example— If exemption is sought because the young person is suffering an illness, the information required under this subsection may include stated medical evidence. The chief executive must decide the application as soon as practicable. Lapsing of application d) The chief executive may make a requirement under section 249(4) by giving the applicant a notice stating— (a) the required information; and (b) _ the time by which the information must be given to the chief executive; and Co mWmnN DD NFW NY COomNI AN fF WNK CO NX So NN Noe N w Nw ns 28 31 s 251 (2) (3) (4) (5) 153 s 252 Education (General Provisions) Bill 2006 (c) _ that, if the information is not given to the chief executive by the stated time, the application will lapse. The time stated must be reasonable and, in any case, at least 14 days after the requirement is made. The chief executive may withdraw the requirement, or part of the requirement, at any time. Before the stated time ends, the chief executive may give the applicant a further notice extending the stated time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension. If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses. Temporary exemption until application is decided d) (2) If the application is made before the young person starts the person's compulsory participation phase, section 243(1) does not apply to a parent of the young person until— (a) 14 days after the chief executive gives notice to the applicant under section 252; or (b) _ the application lapses. If the application is made while an existing exemption under this part is in force for the young person, the existing exemption continues to apply until 14 days after the chief executive gives notice to the applicant under section 252, or until the application lapses. Decision d) (2) (3) The chief executive must consider the application and either grant, or refuse to grant, the application. If the chief executive decides to grant the application, the chief executive must as soon as practicable issue the exemption to the applicant. If the chief executive decides to refuse to grant the application, the chief executive must as soon as practicable give the applicant an information notice about the decision. OMANI DUN FW NK So Noe CON ANA W 2224 27 2932 s 253 154 s 255 Education (General Provisions) Bill 2006 Contents of exemption (1) This section applies if the chief executive decides to grant the exemption. (2) The exemption must state— (a) the day it is granted; and (b) | the young person to whom it relates; and (c) whether it is full or partial and, if it is partial, the extent to which the person is excused from participation; and (d) whether it applies until the end of the person's compulsory participation phase or only until a stated earlier time; and (e) any conditions on which it is issued. Imposition of conditions (1) The chief executive may, in granting the application, decide to impose conditions on the exemption that are relevant and reasonable. (2) If the chief executive decides to issue an exemption on conditions, the chief executive must as soon as practicable give the applicant an information notice about the decision. Lesser period of exemption than that applied for (1) The chief executive may, in granting the application, decide to issue the exemption for a lesser period than that applied for by the applicant for the exemption. (2) If the chief executive decides to issue an exemption for a lesser period than that applied for by the applicant for the exemption, the chief executive must as soon as practicable give the applicant an information notice about the decision. COON DUN fF WN an) N OMANI ANA W 222527 s 256 155 s 258 Education (General Provisions) Bill 2006 Chapter 11 Student accounts Part 1 Preliminary 256 Explanation and purposes (1) This chapter provides for the keeping of a record (a student account) for every young person about the person's participation in eligible options during the compulsory participation phase. (2) The purposes of keeping student accounts are— (a) to support the QSA in performing its certification functions under the QSA Act, section 13; and (b) to make information available to the chief executive to enable the chief executive to carry on planning activities and re-engagement activities. Part 2 Opening student accounts for young persons of compulsory school age 257 When an account must be opened A student account must be opened for a young person within 1 year before the start of the person's compulsory participation phase. 258 Who must open an account The following person is responsible for opening a student account for a young person— (a) if the young person is enrolled with a State school or non-State school—the principal of the school; (b) otherwise—the chief executive. wamrAnaunst W 1223 25 s 259 156 s 260 Education (General Provisions) Bill 2006 259 How an account is opened A student account is opened for a young person by giving notice to the QSA of each of the following— (a) (b) (c) (d) (f) (g) (h) (i) @) the person's name and any previous names of the person; the person's address; the person's date of birth; the person's sex; if the person has a parent—the parent's name and address; whether the person is an Aborigine or Torres Strait Islander; whether the person is a person from a non-English speaking background; the eligible option in which the person proposes to participate when the person starts the compulsory participation phase; whether the person's participation in the eligible option will be full-time; other information prescribed under a regulation. 260 Young person's telephone number (1) Subsection (2) applies if a student account is opened for a young person under section 259. (2) (3) The person opening the account may, when opening the account, give notice to the QSA of the young person's telephone number if the young person has consented to the giving of the notice. The QSA must, as soon as practicable after receiving information under subsection (2), record the information in the account. oOo mrnN ND Wn WN Com INDN FW NK CO iS) Oo 23 2527 29 s 261 Part 3 157 s 262 Education (General Provisions) Bill 2006 Student account phase 261 The student account phase A young person is in the student account phase if— (a) (b) the person is in the compulsory participation phase; or the person is not yet in the compulsory participation phase but a student account has been opened for the person. 262 Obligation to notify enrolment If a young person in the student account phase enrols in a program or course with a provider, the provider must give notice to the QSA of the following information— (a) (b) (c) (d) (e) (f) (g) (h) (i) the person's name and any previous names of the person; the person's address; the person's date of birth; the eligible option in which the person is participating, or proposes to participate, by enrolling in the program or course; the components of the eligible option being undertaken, or proposed to be undertaken, by the person; the date of enrolment in the program or course; the date the person started, or proposes to start, to comply with the provider's attendance requirements for the program or course; whether the person's participation in the eligible option is, or will be, full-time; the name, and type, of the provider. ADM fF WW \o ow SCO OND NUN BP WN FO NY WwW — NNN BRWN NN nun N ~ s 263 158 s 265 Education (General Provisions) Bill 2006 Obligation to open an account d) (2) (3) This section applies if the QSA receives a notice under section 262 about a young person who is in the compulsory participation phase but does not have a student account. The QSA may give the provider a notice asking it to open a student account for the young person. On receiving the request, the provider must open a student account for the young person by giving notice to the QSA of the following information relating to the person— (a) the information mentioned in section 259(a) to (g) and Gs (b) | the eligible option of the provider in which the person is participating or proposes to participate; (c) whether the person's participation in the eligible option is, or will be, full-time; (d) any other eligible options in which the person is participating, or has participated, since starting the compulsory participation phase of which the provider is aware. Young person's telephone number d) (2) (3) Subsection (2) applies if a student account is opened for a young person under section 263(3). The provider opening the student account may, when opening the account, give notice to the QSA of the young person's telephone number if the young person has consented to the giving of the notice. The QSA must, as soon as practicable after receiving information under subsection (2), record the information in the account. Obligation to notify other matters d) This section applies to a provider with which a young person in the student account phase is enrolled. COMPANI DN PWN CAND NAH WN KO 22 2426 2832 s 266 159 s 267 Education (General Provisions) Bill 2006 (2) The provider must give notice to the QSA, at the times prescribed under a regulation, of the following matters— (a) if the provider is aware that information, previously notified to the QSA under this chapter, has changed or is incorrect—the new or correct information; (b) _ if the person stops being enrolled with the provider—the date the person stopped being enrolled with the provider; (c) if the person dies and the provider is aware of the death—the death. Note— The provider is also required to give the QSA certain information about the person's results. See the QSA Act, section 18A. (3) Subsection (2)(a) does not apply to information mentioned in section 259(h). 266 Chief executive of VETE department may give notice on behalf of certain providers (1) This section applies to a provider that is a TAFE institute or registered training organisation. (2) The provider complies with a requirement under this part to give notice to the QSA if, with the written agreement of the VETE chief executive, it gives the relevant information to the VETE chief executive and asks the VETE chief executive to give the notice on its behalf. Part 4 Use and disclosure of information 267 ~Use and disclosure by the QSA (1) The QSA may use student account information to perform its certification functions under the QSA Act, section 13. 0 OAD WHPW NK nk WN KF © on NW 2224 26 29 s 267 (2) (3) (4) (5) (6) 7) (8) 160 s 267 Education (General Provisions) Bill 2006 To enable the QSA to ensure the accuracy of information recorded in a person's student account, the QSA may disclose student account information about the person to a provider. To enable the chief executive to carry on planning activities, the QSA must give the chief executive the aggregated information that the chief executive asks for. The QSA must include, in its annual report for a financial year under the Financial Administration and Audit Act 1977, the details of each request under subsection (3) received during the financial year. To enable the chief executive to carry on re-engagement activities, the QSA must give the chief executive any of the prescribed information that the chief executive asks for about a stated young person or all young persons who, according to the person's student account or the persons' student accounts— (a) is or are in the compulsory participation phase; and (b) _ has or have stopped being enrolled with a provider; and (c) after a period of at least 3 months, has or have not re-enrolled with a provider. If details of the name and address of a young person's parent are recorded in a student account for a young person in the compulsory participation phase, to help the parent comply with section 243(1), the QSA must give the parent access to student account information about the person. If there is a student account for a person, the QSA must give the person access to the information recorded in the account. In this section— prescribed information, about a young person mentioned in subsection (5), means the following information recorded in the person's student account— (a) name and any previous names; (b) address and telephone number; (c) date of birth; (d) the date the person stopped being enrolled with the provider; CAN ANH WHR ern ANBWNF OC NX ow NNNNN nABRWNR NW mon N oo Wwh ro) Ww W WwW KRW WN WwW nM s 268 (e) (f) (g) (h) 161 s 268 Education (General Provisions) Bill 2006 any eligible option in which the person is participating and the components of the eligible option being undertaken by the person; the name, and type, of the provider for an eligible option mentioned in paragraph (e); any eligible option in which the person was participating immediately before the person stopped being enrolled with the provider and the components of the eligible option that were being undertaken by the person; the name, and type, of the provider for an eligible option mentioned in paragraph (g). student account information means information recorded in a student account. 268 Disclosure by chief executive to appropriate entities To help in carrying on re-engagement activities, the chief executive may disclose the following information about a young person in the compulsory participation phase to an entity the chief executive considers appropriate— (a) (b) (c) (d) (e) name and any previous names; address; date of birth; the last eligible option in which the young person participated, so far as the chief executive is aware; other information prescribed under a regulation. Examples of entities that may be appropriate— a provider a youth support entity a human services entity CAND NHK WNKE WN Fo C0 OINDMN FS 21 23 2527 s 269 162 s 273 Education (General Provisions) Bill 2006 Part 5 Involvement of certain non-State school entities 269 _ Entities to which this part applies This part applies to the following entities— (a) the Association of Independent Schools of Queensland Inc.; (b) | the Queensland Catholic Education Commission; (c) the VETE chief executive. 270 ~=Consultation about planning The chief executive must consult regularly with the entities for the purpose of carrying on planning activities. 271 Consultation about proposed regulations The Minister must consult with the entities before recommending to the Governor in Council the making of a regulation under section 259(j), 265(2) or 272.2 272 Aggregated information The QSA must give each of the entities, at the times prescribed under a regulation, the aggregated information prescribed under a regulation relating to the entity. Part 6 Miscellaneous 273 Student visa holder (1) This section applies despite parts 2 and 3. 23 Section 259 (How an account is opened), 265 (Obligation to notify other matters) or 272 (Aggregated information) marAN ANN fF W nk wW WN omrn a 22 s 274 163 s 276 Education (General Provisions) Bill 2006 (2) An entity must not open a student account for a student visa holder, or give notice to the QSA of the enrolment of a student visa holder, without the holder's written agreement. 274 ~~ Closing of account (1) This section applies if— (a) astudent account is opened for a young person; and (b) _ the person dies. (2) The QSA must, as soon as practicable after becoming aware of the death, close the account. 275 'Transitional To remove any doubt, it is declared that, despite section 235," a young person is not in the compulsory participation phase if the person turned 15 years or completed year 10 before 1 January 2006. 276 Confidentiality (1) This section applies to a person (the relevant person)— (a) who is or has been— (i) _ the chief executive or a public service employee in the department; or (ii) an employee of a provider; or (iii) an employee of the QSA; or (iv) an entity, or an employee of an entity, to whom the chief executive has given information under section 268;25 and (b) who, in the course of the administration of chapter 10 or this chapter, or because of opportunity provided by the administration, has gained or has access to personal 24 Section 235 (Compulsory participation phase) 25 Section 268 (Disclosure by chief executive to appropriate entities) w om nt Dn sf BRWNr CO om rn nn 21 2326 s277 (2) (3) (4) 164 s277 Education (General Provisions) Bill 2006 information about a young person in the student account phase. The relevant person must not make a record of the information or disclose the information to anyone else, other than— (a) for a purpose of chapter 10 or this chapter; or (b) with the consent of the person to whom the information relates; or (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or (d) as permitted or required by another Act. Maximum penalty—S0 penalty units. Subsection (2) continues to apply to personal information about a young person in the student account phase after the phase ends. In this section— disclose, information, includes give access to the information. employee, of a provider, the QSA or another entity, includes— (a) aperson appointed to a position with the entity; and (b) a person engaged by the entity under a contract for services; and (c) an unpaid employee of the entity. personal information means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. Delegation by chief executive d) The chief executive may delegate the chief executive's powers under chapter 10 or this chapter to an appropriately qualified officer or employee of the department or the VETE department. © AND NSW NK Co mWmrN ANF WN KO iS) Oo NW Noe N w NHOnNW AUDWNF 3032 s 278 165 s 279 Education (General Provisions) Bill 2006 (2) A delegation of a power may permit the subdelegation of the power to an appropriately qualified officer or employee of the department or the VETE department. (3) In this section— appropriately qualified includes having qualifications, experience or standing appropriate to exercise the power. Example of standing— a person's classification level in the public service Chapter12 Good order and management of State educational institutions and non-State schools Part 1 Preliminary 278 _ Definition for ch 12 In this chapter— court means— (a) for an application or appeal relating to a child—the Childrens Court; or (b) otherwise—a Magistrates Court. Part 2 Behaviour plans for State schools 279 _ Definition for pt 2 In this part— CaN DN FP WNeR COND WN Ff 21 23 s 280 166 s 281 Education (General Provisions) Bill 2006 approved behaviour plan, for a State school, means a behaviour plan approved for the school under section 281(5) or 283(3). 280 Requirement for approved behaviour plan for a State school A State school's principal must ensure there is an approved behaviour plan for the school. 281 Principal is responsible for developing behaviour plan d) (2) (3) (4) (5) A State school's principal must ensure a process is established for developing a behaviour plan for the school. In developing the plan, the principal must consult with the following persons— (a) _ the parents of children enrolled at the school; (b) the school's staff and students. The plan for the school must— (a) promote a supportive environment at the school so all members of the school community may work together in developing acceptable standards of behaviour to create a caring, productive and safe environment for learning; and (b) promote an effective teaching and learning environment at the school that allows positive aspirations, relationships and values to develop; and (c) foster mutual respect among staff and students at the school; and (d) encourage all students attending the school to take increasing responsibility for their own behaviour and the consequences of their actions. Also, the plan must align with the department's policies about the management of student behaviour. The plan has no effect unless it is approved by the chief executive. WNrR AID WH \o wo iS) SOMIND HN BPW NK CO NNW WNre Nw ns NNW ona wWhd ow W WwW Nok s 282 167 s 285 Education (General Provisions) Bill 2006 Implementation of plan A State school's principal must take reasonable steps to ensure the approved behaviour plan for the school is implemented consistently, fairly and reasonably. Review of plan d) (2) (3) A State school's principal must ensure the approved behaviour plan for the school is reviewed at least once every 3 years. In reviewing the plan, the principal must consult with the following persons— (a) _ the parents of children enrolled at the school; (b) the school's staff and students. The reviewed plan has no effect unless it is approved by the chief executive. Plan to be available for inspection d) (2) A State school's principal must keep a copy of the approved behaviour plan for the school available for inspection, free of charge, by interested persons at the administration office of the school. The plan may be made available in written or electronic form. Copies of plan to be given to parents and students d) (2) As soon as practicable after a behaviour plan is approved for a State school, the school's principal must take reasonable steps to ensure a copy of the approved behaviour plan is given to— (a) a parent of each of the school's students who is a child; and (b) each other student of the school. Subsection (1)(a) does not apply in relation to a parent of a student if the principal is satisfied it would be inappropriate in the circumstances for the parent to be given a copy of the approved behaviour plan. CoO WOIND MN BRWN RW NY fF OS COmMINID WN 2326 2931 s 286 168 s 287 Education (General Provisions) Bill 2006 Example— It may be inappropriate for a parent of the student to be given a copy of the approved behaviour plan if the student is living independently of his or her parents. (3) If subsection (2) applies, the principal must take reasonable steps to ensure a copy of the approved behaviour plan is given to the student. 286 Copy of plan to be given to applicant for enrolment If a person applies to enrol someone at a State school under section 159, the principal of the school must give the person a copy of the approved behaviour plan for the school. Part 3 Detention of students enrolled at State schools 287 _ Detention (1) This section applies to a student enrolled at a State school. (2) The principal of, or a teacher at, the school may detain the student as punishment for disobedience, misconduct, wilful neglect to prepare homework or for another breach of school discipline. (3) A period of detention imposed under subsection (2) must not be more than— (a) 20 minutes during the school lunch recess; or (b) one-half hour after the school program for the day is finished. (4) However, if the principal or teacher proposes to impose a period of detention under subsection (2) on a child and the period of detention is to be served after the school program for the day is finished, the principal or teacher must inform a parent of the child of the proposed period of detention before it is imposed. NADUN BWNH 11 w OCOMDAND NO Ff 22 24 262830 s 288 169 s 289 Education (General Provisions) Bill 2006 (5) Subsection (4) does not apply if the principal or teacher is satisfied it would be inappropriate in the circumstances to inform a parent of the child of the proposed period of detention. Example— It may be inappropriate to inform a parent of the child of the proposed period of detention if the child is living independently of his or her parents. Part 4 Suspension, exclusion and cancellation of enrolment of, and behaviour improvement conditions for, State school students Division 1 Suspension of students 288 Grounds for suspension of student Each of the following is a ground for suspending a student from a State school— (a) disobedience by the student; (b) misconduct of the student; (c) other conduct of the student that is prejudicial to the good order and management of the school or State schools. 289 Suspension of student (1) This section applies if a State school's principal is reasonably satisfied a ground exists to suspend a student from the school. (2) The principal may suspend the student from the school— (a) for not more than 5 school days; or CAN ND BPWNR & wWnNnNr Oo aoarann 22 25 27 s 289 (3) (4) (5) (6) 7) 170 s 289 Education (General Provisions) Bill 2006 (b) _ if the principal is satisfied the behaviour was so serious that the suspension should be for longer than 5 school days—for not more than 20 school days. The principal must give the student a notice stating — (a) the student is suspended and the reason for the suspension; and (b) _ the period of the suspension. If the suspension is for more than 5 school days, the notice must also state— (a) the student may make a submission against the suspension to the principal's supervisor; and (b) _ the title, name and address of the principal's supervisor; and (c) _ the way in which the submission may be made. If the student is a child, as soon as practicable after the giving of the notice, the principal must take reasonable steps to— (a) if the suspension is for not more than 5 school days—contact a parent of the student to discuss the student's behaviour that led to the suspension; or (b) if the suspension is for more than 5 school days—meet with a parent of the student to discuss the student's behaviour that led to the suspension. Subsection (5) does not apply if the principal is satisfied it would be inappropriate in the circumstances to contact, or meet with, a parent of the student to discuss the student's behaviour that led to the suspension. Example— It may be inappropriate to contact, or meet with, a parent of the student to discuss the student's behaviour that led to the suspension if the student is living independently of his or her parents. If subsection (6) applies in relation to subsection (5)(b)— (a) the principal must take reasonable steps to meet with the student to discuss the student's behaviour that led to the suspension; and Com A DN FF WNe CAN DUNN FP WN KO NNW NRO NNNN Dun wW N ~ WYNN Cowon w jaa WW WW KRWN s 290 171 s 292 Education (General Provisions) Bill 2006 (b) _ the student may be accompanied by an adult during the 1 meeting. N 290 Continuing education during suspension (1) If a student of a State school is suspended from the school under section 289 for not more than 5 school days, the school's principal must take reasonable steps to ensure the student is given school work to complete during the suspension. CoC OIDNH W (2) Ifa student of a State school is suspended from the school under section 289 for more than 5 school days, the school's principal must arrange for the student's access to an educational program that allows the student to continue with the student's education during the suspension. WwNrR oO 291 Submissions against suspensions for more than 5 school days (1) A student suspended for more than 5 school days may make a submission against the suspension. (2) The submission must be made to the principal's supervisor and state fully the grounds for the submission and the facts relied on. 2 COMA AND nF 292 Dealing with submissions against suspensions 21 (1) If a submission is made under section 291 to a principal's 22 supervisor, the supervisor must immediately consider the 23 decision to suspend the student and the submission and— 24 (a) confirm the decision; or 25 (b) amend the decision; or 26 (c) set aside the decision and make a new decision in 27 substitution of the decision to suspend. 28 (2) After the supervisor has decided to confirm, amend or set 29 aside the principal's decision to suspend, the supervisor 30 must— 31 (a) as soon as practicable tell the student and principal— 32 s 293 172 s 294 Education (General Provisions) Bill 2006 (i) about the supervisor's decision; and (ii) if the supervisor's decision allows the student to return to the school earlier, or later, than if the principal's decision had been confirmed—about when the student may return to the school; and (b) within 7 days after telling the student about the supervisor's decision—give the student and principal notice of the decision and the reasons for the supervisor's decision. Division 2 Exclusion of students by principals' supervisors 293 Grounds for exclusion of student by principal's supervisor (1) Each of the following is a ground for excluding a student from a State school at which the student is enrolled or certain State schools, but not all State schools, under this division— (a) disobedience by the student; (b) misconduct of the student; (c) other conduct of the student that is prejudicial to the good order and management of the school or schools; if the student's disobedience, misconduct or other conduct is so serious that suspension of the student from the school or schools is inadequate to deal with the behaviour. (2) Also, a student may be excluded from a State school at which the student is enrolled because of the student's contravention of a behaviour improvement condition, for the student's challenging behaviour, imposed or agreed to under division 8. 294 Suspension pending dealing with recommendation for exclusion (1) This section applies if a State school's principal is reasonably satisfied grounds exist to exclude a student from the State SCOMAID NABRWN 29 31 s 294 (2) (3) (4) (5) (6) 173 s 294 Education (General Provisions) Bill 2006 school at which the student is enrolled or certain State schools. The principal may— (a) recommend to the principal's supervisor that the student be excluded from the school or schools for a stated period of not more than 1 year or permanently; and (b) suspend the student from the school at which the student is enrolled pending the supervisor's decision about the recommendation. The principal must give the student a notice (the notice recommending exclusion) stating— (a) the principal has recommended to the principal's supervisor that the student be excluded from the school or stated State schools for a stated period of not more than 1 year or permanently and the reason for the recommendation; and (b) the student is suspended from the school at which the student is enrolled pending the supervisor's decision about the recommendation; and (c) the student may make a submission to the principal's supervisor against the suspension and recommendation for exclusion no later than 5 school days after the notice is given to the student or the longer period allowed by the supervisor under section 296(3); and (d) _ the title, name and address of the principal's supervisor; and (e) _ the way in which the submission may be made. The principal must, as soon as practicable after giving the notice recommending exclusion to the student, give a copy of the notice to the principal's supervisor. If the student is a child, as soon as practicable after giving the notice recommending exclusion to the student, the principal must take reasonable steps to meet with a parent of the student to discuss the student's behaviour that led to the giving of the notice. Subsection (5) does not apply if the principal is satisfied it would be inappropriate in the circumstances to meet with a CAN DANK W NE CAN DANKWN KO NNNNW BRWNrF OO NN nun N ~ WNW laeNeone <) WW WW WwW MABWNF Ww on s 295 7) 174 s 296 Education (General Provisions) Bill 2006 parent of the student to discuss the student's behaviour that led to the giving of the notice. Example— It may be inappropriate to meet with a parent of the student to discuss the student's behaviour that led to the giving of the notice if the student is living independently of his or her parents. If subsection (6) applies— (a) the principal must take reasonable steps to meet with the student to discuss the student's behaviour that led to the giving of the notice; and (b) _ the student may be accompanied by an adult during the meeting. 295 Continuing education during suspension If a student of a State school is suspended under section 294 from the school, the school's principal must arrange for the student's access to an educational program that allows the student to continue with the student's education during the suspension. 296 Submissions against suspension and recommendation for exclusion d) (2) (3) A student given a notice recommending exclusion may make a submission against the suspension and recommendation for exclusion in the way stated in the notice. The submission must— (a) be made to the principal's supervisor no later than 5 school days after the notice is given to the student; and (b) _ state fully the grounds for the submission and the facts relied on. If, within 5 school days after the notice is given to the student, the student or another person who may make a submission in relation to the notice asks the supervisor for a longer period to Com NA ANS WNKE So NOR ADAAIADNDNA WwW 2226 28 30 s 297 175 s 297 Education (General Provisions) Bill 2006 make the submission, the supervisor may, by notice given to the student or other person, state a longer period allowed for submissions. 297 _ Exclusion of student by principal's supervisor d) (2) (3) If— (a) a State school's principal, under section 294(2), recommends to the principal's supervisor that a student of the school be excluded from the school or certain State schools for a period or permanently and gives the student a notice recommending exclusion; and (b) the period of 5 school days after the day the student was given the notice, or the longer period allowed by the supervisor under section 296(3), has expired and the supervisor— (i) has not, before the expiry, received a submission against the suspension and recommendation for exclusion; or (ii) has received a submission before the expiry and considered the submission; and (c) | the supervisor is reasonably satisfied a ground exists to exclude the student from the school or schools; the supervisor may, no later than 20 school days after the day the notice was given to the student, exclude the student from the school or schools for a period of not more than 1 year or permanently. Also, even though a State school's principal did not recommend to the principal's supervisor that a student of the school be excluded from the school or certain State schools, the supervisor may exclude the student from the school or certain State schools for a period of not more than 1 year or permanently, if the supervisor is reasonably satisfied grounds exist to exclude the student from the school or schools under section 293(1). If the supervisor decides, under subsection (1) or (2), to exclude a student of a State school from the school or certain WwWhd CAND MN F Com ADDN PWNF CO Nw re Oo NWNNnN nA BR WN WWWWNNNW WNrOUOAND WwW ns s 298 (4) (5) 176 s 298 Education (General Provisions) Bill 2006 State schools, the supervisor must give the student a notice stating— (a) the student is excluded from the school or schools for a stated period of not more than 1 year or permanently and the reason for the exclusion; and (b) that the student may make a submission to the chief executive, asking the chief executive to review the decision under division 5; and (c) the title, name and address of the chief executive; and (d) the way in which the submission may be made. The supervisor may not decide, under subsection (1), to exclude a student of a State school for a longer period than the period of the proposed exclusion stated in the notice recommending exclusion given to the student. The supervisor's power under subsection (1) or (2) to exclude a student of a State school from certain State schools applies in relation to a State school (the relevant school) only if the supervisor is the principal's supervisor of the relevant school's principal. Decision not to exclude student d) (2) Even if the supervisor may, under section 297(1), exclude a student of a State school from the school or certain State schools on a ground mentioned in section 293(1), the supervisor may decide not to exclude the student if the supervisor is reasonably satisfied the student may be allowed to resume attendance at the school without compromising the good order and management of the school. If the supervisor decides not to exclude a student of a State school from the school or certain State schools, the supervisor must— (a) as soon as practicable tell the student and the school's principal— (i) about the decision; and (ii) that the suspension has ended and the student may resume attendance at the school; and CO AND NPW NR OMANI DN FPWNF CO 2224262932 35 s 299 (3) 177 s 300 Education (General Provisions) Bill 2006 (b) within 7 days after telling the student about the decision—give notice to the student, and the principal, about the supervisor's decision and the reasons for the decision. If the supervisor decides not to exclude a student of a State school from the school on the ground mentioned in section 293(2), the student's resumed attendance at the school remains subject to the student complying with the relevant behaviour improvement condition for the student's challenging behaviour. Meeting with excluded student's parent d) (2) (3) If a student excluded by a principal's supervisor under section 297(2) is a child, as soon as practicable after giving the notice of the exclusion under section 297(3), the supervisor or an officer of the department authorised by the supervisor must take reasonable steps to meet with a parent of the student to discuss the student's behaviour that led to the exclusion. Subsection (1) does not apply if the supervisor or officer is satisfied it would be inappropriate in the circumstances to meet with a parent of the student to discuss the student's behaviour that led to the exclusion. Example— It may be inappropriate to meet with a parent of the student to discuss the student's behaviour that led to the exclusion if the student is living independently of his or her parents. If subsection (2) applies— (a) the supervisor or officer must take reasonable steps to meet with the student to discuss the student's behaviour that led to the exclusion; and (b) _ the student may be accompanied by an adult during the meeting. Effect of exclusion on enrolment If a student is excluded under section 297 from a State school at which the student is enrolled, the enrolment is taken to be cancelled. COMAANDN PWNK So iS) SOD ADNAHWNYN NN oe NNN OB N fon NNN 'oon WwW ro 34 s 301 178 s 303 Education (General Provisions) Bill 2006 Division 3 Exclusion of students by chief executive 301 Chief executive's power to exclude student d) (2) The chief executive may, under this division, exclude a student from a State school at which the student is enrolled, certain State schools or all State schools, if the chief executive is satisfied a ground mentioned in section 302 exists for the exclusion. The chief executive may act under this division whether or not the student has already been suspended or excluded from a State school under this part. 302 Grounds for exclusion of student by chief executive The grounds for excluding a student from a State school at which the student is enrolled, certain State schools or all State schools under this division are— (a) the student's attendance at the school or schools poses an unacceptable risk to the safety or wellbeing of other students or staff of the school or schools; or (b) the student has persistently engaged in gross misbehaviour that adversely affects the education of other students of the school at which the student is enrolled. 303. Grounds for exclusion of mature age student by chief executive d) (2) This section applies to a person who— (a) is a mature age student of a mature age State school; and (b) was 18 years or more on the day of enrolment at the school. Without limiting section 302(a), each of the following is also a ground for excluding the student from the school under this division— (a) the student has been convicted of a serious offence; C0 OAINDMHA W NX SCO OND NAPW WV 22 24 26 28 30 s 304 (b) (c) 179 s 304 Education (General Provisions) Bill 2006 the student has been convicted of an offence, other than a serious offence, and the chief executive is satisfied it is an exceptional case in which it would not be in the best interests of children for the student to continue to be enrolled at the school; the student has been charged with an offence and the chief executive is satisfied it is an exceptional case in which it would not be in the best interests of children for the student to continue to be enrolled at the school. 304 Suspension pending final decision about exclusion (1) If the chief executive is reasonably satisfied a ground exists to exclude a student from a State school at which the student is enrolled, certain State schools or all State schools, and the student is not already suspended or excluded from the school or schools, the chief executive must immediately suspend the student from the school or schools pending a final decision about the exclusion. (2) The chief executive must give the student a notice stating— (a) (b) (d) (e) (f) that the student is immediately suspended from the school or schools or, if the student is already suspended or excluded from the school or schools, that the suspension or exclusion continues until a final decision is made about the chief executive's proposed exclusion; and that the chief executive proposes to exclude the student from the school or schools for a stated period of not more than | year or permanently; and the reason for the proposed exclusion; and that the student may make a submission to the chief executive against the proposed exclusion within 5 school days after the notice is given to the student or the longer period allowed by the chief executive under section 305(3); and the title, name and address of the chief executive; and the way in which the submission may be made. CAND NBPWNKE eCerAIADMBRWNF CO NNNNW BRWNrFCO"O NNW AUDN N oo WWWwWhN WNr Ow WwW WwW nn s 305 (3) (4) (5) (6) 180 s 305 Education (General Provisions) Bill 2006 The chief executive must immediately give copies of the notice to the principal of the school at which the student is enrolled and the principal's supervisor. If the student is a child, as soon as practicable after giving the notice, the chief executive must take reasonable steps to meet with a parent of the student to discuss the student's behaviour that led to the giving of the notice. Subsection (4) does not apply if the chief executive is satisfied it would be inappropriate in the circumstances to meet with a parent of the student to discuss the student's behaviour that led to the giving of the notice. Example— It may be inappropriate to meet with a parent of the student to discuss the student's behaviour that led to the giving of the notice if the student is living independently of his or her parents. If subsection (5) applies— (a) the chief executive must take reasonable steps to meet with the student to discuss the student's behaviour that led to the suspension; and (b) _ the student may be accompanied by an adult during the meeting. 305 Submissions against proposed exclusion d) (2) (3) A student given a notice under section 304 may make a submission against the proposed exclusion in the way stated in the notice. The submission must— (a) be made to the chief executive no later than 5 school days after the notice is given to the student; and (b) _ state fully the grounds for the submission and the facts relied on. If, within 5 school days after the notice is given to the student, the student or another person who may make a submission in relation to the notice asks the chief executive for a longer period to make the submission, the chief executive may, by Com ADNH WNKe Po OMNI BD NSW NY KO Nw 2428 30 3234 s 306 181 s 306 Education (General Provisions) Bill 2006 notice given to the student or other person, state a longer period allowed for submissions. 306 Exclusion of student by chief executive d) (2) (3) (4) After considering any submissions received under section 305, the chief executive must decide whether— (a) to exclude the student from the school or schools stated in the notice given to the student under section 304; and (b) _ if so, the period of the exclusion. The chief executive may not decide to exclude the student for a longer period than the period of the proposed exclusion stated in the notice given to the student under section 304. If the chief executive is reasonably satisfied a ground exists to exclude the student from a State school at which the student is enrolled or certain State schools, the chief executive must give the student a notice stating— (a) that the student is excluded from the stated school or schools for a stated period of not more than 1 year or permanently; and (b) the reason for the exclusion; and (c) _ that the student may make a submission asking the chief executive to review the exclusion under division 5; and (d) _ the title, name and address of the chief executive; and (e) _ the way in which the submission may be made. If the chief executive is reasonably satisfied a ground exists to exclude the student from all State schools, the chief executive must give the student a notice stating— (a) that the student is excluded from all State schools for a stated period of not more than 1 year or permanently; and (b) the reason for the exclusion; and (c) _ that the student has a right to appeal, under section 406, against the decision about the exclusion, and the time within which the student may appeal. NOR Co WAND NH WwW CAD NMEWNY KO \o 22252832 s 307 182 s 309 Education (General Provisions) Bill 2006 (5) If the chief executive decides not to exclude the student, the chief executive must as soon as practicable give the student a notice stating— (a) the decision; and (b) that the suspension has ended and the student may return to the State school at which the student was enrolled on the day of the suspension. (6) If the chief executive gives a notice under subsection (5), the suspension under section 304 ends. (7) The chief executive must give notice of the decision about the exclusion to the principal of a State school at which the student is or was enrolled and the principal's supervisor. 307 ~Effect of exclusion on enrolment If a student is excluded under section 306 from a State school at which the student is enrolled, the enrolment is taken to be cancelled. 308 Continuing education of certain excluded student (1) This section applies to a student of a State school who is— (a) of compulsory school age; or (b) a young person in the compulsory participation phase. (2) If the student is excluded under section 306 from all State schools, the chief executive must take reasonable steps to arrange for the student's access to an educational program that allows the student to continue the student's education during the exclusion. Division 4 Exclusion of prospective students by chief executive 309 Application of div 4 This division applies if— COmDM ADM FP WNK NRO AN W on 222427 29 s 310 183 s311 Education (General Provisions) Bill 2006 (a) a State school's principal, under section 160(2), refers an application for enrolment of a prospective student at the school to the chief executive; and (b) the chief executive gives the applicant a show cause notice under section 163. 310 Risk to safety or wellbeing d) (2) If the chief executive reasonably believes the prospective student's attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools, the chief executive must give the prospective student a notice (a show cause notice) stating the following— (a) that the chief executive proposes to exclude the prospective student from the schools for a stated period of not more than 1 year or permanently (the proposed action); (b) _ the grounds for the proposed action; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) an invitation to the prospective student to show within a stated period (the show cause period) why the proposed action should not be taken. The show cause period must be a period ending at least 14 days after the show cause notice is given to the prospective student. 311. Representations about show cause notice d) (2) The prospective student may make written representations about the show cause notice to the chief executive in the show cause period. The chief executive must consider all written representations (the accepted representations) made under subsection (1). ANB WNr onmn an om A DANS W NK O NNW NRO NNN On & W& 2831 s 312 184 s 313 Education (General Provisions) Bill 2006 312 Ending show cause process without further action If, after considering any accepted representations for the show cause notice, the chief executive no longer reasonably believes the prospective student's attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools, the chief executive— (a) must not take further action about the show cause notice; and (b) must, as soon as practicable, give notice to the prospective student that no further action is to be taken about the show cause notice. 313 Exclusion d) (2) (3) (4) (5) This section applies if, after considering any accepted representations for the show cause notice, the chief executive still reasonably believes the prospective student's attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools. This section also applies if there are no accepted representations for the show cause notice. The chief executive must decide to exclude the prospective student from the schools. The chief executive may not decide to exclude the prospective student for a longer period than the period of the proposed exclusion stated in the show cause notice given to the prospective student under section 310. If the decision relates to certain State schools, the chief executive must give the prospective student a notice stating— (a) that the prospective student is excluded from the stated schools for a stated period of not more than 1 year or permanently; and (b) the reason for the exclusion; and Om ADNBPWYN NRO COMAIDNA W 23 2527 29 31 s 314 185 s 315 Education (General Provisions) Bill 2006 (c) that the prospective student may make a submission 1 asking the chief executive to review the exclusion under 2 division 5; and 3 (d) _ the title, name and address of the chief executive; and 4 (e) _ the way in which the submission may be made. 5 (6) If the decision relates to all State schools, the chief executive 6 must give the prospective student a notice stating— 7 (a) that the prospective student is excluded from all State 8 schools for a stated period of not more than 1 year or 9 permanently; and 0 (b) the reason for the exclusion; and 1 (c) that the prospective student has a right to appeal, under 2 section 406, against the decision about the exclusion, 3 and the time within which the student may appeal. 4 314 Continuing education of certain excluded student 5 (1) This section applies to a prospective student of a State school 6 who is— 7 (a) of compulsory school age; or 8 (b) a young person in the compulsory participation phase. 9 (2) If the prospective student is excluded under section 313 from 20 all State schools, the chief executive must take reasonable 21 steps to arrange for the prospective student's access to an 22 educational program that allows the prospective student to 23 continue the student's education during the exclusion. 24 Division 5 Review of particular exclusion 25 decisions 26 315 Application of div 5 27 This division applies to a person (the excluded person) whois 28 excluded, under section 297, 306(3) or 313(5), from a State 29 school at which the student is enrolled or certain State 30 schools. 31 s 316 186 s317 Education (General Provisions) Bill 2006 316 Submission against exclusion decision d) (2) The excluded person may make a submission against the decision to exclude the excluded person (the exclusion decision). The submission must— (a) be made to the chief executive within 30 school days after the day the excluded person is given notice of the exclusion decision under section 297, 306(3) or 313(5); and (b) _ state fully the grounds for the submission and the facts relied on. 317 Dealing with submissions against exclusions d) (2) If a submission is made to the chief executive, the chief executive must, within 40 school days after receiving the submission, consider the exclusion decision and_ the submission and— (a) confirm the exclusion decision; or (b) amend the exclusion decision; or (c) set aside the exclusion decision and make a new decision in substitution of the exclusion decision. If the exclusion decision was made under section 297 or 306(3), after the chief executive has decided to confirm, amend or set aside the exclusion decision, the chief executive must— (a) as soon as practicable tell the excluded person and relevant principal— (i) about the chief executive's decision; and (ii) if the chief executive's decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and (b) within 7 days after telling the excluded person about the chief executive's decision, give notice of the chief COMHND MN PWN s317 (3) (4) (5) 187 s317 Education (General Provisions) Bill 2006 executive's decision and the reasons for the chief executive's decision to— (i) _ the person; and (ii) the relevant principal; and (iii) the relevant principal's supervisor. If the exclusion decision was made under section 313(5), after the chief executive has decided to confirm, amend or set aside the exclusion decision, the chief executive must— (a) as soon as practicable tell the excluded person— (i) about the chief executive's decision; and (ii) if the chief executive's decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and (b) within 7 days after telling the excluded person about the chief executive's decision, give the person notice of the chief executive's decision and the reasons for the chief executive's decision. If the exclusion decision was made under section 306(3) or 313(5) and was not made by the chief executive personally, the chief executive must ensure the submission is not dealt with under this section by— (a) the person who made the exclusion decision; or (b) a person in a less senior office than the person who made the exclusion decision. In this section— relevant principal means the principal of the State school at which the excluded person was enrolled immediately before the exclusion started. CAND NN FW NK CAND NASRWNF CO NNNWW WNrRO N BSG NN nun N ~ WNW laeNeone <) s 318 Division 6 188 s 318 Education (General Provisions) Bill 2006 Periodic review of certain decisions to exclude permanently Periodic review of decision to exclude permanently on ground mentioned in s 293 or 302—person under 17 years (1) This section applies to— (2) (3) (a) (b) (c) a person under 17 years who is excluded permanently from a State school at which the person was enrolled immediately before the exclusion, or certain State schools, on a ground mentioned in section 293(1); or a person under 17 years who is excluded permanently from a State school at which the person was enrolled immediately before the exclusion on the ground mentioned in section 293(2); or a person under 17 years who is excluded permanently from a State school at which the person was enrolled immediately before the exclusion, certain State schools or all State schools on a ground mentioned in section 302. As soon as practicable after each anniversary of the exclusion, the chief executive must send to the person at the person's last known address a notice stating— (a) (b) (c) (d) that the person may make a written submission to the chief executive about whether the exclusion should be revoked; and the title, name and address of the chief executive; and the way in which the submission may be made; and the time, not less than 30 school days after the notice is given, by which the submission must be made. However, subsection (2) does not apply if the person gives to the chief executive a notice stating that the person does not wish to receive a notice under subsection (2) in relation to the exclusion. OmAN HD NPW COANDMN BPWNF CO iS) Oo 22 2427 29 3133 s 318 (4) (5) (6) (7) (8) 189 s 318 Education (General Provisions) Bill 2006 At any time before the time expires for making a submission under subsection (5), the chief executive may extend the time for making a submission. If the person receives a notice under subsection (2), the person may make a written submission, in the way stated in the notice, within the time stated in the notice or the later time allowed under subsection (4). The chief executive must, within 40 school days after any submission is made under subsection (5), consider the submission and— (a) decide whether to revoke the exclusion; and (b) give notice of the decision and the reasons for the decision to— (i) _ the person excluded; and (ii) the principal of the State school at which the person was enrolled immediately before the exclusion started; and (ii) if the person was excluded on the ground mentioned in section 302(b)—the principal's supervisor. The chief executive must revoke the exclusion to the extent it applies to a State school if the chief executive is reasonably satisfied— (a) if the person was excluded on a ground mentioned in section 293(1)—the disobedience, misconduct or other conduct is unlikely to recur if the student were allowed to attend the school; or (b) if the person was excluded on the ground mentioned in section 293(2)—the relevant behaviour is unlikely to recur; or (c) if the person was excluded on the ground mentioned in section 302(a)—the ground no longer applies; or (d) if the person was excluded on the ground mentioned in section 302(b)—the gross misbehaviour is unlikely to recur if the student were allowed to attend the school. Otherwise, the chief executive must not revoke the exclusion. COM NDWNWH WNK NX COM ADDN F WN KF CO NNN WNre NNNN AUDNF wrywv laoeNome <) WwW Noe WW WwW nb WwW s 319 (9) 190 s 319 Education (General Provisions) Bill 2006 In this section— revoke, an exclusion, means— (a) revoke the exclusion entirely; or (b) amend the exclusion so it no longer applies to a particular State school. 319 Periodic review of decision to exclude permanently on ground mentioned in s 293 or 302—person aged from 17 to 24 years d) (2) (3) (4) This section applies to— (a) a person aged from 17 to 24 years who is excluded permanently from a State school at which the person was enrolled immediately before the exclusion, or certain State schools, on a ground mentioned in section 293(1); or (b) a person aged from 17 to 24 years who is excluded permanently from a State school at which the person was enrolled immediately before the exclusion on the ground mentioned in section 293(2); or (c) a person aged from 17 to 24 years who is excluded permanently from a State school at which the person was enrolled immediately before the exclusion, certain State schools or all State schools on a ground mentioned in section 302. Within 1 month before each anniversary of the exclusion or the later time allowed under subsection (3), the person may make a written submission to the chief executive about whether the exclusion should be revoked. During the period of 1 month before the anniversary of the exclusion, the chief executive may extend the time for making a submission under subsection (2). The chief executive must, within 40 school days after any submission is made under subsection (2), consider the submission and— (a) decide whether to revoke the exclusion; and nA WN \o OAND iS) SCO OND PWNK SO NNW WNre NHOnNW AUDWNF WNW laeNeone <) WW WW WNR w KR s 319 (5) (6) 7) 191 s 319 Education (General Provisions) Bill 2006 (b) give notice of the decision and the reasons for the decision to— (i) _ the person; and (ii) the principal of the State school at which the person was enrolled immediately before the exclusion started; and (ii) if the person was excluded on the ground mentioned in section 302(b)—the principal's supervisor. The chief executive must revoke the exclusion to the extent it applies to a State school if the chief executive is reasonably satisfied— (a) if the person was excluded on a ground mentioned in section 293(1)—the disobedience, misconduct or other conduct is unlikely to recur if the student were allowed to attend the school; or (b) if the person was excluded on the ground mentioned in section 293(2)—the relevant behaviour is unlikely to recur; or (c) if the person was excluded on the ground mentioned in section 302(a)—the ground no longer applies; or (d) if the person was excluded on the ground mentioned in section 302(b)—the gross misbehaviour is unlikely to recur if the student were allowed to attend the school. Otherwise, the chief executive must not revoke the exclusion. In this section— revoke, an exclusion, means— (a) revoke the exclusion entirely; or (b) amend the exclusion so it no longer applies to a particular State school. CAN DANK W NE CAN DANKW NK O Nw ro NNN BRWN 2628 30 s 320 192 s 321 Education (General Provisions) Bill 2006 Division 7 Cancellation of enrolment of students above compulsory school age 320 Ground for cancelling enrolment of student more than compulsory school age (1) The enrolment at a State school of a student who is more than compulsory school age may be cancelled under this division on the ground that the student's behaviour amounts to a refusal to participate in the educational program provided at the school. (2) The enrolment of a student who is of compulsory school age may not be cancelled under this division. 321 Show cause notice (1) Subsection (2) applies if a State school's principal is reasonably satisfied the ground exists to cancel the enrolment at the school of a student who is more than compulsory school age. (2) The principal must give the student a notice (a show cause w COWMANID WF Noe notice) stating the following— (a) the action (the proposed action) the principal proposes taking under this division; (b) _ the grounds for the proposed action; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) an invitation to the student to show within a stated period (the show cause period) why the proposed action should not be taken. (3) The show cause period must be a period ending at least 5 school days after the show cause notice is given to the student. (4) _ If the student is a child, as soon as practicable after the giving of the show cause notice, the principal must take reasonable steps to meet with a parent of the student to discuss the student's behaviour that led to the giving of the show cause notice. Com ADMNA W 22 24 2629 3133 s 322 193 s 324 Education (General Provisions) Bill 2006 (5) Subsection (4) does not apply if the principal is satisfied it would be inappropriate in the circumstances to meet with a parent of the student to discuss the student's behaviour that led to the giving of the show cause notice. Example— It may be inappropriate to meet with a parent of the student to discuss the student's behaviour that led to the giving of the show cause notice if the student is living independently of his or her parents. (6) If subsection (5) applies— (a) the principal must take reasonable steps to meet with the student to discuss the student's behaviour that led to the giving of the show cause notice; and (b) _ the student may be accompanied by an adult during the meeting. 322 Representations about show cause notice (1) The student may make written representations about the show cause notice to the principal in the show cause period. (2) The principal must consider all written representations (the accepted representations) made under subsection (1). 323 Ending show cause process without further action If, after considering any accepted representations for the show cause notice, the principal no longer believes the ground exists to cancel the enrolment, the principal— (a) must not take further action about the show cause notice; and (b) must, as soon as practicable, give notice to the student that no further action is to be taken about the show cause notice. 324 Cancellation of student's enrolment (1) This section applies if, after considering any accepted representations for the show cause notice, the principal— 0 OAD NWN PWNK RW NRO COM AND WN 2225 2731 s 325 (2) (3) (4) (5) (6) 194 s 325 Education (General Provisions) Bill 2006 (a) _ still believes the ground exists to cancel the enrolment; and (b) believes cancellation of the enrolment is warranted. This section also applies if there are no accepted representations for the show cause notice. The principal may cancel the enrolment of the student (the person under the cancellation) at the school. The principal must give the person under the cancellation a notice stating— (a) _ the person's enrolment at the school is cancelled and the reason for the cancellation; and (b) an application for the enrolment of the person at the school may not be made for a stated period of not more than 12 months after the giving of the notice; and (c) the person may make a submission against the cancellation to the principal's supervisor; and (d) _ the title, name and address of the principal's supervisor; and (e) _ the way in which the submission may be made. The principal must also give a copy of the notice to the principal's supervisor. If the person under the cancellation receives a notice under subsection (4), an application for the enrolment of the person at the school may not be made during the period stated in the notice under subsection (4)(b). Submission against cancellation of enrolment d) (2) The person under the cancellation may make a submission against the cancellation. The submission must be made to the principal's supervisor and state fully the grounds for the submission and the facts relied on. Com AD WH W NE ern ann fFWNY KO \o Nw ro NWNnNN nABWN 28 30 s 326 195 s 327 Education (General Provisions) Bill 2006 326 Dealing with submission against cancellation of enrolment d) (2) If a submission is made to the principal's supervisor, the supervisor must immediately consider the decision and the submission and— (a) confirm the decision; or (b) amend the decision; or (c) set aside the decision and make a new decision in substitution of the decision to cancel the enrolment. After the supervisor has decided to confirm, amend or set aside the decision, the supervisor must— (a) as soon as practicable tell the person under the cancellation and the principal— (i) about the supervisor's decision; and Gi) if the supervisor's decision allows for an application for enrolment of the person at the school to be made earlier than if the principal's decision had been confirmed—when _ the application for enrolment may be made; and (b) within 7 days after telling the person about the decision—give notice to the person, and the principal, about the decision and the reasons for the decision. Division 8 Behaviour improvement conditions 327 _ Definitions for div 8 In this division— appropriately qualified, for a person conducting a behaviour management program, means having the qualifications, experience, skills or knowledge appropriate to conduct the program. behaviour improvement condition, for the challenging behaviour of a State school student, means a condition requiring the student to undertake a behaviour management Om NAN HD NBW NR COANDN FP WN KO NNW NRO 25 2729 31 s 328 196 s 328 Education (General Provisions) Bill 2006 program, arranged by the school's principal, reasonably appropriate to the challenging behaviour. behaviour management program, for the challenging behaviour of a State school student, means a program conducted by an appropriately qualified person that is designed to help the student not to re-engage in the challenging behaviour. challenging behaviour see section 328(1). 328 Imposition of behaviour improvement condition by principal d) (2) (3) Subsection (2) applies if a State school's principal is reasonably satisfied a student enrolled at the school has engaged in behaviour (challenging behaviour) that is the basis for a ground for exclusion of the student from the school or certain State schools mentioned in section 293(1). The principal may decide that the student's continued attendance at the school is subject to the student complying with a behaviour improvement condition for the challenging behaviour. If, under subsection (2), a State school's principal decides that a student's continued attendance at the school is subject to the student complying with a behaviour improvement condition for the student's challenging behaviour, the principal must give the student a notice stating— (a) the student's continued attendance at the school is subject to the student complying with a behaviour improvement condition for the challenging behaviour; and (b) _ the details of the behaviour improvement condition and the grounds for the imposition of the behaviour improvement condition; and (c) the facts and circumstances forming the basis for the grounds; and (d) the stated period of not more than 3 months, after the imposition of the behaviour improvement condition, CDaADNMNABW NK COAND NHPWNFY CO NNNNWYW BRWNr CO NNNN wardnn WwWwWhN ro) W WwW Wn WwW ns s 329 (4) (5) (6) 197 s 329 Education (General Provisions) Bill 2006 during which the student must comply with the behaviour improvement condition; and (e) the student may apply to the principal's supervisor, within 5 school days after the notice is given to the student, for a review of the decision; and (f) _ the title, name and address of the supervisor; and (g) the way in which the application may be made. If the student is a child, as soon as practicable after giving the notice to the student, the principal must take reasonable steps to meet with a parent of the student to discuss the student's behaviour that led to the giving of the notice. Subsection (4) does not apply if the principal is satisfied it would be inappropriate in the circumstances to meet with a parent of the student to discuss the student's behaviour that led to the giving of the notice. Example— It may be inappropriate to meet with a parent of the student to discuss the student's behaviour that led to the giving of the notice if the student is living independently of his or her parents. If subsection (5) applies— (a) the principal must take reasonable steps to meet with the student to discuss the student's behaviour that led to the giving of the notice; and (b) _ the student may be accompanied by an adult during the meeting. 329 Review of decision about imposition of behaviour improvement condition d) (2) This section applies if a decision is made, under section 328, that a student's continued attendance at a State school is subject to the student complying with a_ behaviour improvement condition for the student's challenging behaviour. The student may apply to the principal's supervisor for the principal who made the decision, within 5 school days after notice of the decision is given to the student under section 328, for a review of the decision. Com AD NSFW NE COMA ND NAHWNY KO NX So NNW WNre Nw ns 27 29313436 s 330 (3) (4) (5) (6) 7) 198 s 331 Education (General Provisions) Bill 2006 The application must state fully the grounds for the submission and the facts relied on. After reviewing the behaviour improvement condition, the supervisor must decide— (a) to confirm the behaviour improvement condition; or (b) to remove the behaviour improvement condition; or (c) to change the behaviour improvement condition. The behaviour improvement condition may only be confirmed or changed for the reasons the behaviour improvement condition was initially imposed. The supervisor must as soon as practicable give a notice to the student, and the principal, about the supervisor's decision on the application and the reasons for the decision. If the supervisor fails to decide the application within 7 days after its receipt, the failure is taken to be a decision by the supervisor to remove the behaviour improvement condition. Removal of behaviour improvement condition d) (2) (3) This section applies if— (a) a student's continued attendance at a State school is subject to the student complying with a behaviour improvement condition, for the student's challenging behaviour, imposed or agreed to under this division; and (b) _ the school's principal reasonably believes the behaviour improvement condition is no longer necessary. The principal must decide to remove the behaviour improvement condition. The principal must as soon as practicable give a notice to the student about the principal's decision and the reasons for the decision. Change of behaviour improvement condition d) This section applies if— Com AINA DN FW NK DANnk WNK CO 2124 26 2831 s 332 (2) (3) (4) 199 s 332 Education (General Provisions) Bill 2006 (a) a student's continued attendance at a State school is subject to the student complying with a behaviour improvement condition, for the student's challenging behaviour, imposed or agreed to under this division; and (b) _ the school's principal reasonably believes the behaviour improvement condition is no longer appropriate for the challenging behaviour. The principal may change the behaviour improvement condition in a way agreed to in writing— (a) _ if the student is a child—by a parent of the student; or (b) _ if the student is an adult—by the student. Subsection (2)(a) does not apply, and agreement must be by the student, if the principal is satisfied it would be inappropriate in the circumstances for agreement to be by a parent of the student. Example— It may be inappropriate for a parent of the student to agree if the student is living independently of his or her parents. The behaviour improvement condition may only be changed for the reasons the behaviour improvement condition was initially imposed. Division 9 Other provisions Definitions for div 9 In this division— parent, of a child, includes a person standing in the place of a parent of the child on a temporary basis. student includes— (a) an excluded person; or (b) a person whose enrolment at a State school has been cancelled under division 7. Com ADDN BPWNeR FOO OAD NASWN KF CO Nw N N 24 26 28 30 s 333 200 s 336 Education (General Provisions) Bill 2006 333 No entitlement to enrolment at another State school during suspension A student suspended from a State school under this part is not entitled to be enrolled at another State school during the period of the suspension. 334 Copy of notices under this part to be given to parent (1) If a person is required, under this part, to give a notice to a student and the student is a child, the person must as soon as practicable give a copy of the notice to a parent of the student. (2) For giving a copy of the notice to a parent of the student, the person may rely on the relevant State school's records about the student's parents and their current residential address. (3) Subsection (1) does not apply if the person is satisfied it would be inappropriate in the circumstances to give a copy of the notice to the parent. Example— It may be inappropriate to give the parent a copy of the notice if the student is living independently of his or her parents. 335 Submissions, representations or applications about suspensions etc. (1) This section applies if, under a provision of this part, a student or prospective student may make a _ submission, representations or an application in relation to a suspension, suspension and recommendation for exclusion, exclusion or cancellation, or a behaviour improvement condition under division 8, and the student or prospective student is a child. (2) A submission, representations or an application may also be made under the provision in relation to the student by a parent of the student or prospective student. 336 When decisions take effect (1) Notice of a decision under this part about a student must be given to the student under the section under which the decision is made. nNBW Ne COomrn an CID NPW NYKO 222426 2832 s 337 (2) Part 5 201 s 337 Education (General Provisions) Bill 2006 A decision takes effect— (a) if the student must be told about the decision and, under the decision, the student may return to school earlier than if the decision was to confirm another decision—on the day the student is told about the decision; or (b) otherwise—on the day the student is given notice of the decision or a later day stated in the notice. Wilful disturbance and trespass at State educational institutions Wilful disturbance d) (2) (3) (4) A person must not wilfully disturb the good order or management of a State educational institution. Maximum penalty—20 penalty units. A person must not insult a staff member of a State educational institution in the presence or hearing of a student of the institution, who is, at the time in question— (a) in or about the institution; or (b) assembled with others for educational purposes at or in any place. Maximum penalty—20 penalty units. Subsections (1) and (2) do not apply to a person who was, at the time in question, a student of the State educational institution. In this section— insult includes abuse. NAD NRWN SCO WAND BP WN NY WwW — NNN BRWN NSN n wn s 338 202 s 340 Education (General Provisions) Bill 2006 338 Trespass A person must not be on the premises of a State educational institution unless the person has lawful authority or a reasonable excuse for being on the premises. Maximum penalty—20 penalty units. Part 6 Directions and orders about conduct or movement at, or entry to, premises of State instructional institutions Division 1 Preliminary 339 Definitions for pt 6 In this part— employee, of the department, means— (a) anemployee of, or a contractor for, the department; or (b) an employee, or subcontractor, of a contractor mentioned in paragraph (a). exempt person, for a State instructional institution, means— (a) astudent of the institution; or (b) an employee of the department engaged to perform work at the institution's premises. Division 2 Powers relating to name and address 340 Person may be required to state name and address (1) Ifa State instructional institution's principal proposes to give a direction under section 341 or 343 to a person at the nA BWN oMmnna CO WON DUN FB WN iS) 25 s 341 (2) (3) (4) 203 s 341 Education (General Provisions) Bill 2006 institution's premises, the principal may require the person to state the person's name and residential address. When making the requirement under subsection (1), the principal must warn the person it is an offence to fail to state the person's name or residential address, unless the person has a reasonable excuse. The principal may require the person to give evidence of the correctness of the person's stated name or residential address if the principal reasonably suspects the stated name or address is false. A person must comply with a requirement made of the person under subsection (1) or (3), unless the person has a reasonable excuse. Maximum penalty for subsection (4)—10 penalty units. Division 3 Directions about conduct or movement at premises of State instructional institutions 341 Direction about conduct or movement d) (2) (3) A State instructional institution's principal may give a person (the directed person) a written direction about the directed person's conduct or movement at the institution's premises for up to 30 days after the day on which the direction is given if the principal is reasonably satisfied it is necessary to give the direction— (a) to ensure the safety or wellbeing of other persons lawfully at the premises; or (b) to prevent or minimise damage to the premises or to property at the premises; or (c) to maintain good order at the premises; or (d) for the proper management of the institution. A direction under subsection (1) may not be given to an exempt person for the institution. The direction must state— COMAN ANHRW NK BR WNrF © nun 212326 28 30 32 s 342 (4) (5) 204 s 342 Education (General Provisions) Bill 2006 (a) the terms of the direction; and (b) _ the ground for the direction; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) the time the direction is to remain in force; and (e) that the directed person may apply to have the direction reviewed by the principal's supervisor— (i) within 7 days after the directed person is given the direction; or (ii) if the direction is for less than 7 days—before the direction ends; and (f) _ the title, name and address of the principal's supervisor; and (g) how the directed person may apply to have the direction reviewed. The direction has no effect until the principal gives it to the directed person. The directed person must comply with the direction, unless the directed person has a reasonable excuse. Maximum penalty for subsection (5)—20 penalty units. Review of direction under s 341 d) (2) (3) This section applies if a person is given a direction under section 341 by a State instructional institution's principal. The person may apply in writing to the principal's supervisor for a review of the direction, but only— (a) within 7 days after the person is given the direction; or (b) if the direction is for less than 7 days—before the direction ends. The application must— (a) state in detail the grounds on which the person wants the direction to be reviewed; and (b) _ state the person's residential address. Com NAD NN PWN Com NAD UF WN KO iS) Oo 23 25 28 31 s 343 (4) (5) (6) 7) (8) 205 s 343 Education (General Provisions) Bill 2006 The application must be decided by— (a) _ the principal's supervisor; or (b) a person (the nominated reviewer) nominated by the principal's supervisor who holds an equal or more senior office in the department to that of the principal's supervisor. After considering the grounds, the principal's supervisor or nominated reviewer must make a decision (the review decision) to— (a) confirm the direction; or (b) cancel the direction. The principal's supervisor or nominated reviewer must immediately give the person and the institution's principal notice of the review decision. If the application is decided by the nominated reviewer, the nominated reviewer must also immediately give the principal's supervisor notice of the review decision. If the principal's supervisor or nominated reviewer does not give the person a notice under subsection (6) within 5 days after the application is made, the review decision is taken to be that the direction is cancelled. Division 4 Directions to leave and not re-enter premises of State instructional institutions for 24 hours 343 Direction to leave and not re-enter d) A State instructional institution's principal may give a person (the prohibited person) a written direction requiring the prohibited person to immediately leave and not re-enter the institution's premises for 24 hours after the time of the direction if the principal reasonably suspects the prohibited person— (a) has committed, or is about to commit, an offence at the premises; or OMAN DANKW NY POOmDn ADDN PWN KF CO NW 24 272931 33 s 344 (2) (3) (4) (5) 206 s 344 Education (General Provisions) Bill 2006 (b) has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or (c) has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or (d) has otherwise disrupted, or is about to disrupt, good order at the premises; or (e) does not have a good and lawful reason to be at the premises. A direction under subsection (1) may not be given to an exempt person for the institution. The direction must state— (a) the terms of the direction; and (b) _ the ground for the direction; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) the time during which the prohibited person may not re-enter the premises. The direction has no effect until the principal gives it to the prohibited person. The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (5)—20 penalty units. Division 5 Prohibition from entering premises of State instructional institutions for up to 60 days 344 _— Prohibition from entering premises d) The chief executive may give a person (the prohibited person) a written direction requiring the prohibited person not to enter the premises of a State instructional institution for up to 60 days after the day on which the direction is given if the chief C0 ON ANF WNR Com ND NN FW NF CO NW re oO NN WN N BG 263032 s 344 (2) (3) (4) (5) 207 s 344 Education (General Provisions) Bill 2006 executive is reasonably satisfied that, unless the direction is given, the prohibited person is likely— (a) to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or (b) to damage the premises or property at the premises; or (c) to disrupt the good order or management of the institution. A direction under subsection (1) may not be given to an exempt person for the institution. The direction must state— (a) the terms of the direction; and (b) _ the ground for the direction; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) the time the direction is to remain in force; and (e) that the prohibited person may appeal against the direction, under section 401, within 10 days; and (f) how the prohibited person may appeal against the direction. The direction has no effect until the chief executive gives it to the prohibited person. The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (5)—30 penalty units. © AND NSW NK CN nD UNF WN YF CO iS) ow NW Noe NN BW N n s 345 208 s 346 Education (General Provisions) Bill 2006 Division 6 Prohibition from entering premises of State instructional institutions for more than 60 days, but not more than 1 year 345 ~— Prohibition from entering premises (1) The chief executive may apply to a court for an order prohibiting a person from entering the premises of a State instructional institution for more than 60 days, but not more than | year. (2) An application under subsection (1) may not be made in relation to an exempt person for the institution. (3) The court may make the order if the court is satisfied, on the balance of probabilities, that unless the order is made the person is likely— (a) to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or (b) to damage the premises or property at the premises; or (c) to disrupt the good order or management of the institution. 346 Appeal to District Court An appeal lies to the District Court from a decision of a court under section 345, but only on a question of law. COMANAD NM CO WAIDN PWN KO NX 23 s 347 209 s 348 Education (General Provisions) Bill 2006 Part 7 Directions and orders about conduct or movement at, or entry to, premises of non-State schools Division 1 Preliminary 347 _ Definitions for pt 7 In this part— employee, of a non-State school's governing body, means— (a) an employee of, or a contractor for, the governing body; or (b) an employee, or subcontractor, of a contractor mentioned in paragraph (a). exempt person, for a non-State school, means— (a) astudent of the school; or (b) an employee of the school's governing body engaged to perform work at the school's premises. Division 2 Powers relating to name and address 348 Person may be required to state name and address d) (2) (3) If a non-State school's principal proposes to give a direction under section 350 or 352 to a person at the institution's premises, the principal may require the person to state the person's name and residential address. When making the requirement under subsection (1), the principal must warn the person it is an offence to fail to state the person's name or residential address, unless the person has a reasonable excuse. The principal may require the person to give evidence of the correctness of the person's stated name or residential address nn BR wWN onmonna Aun fF WNK CO ~ 2123 2527 29 s 349 (4) 210 s 350 Education (General Provisions) Bill 2006 if the principal reasonably suspects the stated name or address is false. A person must comply with a requirement made of the person under subsection (1) or (3), unless the person has a reasonable excuse. Maximum penalty for subsection (4)—10 penalty units. Division 3 Directions about conduct or movement at premises of non-State schools 349 Review body d) (2) In this division, review body, of a non-State school, means— (a) if the school's governing body has nominated a person to conduct a review under section 35 1—the nominee; or (b) otherwise—the school's governing body. For subsection (1)(a), a nominee of a non-State school's governing body must not be the school's principal. 350 Direction about conduct or movement d) (2) A non-State school's principal may give a person (the directed person) a written direction about the directed person's conduct or movement at the school's premises for up to 30 days after the day on which the direction is given if the principal is reasonably satisfied it is necessary to give the direction— (a) to ensure the safety or wellbeing of other persons lawfully at the premises; or (b) to prevent or minimise damage to the premises or to property at the premises; or (c) to maintain good order at the premises; or (d) for the proper management of the school. A direction under subsection (1) may not be given to an exempt person for the school. Dn nNbwW Ne on an FB WN KF CO 2123 25 27 29 31 s 351 (3) (4) (5) 211 s 351 Education (General Provisions) Bill 2006 The direction must state— (a) the terms of the direction; and (b) _ the ground for the direction; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) the time the direction is to remain in force; and (e) that the directed person may apply to have the direction reviewed by the school's review body— (i) within 7 days after the directed person is given the direction; or (ii) if the direction is for less than 7 days—before the direction ends; and (f) the name and address of the school's review body; and (g) how the directed person may apply to have the direction reviewed. The direction has no effect until the principal gives it to the directed person. The directed person must comply with the direction, unless the directed person has a reasonable excuse. Maximum penalty for subsection (5)—20 penalty units. Review of direction under s 350 d) (2) (3) This section applies if a person is given a direction under section 350 by a non-State school's principal. The person may apply in writing to the school's review body for a review of the direction, but only— (a) within 7 days after the person is given the direction; or (b) if the direction is for less than 7 days—before the direction ends. The application must— (a) state in detail the grounds on which the person wants the direction to be reviewed; and (b) _ state the person's residential address. CO AND UNF WN Com IND NH W NK CO iS) Oo 23 25 28 31 s 352 (4) (5) (6) 212 s 352 Education (General Provisions) Bill 2006 After considering the grounds, the review body must make a decision (the review decision) to— (a) confirm the direction; or (b) cancel the direction. The review body must immediately give the person and the school's principal notice of the review decision. If the review body does not give the notice within 5 days after the application is made, the review decision is taken to be that the direction is cancelled. Division 4 Directions to leave and not re-enter premises of non-State schools for 24 hours Direction to leave and not re-enter d) (2) A non-State school's principal may give a person (the prohibited person) a written direction requiring the prohibited person to immediately leave and not re-enter the school's premises for 24 hours after the time of the direction if the principal reasonably suspects the prohibited person— (a) has committed, or is about to commit, an offence at the premises; or (b) has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or (c) has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or (d) has otherwise disrupted, or is about to disrupt, good order at the premises; or (e) does not have a good and lawful reason to be at the premises. A direction under subsection (1) may not be given to an exempt person for the school. CMAN AN FW NR NY SCO WONDNH W 222528 30 32 s 353 (3) (4) (5) 213 s 353 Education (General Provisions) Bill 2006 The direction must state— (a) the terms of the direction; and (b) _ the ground for the direction; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) the time during which the prohibited person may not re-enter the premises. The direction has no effect until the principal gives it to the prohibited person. The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (5)—20 penalty units. Division 5 Prohibition from entering premises of non-State schools for up to 60 days 353 ~— Prohibition from entering premises d) (2) (3) A non-State school's governing body, or its nominee for this subsection, may give a person (the prohibited person) a written direction requiring the prohibited person not to enter the school's premises for up to 60 days after the day on which the direction is given if the governing body or nominee is reasonably satisfied that, unless the direction is given, the prohibited person is likely— (a) to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or (b) to damage the premises or property at the premises; or (c) to disrupt the good order or management of the school. A direction under subsection (1) may not be given to an exempt person for the school. The direction must state— (a) the terms of the direction; and COmDM AND WHR WN ns NX COMN DD 222528 30 32 s 354 (4) (5) (6) 214 s 354 Education (General Provisions) Bill 2006 (b) _ the ground for the direction; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) the time the direction is to remain in force; and (e) that the prohibited person may appeal against the direction, under section 401, within 10 days; and (f) how the prohibited person may appeal against the direction. The direction has no effect until the governing body or nominee gives it to the prohibited person. The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty—30 penalty units. For subsection (1), a nominee of a non-State school's governing body must not be the school's principal. Division 6 Prohibition from entering premises of non-State schools for more than 60 days, but not more than 1 year 354 ~— Prohibition from entering premises d) (2) (3) A non-State school's governing body, or its nominee for this subsection, may apply to a court for an order prohibiting a person (the prohibited person) from entering the school's premises for more than 60 days, but not more than 1 year. An application under subsection (1) may not be made in relation to an exempt person for the school. The court may make the order if the court is satisfied, on the balance of probabilities, that unless the order is made the prohibited person is likely— (a) to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or (b) to damage the premises or property at the premises; or C0 ON AN FP WN nk WNrF © ony 2123 25 2730 s 355 215 s 357 Education (General Provisions) Bill 2006 (c) to disrupt the good order or management of the school. (4) For subsection (1), a nominee of a non-State school's governing body must not be the school's principal. 355 Appeal to District Court An appeal lies to the District Court from a decision of a court under section 354, but only on a question of law. Part 8 Prohibition from entering premises of all State instructional institutions and non-State schools for up to 1 year 356 = Prohibition from entering premises of all State instructional institutions and non-State schools (1) The chief executive may apply to a court for an order prohibiting a person from entering the premises of all State instructional institutions and non-State schools for up to 1 year. (2) An application under subsection (1) may not be made in relation to a person who is a student of a State instructional institution or non-State school. (3) The court may make the order if the court is satisfied, on the balance of probabilities, that the person poses an unacceptable risk to the safety or wellbeing of members of school communities in general. 357 _—_— Prohibition from entering premises of all State instructional institutions (1) The chief executive may apply to a court for an order prohibiting a person from entering the premises of all State instructional institutions for up to 1 year. w anu NY SOM ANADUNUA WP 2224 26 28 s 358 (2) (3) 216 s 360 Education (General Provisions) Bill 2006 An application under subsection (1) may not be made in relation to a person who is a student of a State instructional institution. The court may make the order if the court is satisfied, on the balance of probabilities, that the person poses an unacceptable risk to the safety or wellbeing of members of school communities of the institutions in general. An appeal lies to the District Court from a decision of a court under this part, but only on a question of law. Provisions relating to parts 6 Non-application of pts 6 and 7 to particular persons Parts 6 and 726 do not apply to a person in relation to the exercise by the person of the person's powers under an Act at the premises of a State instructional institution or non-State Notification of application or direction Subsection (2) applies if an application is made under section 345, 354, 356 or 357 in relation to a child. The applicant must, as soon as practicable after making the application, give a parent of the child notice of the application, unless a parent can not be found after reasonable Subsection (4) applies if a direction is given under section 344 358 Appeal to District Court Part 9 to 8school.(1) (2) inquiry. (3) or 353 to a child. Parts 6 (Directions and orders about conduct or movement at, or entry to, premises of State instructional institutions) and 7 (Directions and orders about conduct or movement at, or entry to, premises of non-State schools) NADNBR WNR \o wo ADNAN W 2224 26 s 361 (4) (5) 217 s 362 Education (General Provisions) Bill 2006 The person who gives the direction must, as soon as practicable after giving the direction, give a parent of the child notice of the direction, unless a parent can not be found after reasonable inquiry. In this section— parent, of a child, includes someone who is apparently a parent of the child. Noncompliance with court order d) (2) A person who does not comply with an order of a court under section 345 or 354 commits an offence. Maximum penalty—40 penalty units. A person who does not comply with an order of a court under section 356 or 357 commits an offence. Maximum penalty—40 penalty units or 1 year's imprisonment. Annual report of department to include report on various matters d) In the department's annual report for a financial year, the chief executive must include details of— (a) the number of directions given during the financial year under each of sections 341, 343 and 344, including the number given to children; and (b) the number of orders made during the financial year under each of sections 345, 356 and 357, including the number made in relation to children; and (c) the number of applications made during the financial year under section 342, including the number made by children; and (d) the number of directions confirmed during the financial year under section 342, including the number of the directions that had been given to children; and \o ow AD NON PWNeK ak WN KF © 'ow NO 22 242730 s 363 (e) 218 s 363 Education (General Provisions) Bill 2006 the number of directions cancelled during the financial year under section 342, including the number of the directions that had been given to children.?' (2) Also, in the annual report, the chief executive must include the information obtained by the Minister under section 363 for the financial year. Non-State school's governing body to give particular information to Minister A non-State school's governing body must, within 2 months after the end of a financial year, give the following information to the Minister— (a) (b) (c) (d) (e) the number of directions, relating to the school, given during the financial year under each of sections 350, 352 and 353, including the number given to children; the number of orders, relating to the school, made during the financial year under section 354, including the number made in relation to children; the number of applications, relating to the school, made during the financial year under section 351, including the number made by children; the number of directions, relating to the school, confirmed during the financial year under section 351, including the number of the directions that had been given to children; the number of directions, relating to the school, cancelled during the financial year under section 351, including the number of the directions that had been given to children.?8 Sections 341 (Direction about conduct or movement), 342 (Review of direction under s 341), 343 (Direction to leave and not re-enter), 344 (Prohibition from entering premises), 345 (Prohibition from entering premises), 356 (Prohibition from entering premises of all State instructional institutions and non-State schools) and 357 (Prohibition from entering premises of all State instructional institutions) Sections 350 (Direction about conduct or movement), 351 (Review of direction under s 350), 352 (Direction to leave and not re-enter), 353 (Prohibition from entering premises) and 354 (Prohibition from entering premises) Dunk Wnre on \o COMA ANIDMN PWN KO NX NNNNY BRWNe NNNWN arIAN s 364 Part 10 219 s 365 Education (General Provisions) Bill 2006 Dress code Development of dress code d) (2) (3) (4) A State school's principal may develop a dress code for the school's students that is to apply when the students are attending, or representing, the school. The dress code may provide for the following— (a) standards of what is acceptable in relation to the clothing worn by the students, including headwear and footwear; (b) standards of what is acceptable in relation to other aspects of the personal presentation of the students. n developing the dress code, the principal must consult with he following persons— I t (a) _ the parents of children enrolled at the school; (b) the school's staff and students. Also, in developing the dress code, the principal must ensure the dress code is consistent with any guidelines made under section 365. Guidelines for dress code d) (2) The chief executive may make guidelines about dress codes for State schools. Issues that may be addressed by a guideline include the following— (a) _ the scope of operation of a dress code; (b) the extent of consultation to be undertaken by a State school's principal when developing a dress code; (c) _ the issues to be considered in the development of a dress code, including, for example— (i) the availability and affordability of items of clothing; and (ii) the functionality of items of clothing; and OMAN HD NPW WY CAD MN FP WN FO 21 23 26 28 30 s 366 (3) (4) (d) (e) (f) 220 s 366 Education (General Provisions) Bill 2006 (iii) health and safety issues; and (iv) anti-discrimination issues; and (v) the process to be followed in dealing with the special circumstances of particular students; the consistency of a dress code with other Acts or laws; the consistency of a dress code with government policies; the ongoing monitoring of the operation of a dress code. A guideline may be amended or replaced by a later guideline made under this section. A guideline must be made available to each principal of a State school. 366 Noncompliance with dress code (1) Ifa student of a State school does not comply with a dress code for the school's students, developed under section 364, the school's principal may only impose one of the following (2) sanctions— (a) detention of the student for a period mentioned in section 287(3); (b) prevent the student from attending, or participating in, any activity for which the student would have been representing the school; (c) prevent the student from attending, or participating in, any school activity that, in the reasonable opinion of the school's principal, is not part of the essential educational program of the school. However, a sanction imposed under subsection (1)(b) or (c) may only be imposed on a once-only basis for each noncompliance with the dress code. Co WAND NN FW NY So NOR Com ADNH W 22 2426 28 s 367 221 s 369 Education (General Provisions) Bill 2006 (3) Part 4, divisions 1 to 3 and 7? do not apply to the noncompliance with the dress code. (4) For subsection (1)(a), section 287(4) and (5) apply and for that purpose a reference in section 287(4) to 'subsection (2)' is taken to be a reference to subsection (1)(a) of this section. 367 ~+Dress code to be available for inspection (1) A State school's principal must keep an up-to-date copy of a dress code for the school's students developed under section 364 available for inspection, free of charge, by interested persons at the school's administration office. (2) The plan may be made available in written or electronic form. Part 11 Reporting of sexual abuse 368 _ Definition for pt 11 In this part— employee, of a non-State school or State school, means a person engaged to carry out work at the school for financial reward. 369 Obligation to report sexual abuse of student under 18 years attending State school (1) Subsection (2) applies if a staff member of a State school (the first person) becomes aware, or reasonably suspects, that a student under 18 years attending the school has been sexually abused by someone else who is an employee of the school. 29 Part 4 (Suspension, exclusion and cancellation of enrolment of, and behaviour improvement conditions for, State school students), division 1 (Suspension of students), 2 (Exclusion of students by principals' supervisors), 3 (Exclusion of students by chief executive) and 7 (Cancellation of enrolment of students above compulsory school age) MBW NR Re FP Oman aA ADM Ff W 2123 s 369 (2) (3) (4) (5) (6) 7) 222 s 369 Education (General Provisions) Bill 2006 The first person must give a written report about the abuse, or suspected abuse, to the school's principal or the principal's supervisor— (a) immediately; and (b) if a regulation is in force under subsection (3), as provided under the regulation. Maximum penalty—20 penalty units. A regulation may prescribe the particulars the report must include. A State school's principal or a principal's supervisor must immediately give a copy of a report given to the principal or supervisor under subsection (2) to a person nominated by the chief executive for the purpose (the chief executive's nominee). Maximum penalty—20 penalty units. The chief executive's nominee must immediately give a copy of a report given to the nominee under subsection (4) to a police officer. Maximum penalty—20 penalty units. A person who makes a report under subsection (2), or gives a copy of a report under subsection (4) or (5), is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else. Without limiting subsection (6)— (a) ina proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and (b) if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information. Com A DN FF WNe CID NM PWNrK OO \o NNNNW BRWNrF OO N n NW mon WwWNN rPoOon s 370 223 s 370 Education (General Provisions) Bill 2006 370 Obligation to report sexual abuse of student under 18 years attending non-State school d) (2) (3) (4) (5) (6) 7) Subsection (2) applies if a staff member of a non-State school (the first person) becomes aware, or reasonably suspects, that a student under 18 years attending the school has been sexually abused by someone else who is an employee of the school. The first person must give a written report about the abuse, or suspected abuse, to the school's principal or a director of the school's governing body— (a) immediately; and (b) if a regulation is in force under subsection (3), as provided under the regulation. Maximum penalty—20 penalty units. A regulation may prescribe the particulars the report must include. A non-State school's principal or a director of a non-State school's governing body must immediately give a copy of a report given to the principal or director under subsection (2) to a police officer. Maximum penalty—20 penalty units. A person who makes a report under subsection (2), or gives a copy of a report under subsection (4), is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else. Without limiting subsection (5)— (a) ina proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and (b) if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information. In this section— director, of a non-State school's governing body, means— Com ADNHW NK COMI AN F WN KF CO NY WwW — NWNnNnbwd nABWN N fom NN aon WWWhN Nr Ow WwW WwW KR WwW s 371 224 s 372 Education (General Provisions) Bill 2006 (a) if the governing body is a company under the Corporations Act—a person appointed as a director of the governing body; or (b) otherwise—a person who is, or is a member of, the executive or management entity, by whatever name called, of the governing body. Chapter 13 Schools in receipt of subsidy Part 1 Preliminary Definitions for ch 13 In this chapter— allowance includes a grant, subsidy or supplement. approved policy means a policy approved by the Minister under section 373. Part 2 Scholarships and allowances Provision of scholarships and payment of allowances (1) The Minister may, under an approved policy— (a) provide scholarships to be competed for by prospective students, or students, of a school in receipt of subsidy; or (b) pay an allowance to the governing body of a non-State school in receipt of subsidy for its use in the operation of the school; or Dunk WnNr 11 14 17 1922 s 373 (2) (3) (c) (d) (e) 225 s 373 Education (General Provisions) Bill 2006 pay an allowance to a person to offset the person's costs in attending a State school or non-State school; or pay an allowance to a person to offset the person's costs in receiving home education under chapter 9, part 5; or pay an allowance to a person operating a student hostel to defray the costs of operating the hostel. The Minister may pay an allowance under subsection (1)(b) on reasonable conditions the Minister considers appropriate. In this section— student hostel means a hostel for the accommodation of students attending a school in receipt of subsidy. 373 = Minister's policy (1) The Minister may approve a policy about the following— (2) (3) (a) (b) (c) the criteria to be satisfied for the provision of a scholarship, or payment of an allowance, under section 372; the basis for calculating the amount of the scholarship or allowance; how a person may apply to the Minister for the scholarship or allowance. The chief executive must keep a copy of a policy approved under subsection (1) available for inspection and permit a person— (a) (b) to inspect the policy without fee; and to take extracts from the policy without fee. For subsection (2)— (a) a copy of the policy— (i) must be kept at the head office of the department; and (ii) may be kept at any other place the chief executive considers appropriate; and C0 ON DN FW NK s 374 (4) (5) Part 3 226 s 374 Education (General Provisions) Bill 2006 (b) the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place. Also, the chief executive must keep a copy of a policy approved under subsection (1) available for supply to a person and permit a person to obtain a copy of the policy, or a part of the policy, without fee. In addition, the chief executive must keep a copy of a policy approved under subsection (1) posted on the department's web site on the Internet. Editor's note— The department's web site address on the Internet is <www.education.qld.gov.au>. Financial data 374 Requirement to give financial data d) (2) (3) (4) (5) (6) The purpose of this section is to enable the Minister to obtain information in relation to a non-State school in receipt of subsidy for deciding the amount of an allowance payable under section 372(1)(b). The governing body of a non-State school in receipt of subsidy must on or before the day prescribed under a regulation give the Minister financial data, for the school, relating to the previous year of operation of the school. The data must be provided in the approved form. The source of the data must be the audited financial statements for the school's governing body for the relevant year. Subsection (1) does not limit the matters the Minister may have regard to in deciding the amount of an allowance payable under section 372(1)(b). Subsection (2) does not apply if the school has been in operation for less than the whole of the relevant year. OPM NDNSL WNK eS rr Oo RR Wh OMDIND MN 22262932 s 375 227 s377 Education (General Provisions) Bill 2006 375 ~—' Further information or documents relating to financial data (1) This section applies to the governing body of a non-State school that has given financial data for the school to the Minister under section 374. (2) The Minister may by notice given to the governing body require it to give the Minister, within a reasonable time of at least 28 days stated in the notice, further information or a document the Minister reasonably requires about the data. (3) The governing body must comply with the requirement within the stated time. 376 _' False or misleading information or documents (1) Aschool's governing body must not under section 374 or 375 give information to the Minister the governing body knows is false or misleading in a material particular. Maximum penalty—20 penalty units. (2) A non-State school's governing body must not under section 374 or 375 give the Minister a document containing information the governing body knows is false or misleading in a material particular. Maximum penalty—20 penalty units. (3) Subsection (2) does not apply to a school's governing body if the governing body, when giving the document— (a) tells the Minister, to the best of the governing body's ability, how it is false or misleading; and (b) _ if the governing body has, or can reasonably obtain, the correct information—gives the correct information. 377 Confidentiality of financial data (1) This section applies to the following persons— (a) aperson who is, or was, the Minister; (b) another person who is, or was, involved in the administration of this part, including, for example, as a public service employee. COMANAD NWHW NE CSCOMAI NH NSW WV NY WN — NN WN NN ns NW on 2932 s 378 (2) (3) (4) Part 4 228 s 378 Education (General Provisions) Bill 2006 The person must not disclose protected information to anyone else. Maximum penalty—S0 penalty units. Subsection (2) does not apply if— (a) the information is disclosed— (i) in the performance of functions under this part; or (ii) with the written consent of the governing body of the school to which the information relates; or (b) _ the information is otherwise publicly available; or (c) the disclosure of the information is permitted or required under an Act or other law. In this section— protected information means information disclosed to, or obtained by, a person to whom this section applies under section 374 or 375. Giving of allowance acquittal details Allowance acquittal details d) (2) (3) (4) This section applies to a non-State school for which an allowance is being paid under section 372(1)(b). Within 6 months after the end of each year, the school's governing body must, in the approved form, give the board allowance acquittal details for the school for the year. Without limiting subsection (2), the governing body is taken to comply with subsection (2) if the details are given to the board, on the governing body's behalf, by an authorised nominee of the governing body. If the governing body does not comply with this section, the noncompliance is a ground for stopping payment of the allowance. CIA NN BPW Ne \o ee ro — N ition MB Ww 17 20 222527 29 s 379 229 s 381 Education (General Provisions) Bill 2006 (5) In this section— allowance acquittal details, for a non-State school for a year, means details of how the allowance has been expended, during the year, by the school's governing body. Annual report As soon as practicable after the end of each year, the board must give the Minister a written report about the details received by the board under section 378 relating to the year. Show cause notice (1) Subsection (2) applies if the board believes the ground mentioned in section 378(4) exists for stopping payment of the allowance. (2) The board must give the governing body a notice (a show cause notice) stating the following— (a) _ that the board proposes to make a recommendation that payment of the allowance be stopped (the proposed recommendation); (b) _ the grounds for the proposed recommendation; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) an invitation to the governing body to show, within a stated period (the show cause period), why the proposed recommendation should not be made. (3) The show cause period must be a period ending at least 30 days after the show cause notice is given to the governing body. Representations about show cause notice (1) The governing body may make written representations about the show cause notice to the board in the show cause period. (2) The board must consider all written representations (the accepted representations) made under subsection (1). BRWN DarID NN eCerAanMN FW NRO NX ow NNW WNre NNN ones 29 31 s 382 230 s 384 Education (General Provisions) Bill 2006 Ending show cause process without further action If, after considering any accepted representations for the show cause notice, the board no longer believes the ground exists for stopping payment of the allowance, the board— (a) must not take further action about the show cause notice; and (b) must, as soon as practicable, give notice to the governing body that no further action is to be taken about the show cause notice. Recommendation by board d) (2) (3) (4) (5) This section applies if after considering any accepted representations for the show cause notice, the board still believes the ground exists for stopping payment of the allowance. This section also applies if there are no accepted representations for the show cause notice. The board must make a recommendation that payment of the allowance be stopped. The board must, as soon as practicable after making the recommendation, give the recommendation to the Minister. In this section— recommendation includes reasons for the recommendation. Decision of Minister d) (2) (3) (4) This section applies if the Minister receives a recommendation under section 383(4). The Minister must decide whether payment of the allowance should be stopped. In making the decision, the Minister must have regard to, but is not bound by, the recommendation. If the Minister decides that payment of the allowance be stopped, the Minister must as soon as practicable give the board and governing body notice of the decision and reasons for the decision. COmPNI DUN PWN CSCO MONI DAN FWNKY CO Nw WY oe 25 27 29 3133 s 385 (5) (6) 231 s 386 Education (General Provisions) Bill 2006 If the Minister decides that payment of the allowance not be stopped, the Minister must as soon as practicable give the board and governing body notice of the decision. In this section— recommendation includes reasons for the recommendation. 385 Minister's discretion not limited d) (2) Part 5 The ground mentioned in section 378(4) for stopping payment of the allowance does not limit the Minister's discretion to stop payment for another reason. Also, if the Minister decides under section 384 that payment of the allowance not be stopped, the decision does not limit the Minister's discretion to stop payment at a later time. Other provisions 386 'False or misleading statement d) (2) (3) A person must not, for the purpose of obtaining a scholarship or allowance mentioned in section 372(1), give information to the Minister or chief executive the person knows is false or misleading in a material particular. Maximum penalty—S penalty units. A person must not, for the purpose of obtaining a scholarship or allowance mentioned in section 372(1), give the Minister or chief executive a document containing information the person knows is false or misleading in a material particular. Maximum penalty—S penalty units. Subsection (2) does not apply to a person if the person, when giving the document— (a) tells the Minister or chief executive, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. nN B WNre oan a 11 oN AN £ \o 2226 28 30 s 387 232 s 389 Education (General Provisions) Bill 2006 Chapter 14 Transfer notes Part 1 Preliminary 387 _ Definition for ch 14 In this chapter— relevant person, for a student of a State school or non-State school, means— (a) if the student is a child—a parent of the student; or (b) if the student is an adult—the student. 388 Meaning of transfer note d) (2) (3) A transfer note, for a former student or continuing student of a State school or non-State school, means a document in the approved form containing the information, including personal information, about the former student or continuing student of the type prescribed under a regulation. Without limiting subsection (1), a transfer note, for a former student or continuing student of a State school or non-State school, may include information about— (a) the results of the assessment of the former student or continuing student in an area of learning; and (b) behavioural issues relating to the former student or continuing student identified during the former student's, or continuing student's, attendance at a State school or non-State school. Information in a transfer note must be factual, succinct and objective. 389 Purpose of giving transfer note The purpose of giving the principal of a State school or non-State school a transfer note about a former student or continuing student of another State school or non-State school mara an ff WW Com ADDN PWNrKO NNNWNW WNrRO Nw ns 28 s 390 Part 2 Education (General Provisions) Bill 2006 s 390 under this chapter is to provide information to the principal that will help the principal— (a) ensure continuity of the student's educational program; and (b) meet the principal's duty of care obligations in relation to the student and the school community. Cessation of enrolment (1) Subject to subsection (3), subsection (2) applies if— Request for transfer notes (a) the enrolment of a student (the former student) of a State school or non-State school is ceased at the request of the relevant person for the former student; and (b) _ the relevant person for the former student, at the time of the request to cease enrolment, asks the school's principal to give the relevant person for the former student a transfer note for the former student. (2) The school's principal must, as soon as practicable after cessation of the enrolment, prepare a transfer note for the former student and give the relevant person for the former student— (a) the transfer note; and (b) copies of the documents relating to the former student mentioned in the transfer note. (3) However, subsection (4) applies if— (a) _ the relevant person for the former student is a parent of the student; and (b) the principal is reasonably satisfied it would be inappropriate to allow the parent to request that the enrolment cease or receive the transfer note and copies of the documents; and Dun PW Ne SOMA ANFW NYKO NY WN — NN Wh N BG NN nn WNNN ounaNn s 391 (4) (c) (d) 234 s 391 Education (General Provisions) Bill 2006 Example— It may be inappropriate for the parent to request that the enrolment cease or receive the transfer note and copies of the documents if the former student is living independently of his or her parents. the enrolment is ceased at the request of the former student; and the former student, at the time of the request to cease enrolment, asks the school's principal to give the former student a transfer note for the former student. The school's principal must, as soon as practicable after cessation of the enrolment, prepare a transfer note for the former student and give to the former student— (a) (b) the transfer note; and copies of the documents relating to the former student mentioned in the transfer note. 391 Application for enrolment (1) Subsection (3) applies if— (2) (3) (a) (b) the enrolment of a student (the former student) at a State school or non-State school (the previous school) has ceased and the former student has not been enrolled at a State school or non-State school since the cessation; and an application for the enrolment of the former student at a State school or non-State school (the new school) has been made. Subsection (3) also applies if— (a) (b) the enrolment of a student (the continuing student) at a State school or non-State school (also the previous school) is continuing; and an application for the enrolment of the continuing student at a State school or non-State school (also the new school) has been made. The new school's principal may give the previous school's principal a notice (the first notice), asking the previous Com NAD NPWN DAN BP WNrY CO 2123 25293235 s 391 (4) (5) (6) 7) (8) 235 s 391 Education (General Provisions) Bill 2006 school's principal to give the new school's principal a transfer note for the former student or continuing student. Within 10 school days after being given the first notice, the previous school's principal must prepare a transfer note for the former student or continuing student and give to the new school's principal— (a) the transfer note; and (b) copies of the documents relating to the former student or continuing student mentioned in the transfer note. The new school's principal must, at the time of giving the first notice, also notify the relevant person for the former student or continuing student that the first notice has been given. If requested by the relevant person for the former student or continuing student, the new school's principal must, as soon as practicable after receiving the transfer note and copies of the documents mentioned in subsection (4)(b), give the relevant person for the student— (a) acopy of the transfer note; and (b) copies of the documents. However, if the relevant person for the former student or continuing student is a parent of the former student or continuing student, subsection (6) does not apply if the new school's principal is reasonably satisfied it would be inappropriate in the circumstances to allow the parent to receive a copy of the transfer note and copies of the documents. Example— It may be inappropriate, in certain circumstances, to allow a parent of the former student or continuing student to receive a copy of the transfer note and copies of the documents if the former student or continuing student is living independently of his or her parents. If subsection (7) applies, the new school's principal must, as soon as practicable after receiving the transfer note and copies of the documents mentioned in subsection (4)(b), give the former student or continuing student— (a) acopy of the transfer note; and (b) copies of the documents. om IY DANBW NE eCerADNHW NYKO \o NNN NNNW DANRWNK OS N ~ WWNN Rowen WW WwW WwW nABwWN WwW Ww on s 392 236 s 393 Education (General Provisions) Bill 2006 392 Transfer of records between State schools d) (2) Part 3 This section applies if the enrolment of a student (the former student) at a State school (the previous school) has ceased and the former student is later enrolled at another State school (the new school). This part does not prevent the former school's principal transferring records, in the possession of the former school's principal, relating to the former student to the new school's principal. Protection from liability 393 'Protection from liability d) (2) A State school's, or non-State school's, principal is not civilly liable for an act done, or omission made, honestly and without negligence under this chapter. If subsection (1) prevents a civil liability attaching to a State school's, or non-State school's, principal, the liability attaches instead— (a) for a State school's principal—to the State; or (b) for a non-State school's principal—the school's governing body. COMANID WHRWN SCO WO ANIDN BWN NX s 394 237 s 396 Education (General Provisions) Bill 2006 Chapter 15 Reviews and appeals Part 1 Reviews of decisions by chief executive Who may apply for review A person who is given, or is entitled to be given, an information notice for a decision (the original decision) and who is dissatisfied with the decision may apply to the chief executive for a review of the decision. Application for review d) (2) (3) The application must be made— (a) if the person is given an information notice about the decision—within 30 school days after the person is given the information notice; or (b) otherwise—within 30 school days after the person otherwise becomes aware of the decision. The chief executive may extend the time for making the application. The application must be in the approved form and supported by enough information to enable the chief executive to decide the application. Review decision d) Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by— (a) the person who made the original decision; or (b) aperson ina less senior office in the department than the person who made the original decision. AANDN F w \o SCOmDMANAD NH WNF CO NX 2327 s 397 (2) (3) (4) (5) Part 2 238 s 398 Education (General Provisions) Bill 2006 Within 40 school days after the making of the application, the chief executive must review the original decision and make a decision (the review decision)— (a) confirming the original decision; or (b) amending the original decision; or (c) substituting another decision for the original decision. The chief executive must make the review decision on the material that led to the original decision and any other material the chief executive considers relevant. The chief executive must, as soon as practicable after making the review decision, give the applicant notice of the review decision. If the review decision is not the decision sought by the applicant, the notice must state— (a) the review decision; and (b) the reasons for the review decision; and (c) that, within 28 days after receiving the notice, the applicant may appeal against the review decision to a Magistrates Court. Appeal against review decisions Application of pt 2 This part applies if the chief executive makes a review decision and the applicant is dissatisfied with the review decision. Appeal to Magistrates Court d) (2) The applicant may appeal against the review decision to a Magistrates Court. The appeal must be started— CMAN DWN BR WNeR CMAN DN PW NRO 21 2428 s 399 239 s 400 Education (General Provisions) Bill 2006 (a) if the applicant receives notice of the review decision 1 under section 396(5)—within 28 days after the notice is 2 received; or 3 (b) otherwise—within 28 days after the applicant becomes 4 aware of the review decision. 5 (3) However, the court may extend the time for making the 6 appeal. 7 399 Conduct of appeal 8 (1) The appeal is started by filing a notice of appeal in the court. 9 (2) The appeal is by way of rehearing, unaffected by the review 0 decision, on the material before the chief executive and any 1 further evidence allowed by the court. 2 (3) The court may— 3 (a) allow the appeal and make any order it considers 4 appropriate; or 5 (b) dismiss the appeal. 6 Part 3 Appeals against directions 17 under s 344 or 353 18 400 _ Definition for pt 3 19 In this part— 20 court means— 21 (a) for an appeal relating to a child—the Childrens Court; 22 or 23 (b) otherwise—a Magistrates Court. 24 s 401 240 s 403 Education (General Provisions) Bill 2006 A person (the appellant) who is given a direction under section 344 or 353% (the original direction) may appeal against the original direction to a court.3! The notice of appeal under the Uniform Civil Procedure Rules 1999 must be filed with the registrar of the court within 10 days after the appellant is given the original direction. (1) In deciding the appeal, the court— (a) has the same powers as the person who gave the original (b) is not bound by the rules of evidence; and (c) must comply with natural justice; and (d) must allow a child to be represented by an associated (e) may not make an order for costs, other than for filing (2) To remove any doubt, it is declared that the Childrens Court Act 1992, section 20°? applies if the appeal is heard by the (3) The appeal is by way of rehearing on the material before the person who gave the original direction and any further evidence allowed by the court. (4) The respondent to the appeal may be represented by a lawyer at the hearing of the appeal only if the appellant is also 401 Who may appeal 402 = Starting an appeal 403 Hearing procedures direction; and adult; and fees. Childrens Court. represented by a lawyer. Section 344 (Prohibition from entering premises) or 353 (Prohibition from entering premises) The Uniform Civil Procedure Rules 1999 contains provisions about appeals to a Magistrates Court. Childrens Court Act 1992, section 20 (Who may be present at a proceeding) BRWN worn nN ear anAN fF WNrY CO Nw roo NNN BRWN NbN AUDN s 404 241 s 405 Education (General Provisions) Bill 2006 (5) In this section— associated adult, for a child, means an adult who— (a) is the child's parent, step-parent or guardian; or (b) _ is the child's spouse; or (c) _ has parental rights and duties for the child; or (d) might reasonably be expected to have authority over the child's conduct. 404 Powers of court on appeal (1) In deciding the appeal, the court may— (a) confirm the original direction; or (b) amend the original direction; or (c) | substitute another direction for the original direction; or (d) _ set aside the original direction and return the issue to the person who gave the original direction with the directions the court considers appropriate. (2) If the court amends the original direction or substitutes another direction for the original direction, the amended or substituted direction is, for this Act (other than this part), taken to be the direction of the person who gave the original direction. Part 4 Appeal against decision under s 69, 72, 158, 306(4) or 313(6) 405 _ Definitions for pt 4 In this part— aggrieved person means— (a) a student aggrieved by the decision of a principal's supervisor under section 69; or NAD WN BW NN \o wo SCOmMID WHRW NY KF CO NX 22 2427 s 406 242 s 406 Education (General Provisions) Bill 2006 (b) a student aggrieved by the chief executive's decision under section 72, 306(4) or 313(6); or (c) a person who made a submission to the Minister about the person's removal from an association and who is aggrieved by the Minister's decision under section 158.33 court means a Magistrates Court. 406 Appeal (1) An aggrieved person may appeal to a court against the decision about which the person is aggrieved. (2) The appeal must be started— (a) if the aggrieved person receives notice of the decision under this Act—within 28 days after the notice is received; or (b) otherwise—within 28 days after the aggrieved person becomes aware of the decision. (3) However, the court may extend the time for making the appeal. (4) The appeal must be started by filing a notice of appeal in the court. (5) The appeal is by way of rehearing on the material that was before the person whose decision is appealed against and any further evidence allowed by the court. (6) The court may— (a) allow the appeal and make any order it considers appropriate; or (b) dismiss the appeal. 33 Section 69 (Dealing with submissions against principal's decision), 72 (Chief executive must consider and decide application for further semesters), 158 (Dealing with submissions against removal) 306 (Exclusion of student by chief executive) or 313 (Exclusion) \o ow AY ADANSW NK CN AN PWN KF CO 2226 s 407 243 s411 Education (General Provisions) Bill 2006 Chapter 16 Legal proceedings Part 1 Evidence Application of pt 1 This part applies to a proceeding under this Act. Definition for pt 1 In this part— authorised officer means a person who is an authorised officer under section 182(6) or 245(6). Appointments and authority It is not necessary to prove the appointment of the chief executive or an authorised officer, or the authority of the chief executive or an authorised officer to do anything under this Act, unless a party to a proceeding under this Act, by reasonable notice, requires proof of the appointment or authority. Signatures A signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be. Other evidentiary aids (1) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— (a) astated document is— (i) an approval, decision or requirement made under this Act; or (ii) an exemption issued under chapter 9, part 3; or ory nwn aARWNrF OO onwmn a 2226 s411 (b) (c) (d) (e) (f) (g) 244 s411 Education (General Provisions) Bill 2006 (iii) an exemption issued under chapter 10, part 5; or (iv) a notice given under this Act; a stated document is a copy of a document mentioned in paragraph (a); on a stated day, or during a stated period, an authorisation as an authorised officer was, or was not, in force for a stated person; on a stated day, or during a stated period, an exemption issued under chapter 9, part 3 for a stated child was, or was not, in force; on a stated day, or during a stated period, an exemption issued under chapter 10, part 5 for a stated young person was, or was not, in force; on a stated day, a stated person was given a stated notice under this Act; on a stated day, a stated requirement was made of a stated person. (2) Ina proceeding for an offence against section 180(1)34— (a) (b) (c) a certificate purporting to be signed by a State school's, or non-State school's, principal— (i) that a stated child is, or is not, enrolled at the school; or (ii) stating the details of attendance of a stated child at the school; is evidence of the matter; and a certificate purporting to be signed by the chief executive that the chief executive consents to the bringing of the proceeding is evidence of the consent; and a statement in a complaint that a child was of compulsory school age at the time of the offence is evidence of the matter. Section 180 (Obligation of each parent) om ADDN PW NY CAD NF WNrY CO iS) ow NW Noe NN BW N n Nwny COmAND WW WwW NRO s 412 245 s 415 Education (General Provisions) Bill 2006 Part 2 Offence proceedings 1 412 Summary proceedings for offences 2 (1) A proceeding for an offence against this Act must be taken in 3 a summary way under the Justices Act 1886. 4 (2) The proceeding must start within the later of the following 5 periods to end— 6 (a) 1 year after the commission of the offence; 7 (b) 6 months after the offence comes to the complainant's 8 knowledge, but within 2 years after the commission of 9 the offence. 0 413 Statement of complainant's knowledge 1 In a complaint starting a proceeding for an offence against this 2 Act, a statement that the matter of the complaint came to the 3 complainant's knowledge on a stated day is evidence of when 4 the matter came to the complainant's knowledge. 5 414 Evidence of chief executive's consent 6 A certificate, purporting to be signed by the chief executive, 7 that the chief executive consents to the bringing of 8 proceedings for an offence against section 243(1)*> is 9 evidence of the consent. 20 Chapter17 Minister's powers 21 415 Power of Minister to be member of entity 22 (1) The Minister, or a person authorised by the Minister for this 23 section, may by invitation from or agreement with anentity— 24 (a) be amember of the entity if— 25 35 Section 243 (Obligation to ensure participation) s 416 (2) (3) 246 s417 Education (General Provisions) Bill 2006 (i) _ its objects include education, research or any other matter associated with the process of learning or teaching (the relevant objects); or (ii) in the opinion of the Minister, it is engaged in the promotion of education; and (b) enter into an agreement with an entity whose objects include the relevant objects, in relation to the objects. If the Minister is a member of an entity under subsection (1)(a), the Minister may be a member of the governing body of the entity. The Minister may incur any expenses, or pay any contributions, that membership of an entity under subsection (1) requires. Establishment of advisory committees The Minister may establish advisory committees to advise the Minister on any aspect of education. Forming or establishing entities for furthering education d) (2) (3) The Minister may form or establish, or participate in the forming or establishing of, an entity for any purpose that may directly or indirectly further education in any way. An entity formed or established under subsection (1) is a statutory body under the Financial Administration and Audit Act 1977 and the Statutory Bodies Financial Arrangements Act 1982. The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the powers under this Act of an entity formed or established under subsection (1) are affected by the Statutory Bodies Financial Arrangements Act 1982. Com AD NH WNe WNr Oo A nun 2224 2628 s 418 Ch 247 s419 Education (General Provisions) Bill 2006 apter18 = International educational institutions approved entity, of a country, means an entity the Minister reasonably believes ordinarily authorises persons to teach primary or secondary curriculums of the country. criminal history, of a person, means the person's criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, and— (a) despite sections 6 and 9 of that Act, includes a conviction of the person to which any of the sections (b) despite section 5°° of that Act, includes a charge made against the person for an offence. international educational institution means an institution, facility, school or college in Queensland that offers, or proposes to offer, an overseas curriculum. overseas curriculum means a curriculum that is, or is a variation of, the whole or part of the primary or secondary curriculum of a foreign country. Limitation on operation of international educational A person must not operate an international educational institution in Queensland unless the person has the Governor in Council's approval under this chapter. Maximum penalty—100 penalty units. 418 Definitions for ch 18 In this chapter— applies; andinstitution Criminal Law (Rehabilitation of Offenders) Act 1986, sections 5 (Matter excluded from criminal history), 6 (Non-disclosure of convictions upon expiration of rehabilitation period) and 9 (Duty to disregard certain convictions) om ADM FL WwW FOO OND WK WNKY CO NW 25 s 420 248 s 421 Education (General Provisions) Bill 2006 Recommendation by Minister d) (2) Before recommending that the Governor in Council give an approval to a person to operate an international educational institution in Queensland (an international institution approval), the Minister must have regard to the financial viability of the institution. Subsection (1) does not limit the matters the Minister may have regard to in deciding whether to make a recommendation under subsection (1). Conditions of approval d) (2) (3) An international institution approval may contain conditions that are relevant and reasonable. Without limiting subsection (1), the following conditions apply to an international institution approval— (a) a person who teaches at the institution to which the approval relates must be authorised under a law, or by an approved entity, of the country in which the institution's overseas curriculum is ordinarily offered, to teach the curriculum; (b) a person must not teach at the institution if the Minister reasonably considers the person may pose a risk to the safety of children attending the institution; (c) a student who successfully completes the institution's overseas curriculum must be eligible to receive an academic award for its completion from an entity of the country in which the curriculum is ordinarily offered; (d) the institution must have written guidelines about the appropriate conduct of its staff and students that accord with legislation applying in the State about the care or protection of children. The conditions of an international institution approval, other than the conditions mentioned in subsection (2), must be stated on the approval. COMPA DANBWN COANDMN PW NK CO NNW NRO NNNN DnB W WNNN ounaNn WW WW WNrR s 422 (4) 249 s 424 Education (General Provisions) Bill 2006 A person who is approved, under an international institution approval, to operate an international educational institution in Queensland must comply with the conditions of the approval. Maximum penalty for subsection (4)—10 penalty units. 422 Criminal history reports d) (2) (3) For section 421(2)(b), the Minister may ask the commissioner of the police service for a written report about the criminal history of a person who will be teaching, or teaches, at an international educational institution. The commissioner of the police service must comply with the request. The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner's possession or to which the commissioner has access. 423 Payment of allowances A regulation may provide for the payment of allowances to persons enrolled at an international educational institution that a person is approved to operate under an international institution approval. Chapter 19 Miscellaneous 424 Special education d) (2) The Minister may provide, or assist in the provision of, special education to a person with a disability who is enrolled at a non-State school. Also, subject to the agreement of a parent of a person with a disability who is below compulsory school age, the Minister may provide, or assist in the provision of, special education to the person with a disability. CODINID UN BR WNeR nABRWN FO COMMON OD 242729 s 425 250 s 427 Education (General Provisions) Bill 2006 425 'Transportation assistance for certain students (1) The Minister may give assistance to an eligible student relating to his or her transportation to or from a school in receipt of subsidy. (2) The ways the Minister may give the assistance include the following— (a) paying to the student, or a parent of the student, all or part of the expenses of the transportation; (b) making payments to a provider of the transportation; (c) helping to organise or coordinate the transportation. (3) In this section— eligible student means a person who— (a) is attending a school in receipt of subsidy; and (b) _ has a disability that necessitates transport to or from the school by a means that takes account of the disability. 426 Grants to entities The Minister may give a grant to an entity for the purpose of— (a) helping children to achieve their best learning outcomes; or (b) promoting the re-engagement of children in education or training. 427 = Annual reporting by State school's principal or non-State school's governing body (1) The Minister may approve a policy about the publication by a State school's principal, or non-State school's governing body, of an annual report containing— (a) information relating to the school and its policies; and (b) aggregate data about the student outcomes for all persons enrolled at the school in the previous year. C©o ONY DAN PWN nk WN © ona 22 24 2630 s 428 (2) (3) (4) (5) (6) 251 s 428 Education (General Provisions) Bill 2006 A State school's principal, or non-State school's governing body, must comply with a policy approved under subsection (1). The chief executive must keep a copy of a policy approved under subsection (1) available for inspection and permit a person— (a) to inspect the policy without fee; and (b) _ to take extracts from the policy without fee. For subsection (3)— (a) acopy of the policy— (i) must be kept at the head office of the department; and (ii) may be kept at any other place the chief executive considers appropriate; and (b) the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place. Also, the chief executive must keep a copy of a policy approved under subsection (1) available for supply to a person and permit a person to obtain a copy of the policy, or a part of the policy, without fee. In addition, the chief executive must keep a copy of a policy approved under subsection (1) posted on the department's web site on the Internet. Editor's note— The department's web site address on the Internet is <www.education.qld.gov.au>. Parent and teacher discussions d) A State school's, or non-State school's, principal must ensure that a parent of each child enrolled at the school is given the opportunity, at least twice a year, to discuss the child's educational performance at the school with the child's teachers. Co WAN ANH WHR NY SCOmMmM ADU PW NF CO N — NNN BRWN N n NW Deny 3032 s 429 252 s 430 Education (General Provisions) Bill 2006 (2) Subsection (1) does not apply if the principal is satisfied it would be inappropriate in the circumstances to give the parent the opportunity. Example— It may be inappropriate to give the parent the opportunity if the child is living independently of his or her parents. 429 Student reports (1)_ A State school's, or non-State school's, principal must ensure that a written report on the educational performance at the school of a person enrolled at the school is given at least twice a year— (a) if the person is a child—to a parent of the person; or (b) _ if the person is an adult—to the person. (2) Subsection (1)(a) does not apply, and the report must be given to the person, if the principal is satisfied it would be inappropriate in the circumstances for a parent of the person to be given the report. Example— It may be inappropriate for a parent of the person to be given the report if the person is living independently of his or her parents. 430 Confidentiality (1) This section applies to a person— (a) who is or has been— (i) _ the chief executive or a public service employee in the department; or (ii) an employee of a State school; or (iii) an approved entity or a representative of an approved entity; or (iv) amember of an association; and (b) who, in that capacity, has gained or has access to personal information about a student, prospective student or former student of a State school. Dn FB WNRe ~ \o CSCO WADWNH WN KO NX NY NWN WN Nw ns N fom NN on N \o WwW WwW NRO s 430 (2) (3) (4) 253 s 430 Education (General Provisions) Bill 2006 This section also applies to a person— (a) who is or has been an employee of a relevant non-State school; and (b) who, in that capacity, has gained or has access to personal information about a former student or continuing student of the relevant non-State school contained in a transfer note for the former student or continuing student. The person must not make a record of the information, use the information or disclose the information to anyone else, other than— (a) fora purpose of this Act; or (b) with the consent of the person to whom the information relates, or if the person is a child unable to consent, with the consent of a parent of the child; or (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or (d) as permitted or required by another Act; or (e) with the written consent of the chief executive, who may give the consent if he or she is reasonably satisfied the recording, use or disclosure is— (i) necessary to assist in averting a serious risk to the life, health or safety of a person, including the person to whom the information relates; or (ii) in the public interest. Maximum penalty—S0 penalty units. In this section— approved entity means an entity approved under section 78. disclose, information, includes give access to the information. employee, of a State school or relevant non-State school, includes— (a) aperson appointed to a position with the school; and C0 OAAIADNH WN CID NEW NY KO \o NNW NRO NNN On B&W ian) aon a 30 32 s 431 254 s 431 Education (General Provisions) Bill 2006 (b) a person engaged by the chief executive, the State school's principal, or the relevant non-State school's governing body, under a contract for services; and (c) a volunteer who performs a task at the school. personal information means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. relevant non-State school means a non-State school, the governing body of which is not an organisation within the meaning of the Privacy Act 1988 (Cwlth), section 6C. 431 Homework guidelines for State schools d) (2) (3) (4) The chief executive may make guidelines about homework for State schools. Issues that may be addressed by a guideline include the following— (a) _ the purpose of homework; (b) homework approaches appropriate to each stage of learning at a State school; (c) the setting of homework tasks for a student appropriate to the student's ability; (d) the recommended amount of time a student should be expected to spend on homework; (e) the responsibilities of teachers, parents and students in relation to homework; (f) the development and implementation of a homework policy by a State school's principal. A guideline may be amended or replaced by a later guideline made under this section. A guideline must be made available to each principal of a State school. C0 OINIDN FP WNe ro om rN DAN FW WN 23 25 27 29 31 s 432 255 s 435 Education (General Provisions) Bill 2006 432 Collection of demographic information d) (2) (3) The chief executive may collect demographic information about State school students and their parents if the only purpose of the collection is give effect to, or manage, an education funding arrangement. To remove any doubt, it is declared that subsection (1) does not prevent the collection by the chief executive of demographic information about State school students and their parents for a purpose of this Act. In this section— education funding arrangement means a_ funding arrangement for educational services provided by the State entered into between the Commonwealth and the State. 433 Chief executive's directions about State school records and reports A State school's principal must comply with the chief executive's written directions to the principal about the following matters— (a) the school records that must be kept; (b) the reports about the school that must be given to the chief executive; (c) the times by which, and the way in which, the records must be kept or the reports given. 434 Failure to decide application d) (2) This section applies if, under this Act, the chief executive is taken to have decided to refuse to grant an application. To remove any doubt, it is declared the chief executive must as soon as practicable give the applicant an information notice about the decision. 435 Delegation by Minister d) The Minister may delegate the Minister's powers under this Act to an appropriately qualified person. SCOMHAID NHRWN WNrF Oo OAD Wf 23 26 2832 s 436 256 s 438 Education (General Provisions) Bill 2006 (2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing— a person's classification level in a department 436 Delegation by chief executive (1) The chief executive may delegate the chief executive's powers under this Act to an appropriately qualified officer of the department. (2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing— a person's classification level in the department 437 Approval of forms The chief executive may approve forms for use under this Act. 438 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about the following— (a) fees, including the refunding of fees, for this Act, other than the fees mentioned in section 51;37 (b) the management, administration and control of the operations of a State educational institution; (c) _ the use of a State educational institution's premises; (d) the dissolution of an association or school council; 37 Section 51 (Power to charge particular persons or for particular educational services) onan a nA BR WN RW NF CO n \o wo 22 24 26 s 439 (3) 257 s 440 Education (General Provisions) Bill 2006 (e) imposing a penalty of not more than 10 penalty units for a contravention of a provision of a regulation. Without limiting subsection (2)(a), a regulation may be made about fees for the provision of education, including distance education, by a State school to a person enrolled at a non-State school. Chapter 20 Repeal, validations and transitional provisions Part 1 Repeal of Acts 439 Repeal The following Acts are repealed— ° Education (General Provisions) Act 1989 No. 30 ° Youth Participation in Education and Training Act 2003 No. 62. Part 2 Validations 440 _ Validation of fee waiver d) (2) This section applies if, before the commencement of this section, the chief executive waived, wholly or partly, the payment by a person of a fee payable under the Education (General Provisions) Regulation 2000, section 72(4). The waiver is taken to be, and to always have been, valid and effective. DnkwW Ne 11 14 1820 22 s 441 258 s 444 Education (General Provisions) Bill 2006 Part 3 Transitional provisions 441 Definitions for pt 3 commencement means the commencement of the provision in which the term appears. corporation sole means the corporation sole named "The Minister for Education of Queensland', constituted under the repealed E(GP) Act. repealed E(GP) Act means the Education (General Provisions) Act 1989 as in force from time to time before its repeal. repealed YPET Act means the Youth Participation in Education and Training Act 2003 as in force from time to time before its repeal. References to repealed Acts In an Act or document, a reference to the Education (General Provisions) Act 1989 or the Youth Participation in Education and Training Act 2003 may, if the context permits, be taken to be a reference to this Act. Dissolution of corporation sole On the commencement, the corporation sole is dissolved. Vesting of assets, rights and liabilities of corporation sole (1) On the commencement— (a) the assets, rights and liabilities of the corporation vest in the State; and (b) the State is substituted for the corporation sole i sole n all contracts to which the corporation sole is a party; and (c) any property held by the corporation sole on trust is by the State on the terms of the trust. held Com ADM FW WV WNr Oo COAIDN fF 22 25 27 29 s 445 259 s 448 Education (General Provisions) Bill 2006 (2) Despite subsection (1)(b), the chief executive is substituted for the corporation sole in all contracts, entered into under the Education (Work Experience) Act 1996, section 8 or 9, to which the corporation sole is a party. 445 _ _ Legal proceedings involving the corporation sole A legal proceeding that could have been started or continued by or against the corporation sole immediately before the commencement may be started or continued against the State. 446 _ _—' References to corporation sole A reference in an Act or document in existence immediately before the commencement to the corporation sole may, if the context permits, be taken to be a reference to the State. 447 Offences (1) Proceedings for an offence against the repealed E(GP) Act or the repealed YPET Act may be continued, or started, and the provisions of the repealed E(GP) Act or the repealed YPET Act necessary or convenient to be used in relation to the proceedings continue to apply as if this Act had not commenced. (2) For subsection (1), the Acts Interpretation Act 1954, section 20,38 applies but does not limit the subsection. 448 Power of Minister to be member of committees etc. (1) Subsection (2) applies if, immediately before the commencement, the Minister, or a person authorised by the Minister for the repealed E(GP) Act, section 9, was a member of a committee, group or body mentioned in that section. (2) The committee, group or body is taken to be an entity mentioned in section 415 and the Minister or person authorised by the Minister is taken to be a member of the committee, group or body for that section. 38 = Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.) BRWNR CAIN WN NRO FO OMNDWNHA W NW 2426 2830 s 449 (3) (4) 260 s 451 Education (General Provisions) Bill 2006 Subsection (4) applies if, immediately before the commencement, the Minister, or person authorised by the Minister, was a party to an agreement mentioned in the repealed E(GP) Act, section 9, with a committee, group or body mentioned in that section. The Minister or person authorised by the Minister is taken to be a party to an agreement mentioned in section 415. Advisory committees An advisory committee established under the repealed E(GP) Act, section 12, and in existence immediately before the commencement continues as an advisory committee established under section 416 and the members of the committee continue as members. State educational institutions d) (2) (3) (4) A State school established under the repealed E(GP) Act, section 16, and in existence immediately before the commencement, is taken to be a State school established under section 13. A centre for continuing secondary education established under the repealed E(GP) Act, section 17, and in existence immediately before the commencement, is taken to be a State school established under section 13. A environmental education centre or outdoor education centre established under the repealed E(GP) Act, section 17, and in existence immediately before the commencement, is taken to be a State educational institution established under section 14. A centre, hostel or college established under the repealed E(GP) Act, section 18, and in existence immediately before the commencement, is taken to be a State educational institution established under section 15. Curriculum framework and directions d) A curriculum framework applying, immediately before the commencement, under the repealed E(GP) Act, section 19 to AD NSWNKE \o ow WwNrF oO CAIDN fF 22 2426 2830 33 s 452 (2) (3) (4) (5) 261 s 453 Education (General Provisions) Bill 2006 an educational institution is taken to be a curriculum framework applying to the institution under section 21. A direction given under the repealed E(GP) Act, section 19B(2), and in force immediately before the commencement, is taken to be a direction given under section 23(2). A direction given under the repealed E(GP) Act, section 19B(3), and in force immediately before the commencement, is taken to be a direction given under section 23(3). A direction given under the repealed E(GP) Act, section 19B(4), and in force immediately before the commencement, is taken to be a direction given under section 23(4). A direction given under the repealed E(GP) Act, section 19C, and in force immediately before the commencement, is taken to be a direction given under section 24. 452 Chief executive's directions about State school records and reports A written direction about school records or reports given by the chief executive to a State school principal under the repealed E(GP) Act, section 25(1), and in force at the commencement, is taken to be a written direction under section 433. 453 Instruction in a religious or other belief d) (2) A minister or accredited representative of a_ religious denomination or society who, immediately before the commencement, was entitled to give religious instruction under the repealed E(GP) Act, section 26, is taken, for 12 months after the commencement, to be an entity approved under section 78 to give instruction in a religious or other belief to students of a State school. If a student at a State school is, at the commencement, receiving religious instruction under the repealed E(GP) Act, section 26, a parent of the student is taken to have given a notice to the school's principal under section 77(5) or (6) for the student. C0 OAD NHW NRE BRWN FO rPOoOOoOMmArN AN Nw 2426283133 s 454 262 s 457 Education (General Provisions) Bill 2006 454 Application for mature age student notices An application for a mature age student notice made to the chief executive under the repealed E(GP) Act, section 26AD, but not decided under section 26AE of that Act immediately before the commencement— (a) is taken to have been made under section 28; and (b) must be decided under section 29. 455 Currency of positive notice A positive notice issued under the repealed E(GP) Act, section 26AE, and in force immediately before the commencement— (a) is taken to be a positive notice issued under section 29; and (b) remains in force until it would have expired under the repealed E(GP) Act unless it is sooner cancelled and replaced under chapter 2, part 5, division 5. 456 Review of decision to issue negative notice d) (2) If, immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 26AP, to apply for a review of a decision to issue the person with a negative notice but had not applied, the person may apply for a review under section 40. An application for a review made under the repealed E(GP) Act, section 26AP, but not decided under section 26AR of that Act immediately before the commencement— (a) is taken to be an application made under section 40; and (b) must be decided under section 42. 457 ~—_Behaviour plans A behaviour management plan for a State school, developed under the repealed E(GP) Act, section 27, and in force immediately before the commencement, is taken, for 6 months after the commencement, to be an approved behaviour plan for the school, under chapter 12, part 2. co ow ND NWBWN aARwW NR © iS) COMAN OD 2326 2931 s 458 263 s 461 Education (General Provisions) Bill 2006 458 'Time limit on new application for mature age student notice (1) Subsection (2) applies if— (a) before the commencement, the chief executive decided an application under the repealed E(GP) Act for a mature age student notice by issuing the person with a negative notice; and (b) immediately before the commencement, the time under section 26AT of that Act before which the person could make another application had not arrived. (2) The person may not make an application for a mature age student notice under chapter 2, part 5, before that time. 459 Suspension of student If a student was suspended under the repealed E(GP) Act, section 29, and, immediately before the commencement, the period of suspension had not expired, the period continues as if it were a suspension under section 289. 460 Submission against suspension for more than 5 days If, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 31, to make a submission against a suspension of more than 5 days but had not made a submission, the student may make the submission under section 291. 461 Dealing with submissions against suspension for more than 5 days If a submission against a suspension for more than 5 days was made under the repealed E(GP) Act, section 31, but not dealt with under section 32 of that Act before the commencement, the submission may be dealt with under section 292. COD ANADNH W NK So NOR NADNH W 2123 25 2729 s 462 264 s 466 Education (General Provisions) Bill 2006 462 Recommendation to principal's supervisor of exclusion of student A recommendation that a student be excluded, made under the repealed E(GP) Act, section 34(2), but not dealt with under section 36 of that Act before the commencement— (a) is taken to be a recommendation made under section 294(2); and (b) may be dealt with under section 297. Suspension pending dealing with recommendation for exclusion If a student was suspended from a State educational institution, under the repealed E(GP) Act, section 34(2)(b), but, immediately before the commencement, had not been given a notice under subsection (3) of that section— (a) _ the suspension is taken to be a suspension under section 294(2)(b); and (b) _ the student must be given a notice under section 294(3). Submissions against suspension and recommendation for exclusion If, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 35, to make a submission against a suspension and recommendation for exclusion but had not made a submission, the student may make the submission under section 296. Exclusion of student by principal's supervisor If a student was excluded under the repealed E(GP) Act, section 36, and, immediately before the commencement, the period of exclusion had not expired, the period continues as if it were a exclusion under section 297. Suspension pending final decision about exclusion If a student was suspended under the repealed E(GP) Act, section 36C, and, immediately before the commencement, the CoAID NRW NE YAN BWNeK CO 21232729 32 s 467 265 s 471 Education (General Provisions) Bill 2006 period of suspension had not expired, the period continues as if it were a suspension under section 304. Submissions against proposed exclusion If, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 36D, to make a submission against a proposed exclusion but had not made a submission, the student may make the submission under section 305. Exclusion of student by chief executive If a student was excluded under the repealed E(GP) Act, section 36E, and, immediately before the commencement, the period of exclusion had not expired, the period continues as if it were an exclusion under section 306. Submission against exclusion decision If, immediately before the commencement, an excluded person was entitled under the repealed E(GP) Act, section 37, to make a submission against the exclusion but had not made a submission, the excluded person may make the submission under section 316. Dealing with submissions against exclusions If a submission against exclusion was made to the chief executive under the repealed E(GP) Act, section 37, but the chief executive had not made a decision under section 38 about the submission before the commencement, the submission— (a) is taken to have been made under section 316; and (b) must be dealt with under section 317. Periodic review of decision to exclude If, immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 38A(4), to N AaADMNH W WwNrR oO OmMDNDN SF 222427 30 s 472 266 s 475 Education (General Provisions) Bill 2006 make a submission to the chief executive about whether the person's exclusion should be revoked but the person had not made a submission, the person may make the submission under section 318. Dealing with submissions about whether exclusion should be revoked If a submission about whether a student's exclusion should be revoked was made to the chief executive under the repealed E(GP) Act, section 38A, but, before the commencement, the chief executive had not made a decision about the submission, the submission— (a) is taken to have been made under section 318; and (b) must be dealt with under section 318. Cancellation of student's enrolment If a student's enrolment was cancelled under the repealed E(GP) Act, section 40, and, immediately before the commencement, the period of cancellation had not expired, the period continues as if it were a cancellation under section 324. Submission against cancellation of enrolment If, immediately before the commencement, a person under a cancellation was entitled under the repealed E(GP) Act, section 41, to make a submission against the cancellation of enrolment but had not made a submission, the person may make the submission under section 325. Dealing with submissions against cancellation of enrolment If a submission against the cancellation of a person's enrolment was made to a principal's supervisor under the repealed E(GP) Act, section 41, but, immediately before the commencement, the supervisor had not made a decision about the submission, the submission— COomrn ann BRWNrF Ww NFO CMAN DN SF 222427 2931 s 476 267 s477 Education (General Provisions) Bill 2006 (a) is taken to have been made under section 325; and (b) must be dealt with under section 326. Submissions about suspensions, exclusions or cancellations d) (2) parent, in relation to a student who is under 18 years, has the If, immediately before the commencement, a parent of a student who was under 18 years was entitled, under the repealed E(GP) Act, section 45, to make a submission about a suspension, suspension and recommendation for exclusion, exclusion or cancellation, but had not made a submission, the parent may make the submission under section 335. In this section— meaning the term had under the repealed E(GP) Act and includes an adult who has the care and control of the student. Directions about conduct or movement at premises of State instructional institutions d) (2) (3) A direction about a person's conduct or movement at a State educational institution's premises, given under the repealed E(GP) Act, section 48C, and in force immediately before the commencement— (a) is taken to be a direction given under section 341; and (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced. Subsection (3) applies if— (a) immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 48D, to apply for a review of a direction given under section 48C but had not applied; and (b) the time period for applying for the review has not expired. The time for applying for the review continues until it would have expired under section 48D and the application may be made under section 342. COANDN FW N BRWN FF © s 478 (4) 268 s 479 Education (General Provisions) Bill 2006 An application for review of a direction, made under the repealed E(GP) Act, section 48D, but not decided before the commencement, is taken to be an application made under section 342. 478 Directions to leave and not re-enter premises of State instructional institutions A direction requiring a person to immediately leave and not re-enter a State educational institution's premises for 24 hours, given under the repealed E(GP) Act, section 48E, and in force immediately before the commencement— (a) is taken to be a direction given under section 343; and (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced. 479 'Prohibition from entering premises of State instructional institutions d) (2) A direction requiring a person not to enter a State educational institution's premises for up to 60 days, given under the repealed E(GP) Act, section 48F, and in force at the commencement— (a) is taken to be a direction given under section 344; and (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced. An order prohibiting a person from entering a State educational institution's premises for more than 60 days but not more than 1 year, made under the repealed E(GP) Act, section 48G, and in force at the commencement— (a) is taken to be an order made under section 345 of this Act; and (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced. Comyn ann BRWNF WN -F © OMDAND NF 22 2426 28 30 s 480 269 s 481 Education (General Provisions) Bill 2006 Directions about conduct or movement at premises of non-State schools d) (2) (3) (4) A direction about a person's conduct or movement at a non- State school's premises, given under the repealed E(GP) Act, section 48L, and in force immediately before the commencement— (a) is taken to be a direction given under section 350; and (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced. Subsection (3) applies if— (a) immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 48M, to apply for a review of a direction given under section 48L of that Act but had not applied; and (b) the time period for applying for the review has not expired. The time for applying for the review continues until it would have expired under the repealed E(GP) Act, section 48M, and the application may be made under section 351. An application for review of a direction, made under the repealed E(GP) Act, section 48M, but not decided before the commencement, is taken to be an application made under section 351. Directions to leave and not re-enter premises of non-State schools A direction requiring a person to immediately leave and not re-enter a non-State school's premises for 24 hours, given under the repealed E(GP) Act, section 48N, and in force immediately before the commencement— (a) is taken to be a direction given under section 352; and (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced. Com A DANHW NY CAN DANN FPWNK CO NNNWW WNrRO 25 2729 32 s 482 270 s 484 Education (General Provisions) Bill 2006 482 'Prohibition from entering premises of non-State schools d) (2) A direction requiring a person not to enter a non-State school's premises for up to 60 days, given under the repealed E(GP) Act, section 480, and in force immediately before the commencement— (a) is taken to be a direction given under section 353; and (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced. An order prohibiting a person from entering a non-State school's premises for more than 60 days but not more than 1 year, made under the repealed E(GP) Act, section 48P, and in force immediately before the commencement— (a) is taken to be an order made under section 354; and (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced. 483 _ Prohibition from entering premises of all State instructional institutions and non-State schools d) (2) An application, made to a court under the repealed E(GP) Act, section 48R, for an order prohibiting a person from entering the premises of all State educational institutions and non-State schools for up to 1 year, but not decided before the commencement, is taken to have been made under section 356. An order prohibiting a person from entering the premises of all State educational institutions and non-State schools for up to 1 year, made under the repealed E(GP) Act, section 48R, and in force immediately before the commencement— (a) is taken to be an order made under section 356; and (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced. 484 Prohibition from entering premises of all State instructional institutions d) An application, made to a court under the repealed E(GP) Act, section 48S, for an order prohibiting a person from entering C0 ON DD WBWN nk WwW NFO NX COM NOD 222527 30 32 34 s 485 (2) 271 s 488 Education (General Provisions) Bill 2006 the premises of all State educational institutions for up to 1 year, but not decided before the commencement, is taken to have been made under section 357. An order prohibiting a person from entering the premises of all State educational institutions for up to 1 year, made under the repealed E(GP) Act, section 48S, and in force immediately before the commencement— (a) is taken to be an order made under section 357; and (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced. Appeal to District Court An appeal, made to the District Court under the repealed E(GP) Act, section 48T, from a decision of a court under section 48R of that Act, but not decided before the commencement is taken to be an appeal made under section 358. Department's annual report The department's annual report for the 2005-2006 financial year must be prepared under the repealed E(GP) Act and not under this Act and, for that purpose, the repealed E(GP) Act continues to apply. Non-State school's governing body to give particular information to Minister For the purpose of the Minister obtaining information under the repealed E(GP) Act, section 48X, for the 2005-2006 financial year, the repealed E(GP) Act continues to apply as if this Act had not commenced. Provisions about school councils d) This section applies to a school council established under the repealed E(GP) Act, section 50, and in existence immediately before the commencement. = eCoADMNH WNeR DNNnbBWN 21 23 2527 30 s 489 (2) (3) (4) (5) (6) 7) (8) (9) 272 s 489 Education (General Provisions) Bill 2006 The school council continues in existence, subject to this Act, and is taken to have been established under section 83. The appointed, elected and official members of the school council holding office under the repealed E(GP) Act immediately before the commencement continue as the appointed, elected and official members of the council under this Act. The appointed or elected members continue in office, subject to this Act, for the balance of the term for which they were appointed or elected under the repealed E(GP) Act. The person holding office as chairperson of the school council under the repealed E(GP) Act immediately before the commencement continues in office, subject to section 93(3) of this Act, for the balance of the person's term of office under the repealed E(GP) Act. The school council's constitution as in force under the repealed E(GP) Act immediately before the commencement continues, subject to this Act, as the council's constitution under this Act. An amendment of the school council's constitution prepared and adopted under the repealed E(GP) Act but not approved by the chief executive under that Act may be approved by the chief executive under section 99 of this Act. A written direction given to the council under the repealed E(GP) Act, section 79, and not complied with before the commencement is taken to be a direction given to the council under section 120. Without limiting subsection (8), a copy of the direction must also be included in the department's annual report for the financial year in which the direction was given under the repealed E(GP) Act. Provisions about parents and citizens associations d) This section applies to a parents and citizens association or an interim parents and citizens association (in either case, the existing association) formed under the repealed E(GP) Act, section 81 or 82, and in existence immediately before the commencement. Om INDNBPW NK OMAIAD NHEWNKY CO NNNW WNrO NNOnvnw ADM WwWNNd rPOOew 3436 s 489 (2) (3) (4) (5) (6) 7) (8) 273 s 489 Education (General Provisions) Bill 2006 The existing association continues in existence, subject to this Act, and is taken to have been established as a parents and citizens association or an interim parents and citizens association (in either case, the new association) under section 122 or 123. The persons who were members, including honorary life members, of the existing association immediately before the commencement continue as members, including as honorary life members, subject to this Act, of the new association. An officer of the existing association holding office under the repealed E(GP) Act, section 87°°, immediately before the commencement continues in office, subject to this Act, as an equivalent officer of the new association until the first annual general meeting of the new association held under this Act. A subcommittee established for the existing association under the repealed E(GP) Act, section 90, and in existence immediately before the commencement continues as a subcommittee of the new association under section 134. An agreement entered into by the existing association or by the Minister under the repealed E(GP) Act, section 96,4 and in force immediately before the commencement continues as a relevant agreement entered into by the new association or by the Minister under section 141.*! The repealed E(GP) Act, section 100,*? continues to apply to things done or omitted to be done by a member of the existing association before the commencement as if this Act had not commenced and for that purpose a reference in the section to the Minister is taken to be a reference to the Minister under this Act. If the procedure for removal of a nominated person has started but not ended under the repealed E(GP) Act, section 111,8 4042 Repealed E(GP) Act, section 87 (Officers of an association) Repealed E(GP) Act, section 96 (Power to enter into agreements) Section 141 (Power to enter into relevant agreements) Repealed E(GP) Act, section 100 (Indemnification of association members) Repealed E(GP) Act, section 111(Procedure for removal of nominated person) CAND NRWNE iS) SCO OND PWNK SO NNW WNre NwWnvown COAANDMNA Ww ro s 490 (9) (10) dt) (12) 274 s 490 Education (General Provisions) Bill 2006 immediately before the commencement, the procedure may continue as if it had started under section 156.44 For a nominated person who was removed under the repealed E(GP) Act, section 111, before the commencement, section 157 applies as if the person had been removed under section 156 and any submission relating to the removal received under the repealed E(GP) Act, section 112, and not finally dealt with under section 113° of that Act is taken to have been received under section 157. Subsection (11) applies if— (a) immediately before the commencement a person could have appealed to a Magistrates Court against a decision of the Minister under the repealed E(GP) Act, section 113, and had not appealed; or (b) a person had appealed to a Magistrates Court against a decision mentioned in paragraph (a) and the appeal has not been finalised before the commencement. For the purpose of appealing the decision or for finalising the appeal, the decision is taken to be a decision of the Minister under section 158. The existing association's constitution as in force under the repealed E(GP) Act immediately before the commencement continues, subject to this Act, as the existing association's constitution under this Act. 490 Provisions about enrolment at State schools d) (2) If, immediately before the commencement, a student was enrolled at a State school under the repealed E(GP) Act, the student's enrolment continues under this Act. A student mentioned in subsection (1) includes the following— (a) astudent who is enrolled at, and attending, the school; 44 Section 156 (Procedure for removal of nominated person) 45 Repealed E(GP) Act, section 112 (Submissions against removal) 46 Repealed E(GP) Act, section 113 (Dealing with submissions against removal) OMANI DMNHW NK iS) COMA ANIDUN PWNKY CO NNNN BRWNe 2730 s 491 275 s 492 Education (General Provisions) Bill 2006 (b) a student who is enrolled at, but has not started attending, the school; (c) astudent enrolled at the school for 2006 but enrolled at a different State school for 2007; (d) a student enrolled at the school but suspended under the repealed E(GP) Act, section 29, 34 or 36C; (e) a student enrolled at the school for 2006 and, under the repealed E(GP) Act, section 127, granted extra semesters at the school for 2007. (3) If an application for enrolment at a State school was made but not decided before the commencement— (a) _ the application lapses; and (b) an application for enrolment may be made under section 159. 491 _' Transitional provision for compulsory education (1) A parent of a child who is of compulsory school age is taken to comply with section 180(1) if the child is enrolled at a prescribed State school or non-State school, and attending the school, on every school day, for a preparatory trial year of instruction. (2) In this section— preparatory trial year of instruction means a program of instruction under a preschool guideline, being developed under the QSA Act, for preparing a child for primary education. prescribed State school or non-State school means a State school or non-State school prescribed under a regulation. 492 Exemption from compliance with compulsory enrolment and attendance provisions (1) A dispensation from complying with the enrolment and attendance obligations under the repealed E(GP) Act, section 114, granted under section 115 of that Act and in force immediately before the commencement— COmrI DUN PW NK RW NY FO 29 3133 s 493 276 s 495 Education (General Provisions) Bill 2006 (a) is taken to be an exemption issued under section 193; and (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced. (2) Subsection (1) does not apply to a dispensation granted for a reason mentioned in the repealed E(GP) Act, section 115(2)(a)(i). Application for exemption from compliance with compulsory enrolment and attendance provisions (1) An application for dispensation from complying with the enrolment and attendance obligations under the repealed E(GP) Act, section 114, made under section 116 of that Act but not decided before the commencement— (a) is taken to be an application under section 190; and (b) must be decided under section 193. (2) However, if the application for dispensation was for a reason mentioned in the repealed E(GP) Act, section 115(2)(a)(i), subsection (1) does not apply. Particular dispensation from compliance with compulsory enrolment and attendance provisions A dispensation from complying with the enrolment and attendance obligations under the repealed E(GP) Act, section 114, granted for a reason mentioned in section 115(2)(a)(i) of that Act and in force immediately before the commencement— (a) _ has effect as a dispensation from complying with section 180; and (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced. Particular application for exemption from compliance with compulsory enrolment and attendance provisions (1) Subsection (2) applies to an application for dispensation, for a reason mentioned in the repealed E(GP) Act, section ow ADM BPW NR CID N FP WNK CO 222427 29 31 33 s 496 (2) 277 s 498 Education (General Provisions) Bill 2006 115(2)(a)@), from complying with the enrolment and attendance obligations under section 114 of that Act, made under section 116 of that Act but not decided before the commencement. The application is taken to be an application for provisional registration of a child for home education made under section 211. Dispensation from requirement to participate in an eligible option A dispensation from the requirement to participate in an eligible option, granted under the repealed YPET Act, section 24, and in force immediately before the commencement— (a) is taken to be an exemption granted under section 248; and (b) remains in force until it would have expired under the repealed YPET Acct if this Act had not commenced. Home schooling dispensation from requirement to participate in an eligible option A dispensation from the requirement to participate in an eligible option, granted under the repealed YPET Act, section 25, and in force immediately before the commencement— (a) _ has effect as a dispensation from complying with section 243; and (b) remains in force until 31 December 2006. Application for exemption from requirement to participate in an eligible option An application under the repealed YPET Acct, section 26, for a dispensation under section 24 of that Act from the requirement to participate in an eligible option, made but not decided before the commencement— (a) is taken to be an application under section 249; and (b) must be decided under section 252. \o NAYADN HPWNKE Dnun BPW NFO 21 23 26 2830 32 s 499 278 s 502 Education (General Provisions) Bill 2006 499 Application for home schooling exemption from requirement to participate in an eligible option An application under the repealed YPET Acct, section 26, for a dispensation under section 25 of that Act from the requirement to participate in an eligible option, made but not decided before the commencement, is taken to be an application for provisional registration of a child for home education made under section 211. 500 _ ~—*F'lexible arrangements d) (2) Arrangements approved under the repealed E(GP) Act, section 114A, to apply to a student of a non-State school instead of participation in the school's educational programs in the usual way, and in force immediately before the commencement, are taken to be arrangements approved under section 186. Arrangements approved under the repealed E(GP) Act, section 114B, to apply to a student of a State educational institution instead of participation in the institution's educational programs in the usual way, and in force immediately before the commencement, are taken to be arrangements approved under section 187. 501 ~— Principal's decision about student's remaining allocation If the principal of a State educational institution was required under the repealed E(GP) Act, section 123, to make a decision about a student's remaining allocation but the decision had not been made before the commencement, the decision must be made under section 61. 502 Notice about student's remaining allocation If the principal of a State educational institution was required under the repealed E(GP) Act, section 124(4)(b), to give notice to a student about the student's remaining allocation but the notice had not been given before the commencement, the notice must be given under section 62(4)(b). AAIDNAW NR \o PCOOmMDND NRWNFr CO Nw 24263032 s 503 279 s 506 Education (General Provisions) Bill 2006 Application for extra semesters if no remaining allocation An application for the granting of extra semesters made to the principal of a State educational institution under the repealed E(GP) Act, section 126, but not decided before the commencement is taken to be an application under section 65. Notice about student's extra semesters If the principal of a State educational institution was required under the repealed E(GP) Act, section 127(3)(b), to give notice to a student of the principal's decision about the student's application for extra semesters but the notice had not been given before the commencement, the notice must be given under section 66(3)(b). Submissions against decisions about allocation of semesters or application for extra semesters d) (2) Subsection (2) applies if, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 129, to make a submission against a decision about either of the following but had not made a submission— (a) the allocation of semesters to the student under the repealed E(GP) Act, part 8, division 2, including a decision under section 123(3) or (4) or 125 of that Act; (b) the student's application for an extra semester or semesters under part 8, division 3 of that Act. The time period for making the submission continues until it would have expired under that section if this Act had not commenced and the submission may be made under section 68. Dealing with submissions against decisions about allocation of semesters or application for extra semesters If a submission against a decision about either of the following was made under the repealed E(GP) Act, section 129, but not dealt with under section 130 of that Act before onan a nABWN N OANDMN HW 22 24 2628 30 32 s 507 280 s 509 Education (General Provisions) Bill 2006 the commencement, the submission is taken to have been made under section 68— (a) the allocation of semesters to the student under the repealed E(GP) Act, part 8, division 2, including a decision under section 123(3) or (4) or 125; (b) the student's application for an extra semester or semesters under part 8, division 3. 507 Notice about decisions about allocation of semesters or application for extra semesters If, immediately before the commencement, notice was required to be given to a student under the repealed E(GP) Act, section 130(2)(b), about either of the following but the notice had not been given, the notice must be given under section 69(2)(b)— (a) the allocation of semesters to the student; (b) _ the student's application for extra semesters. 508 Application for further semesters if no remaining allocation and after extra semesters An application for the granting of further semesters made to the chief executive under the repealed E(GP) Act, section 131, but not decided before the commencement is taken to be an application under section 71. 509 Notice about student's further semesters d) (2) Subsection (2) applies if the chief executive was, immediately before the commencement, required under the repealed E(GP) Act, section 132(3)(b), to give notice to a student of the chief executive's decision about the student's application for further semesters but the notice had not been given. The notice or, if relevant, an information notice must be given under section 72(3)(b) of this Act. NAD NSW NK \o oo Nn nN BWNrO on 22 252730 s 510 281 s511 Education (General Provisions) Bill 2006 (a) under the repealed E(GP) Act, section 134AC,*' the Minister has given the governing body of a non-State School a notice; and (b) the time stated in the notice has not ended before the commencement; and (c) the body has not complied with the notice before the (2) The governing body must comply with the notice and for that purpose the financial data to which the notice relates or the notice are taken to have been given under section 374 or 375.48 Finalising show cause process relating to allowances (a) immediately before the commencement a show cause process could have been started under the repealed E(GP) Act, section 134D," in relation to the governing body of a non-State school but the process had not (b) at the commencement the show cause process had been started but had not been finalised under the repealed E(GP) Act, section 134H.°5° (2) The process may be started and finalised or continued and finalised under chapter 13, part 4,°! and for that purpose the part applies with any necessary or convenient changes. Repealed E(GP) Act, section 134AC (Further information or documents relating to Section 374 (Requirement to give financial data) or 375 (Further information or Repealed E(GP) Act, section 134D (Show cause notice) Repealed E(GP) Act, section 134H (Decision of Minister) 510 'Financial data (1) This section applies if— commencement.paid for non-State schools (1) This section applies if— started; orfinancial data)documents relating to financial data)50 Chapter 13 (Schools in receipt of subsidy), part 4 (Giving of allowance acquittal details) Com AD NSW YN NRO iS) SCOmMND MN Pw 2225 s512 282 s514 Education (General Provisions) Bill 2006 512 'International educational institutions (1) Subsection (2) applies to an approval to establish or conduct an international educational institution, given under the repealed E(GP) Act, section 144, and in force immediately before the commencement. (2) The approval— (a) is taken to be an approval under section 419; and (b) continues to be subject to the conditions stated on the approval; and (c) is subject to the conditions mentioned in section 421(2). 513 Appeals (1) Subsection (2) applies if— (a) immediately before the commencement a person could have appealed to a Magistrates Court against a decision of a principal's supervisor under the repealed E(GP) Act, section 130, or a decision of the chief executive under section 132 of that Act and had not appealed; or (b) a person had appealed to a Magistrates Court against a decision mentioned in paragraph (a) and the appeal has not been finalised before the commencement. (2) For the purpose of appealing the decision or for finalising the appeal— (a) a decision of a principal's supervisor under the repealed E(GP) Act, section 130, is taken to be a decision of a principal's supervisor under section 69; and (b) a decision of the chief executive under the repealed E(GP) Act, section 132, is taken to be a decision of the chief executive under section 72. 514 'Transitional regulation-making power (1) A regulation (a transitional regulation) may make provision for a matter for which— (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the om ND WNPWN iS) SCOmMm ADNHW YN NN Noe NNN On & NNW onan 31 33 s515 (2) (3) (4) 283 s515 Education (General Provisions) Bill 2006 operation of the repealed E(GP) Act or the repealed YPET Acct to the operation of this Act; and (b) | this Act does not make provision or sufficient provision. A transitional regulation may have retrospective operation to a day not earlier than the commencement. A transitional regulation must declare it is a transitional regulation. This section and any transitional regulation expire | year after the commencement. Chapter 21 Amendment of Acts Consequential and other amendments of Acts d) (2) (3) Schedule 1 amends the Acts mentioned in it. Schedule 2 amends the Acts mentioned in it. Schedule 3 amends the Education (General Provisions) Act 2006. CMD ND VHP W NK nk WN Education (General Provisions) Bill 2006 Schedule 1 Consequential and other amendments of Acts section 515(1) Agricultural College Act 2005 1 Schedule 2, definition compulsory participation phase— omit, insert— 'compulsory participation phase see the Education (General Provisions) Act 2006, section 235.'. Anti-Discrimination Act 1991 1 Section 44(1), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2006'. Associations Incorporation Act 1981 1 Section 5(1)(b)(iv), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2006'. Oar nnwn 11 13 16 18 Education (General Provisions) Bill 2006 Schedule 1 (continued) Building Act 1975 1 Section 12B(3), definition educational institution, paragraph (a)— omit, insert— '(a) a State educational institution under the Education (General Provisions) Act 2006;'. Charitable and Non-Profit Gaming Act 1999 1 Section 10(1)(b), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. 2 Section 39(b), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. Child Care Act 2002 1 Section 36— omit, insert— '36 Definitions for div 7 'In this division— Dun fF Wh \o nA & Wh 1820 Education (General Provisions) Bill 2006 Schedule 1 (continued) association means a parents and citizens association formed under the Education (General Provisions) Act 2006 and includes an interim parents and citizens association. executive officer, of an association, means a member of the association's executive committee under the Education (General Provisions) Act 2006.'. Section 39(4), 'Education (General Provisions) Act, 1989, section 92'— omit, insert— 'Education (General Provisions) Act 2006, section 136'. Schedule 2, definition chief executive (education), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. Schedule 2, definition school, paragraph (a)— omit, insert— '(a) a State school within the meaning of the Education (General Provisions) Act 2006; or'. Schedule 2, definition special education— omit, insert— 'special education see the Education (General Provisions) Act 2006, schedule 4.'. Dunk WnNr \o ON RW Ne Oar nun 22 Education (General Provisions) Bill 2006 Schedule 1 (continued) Child Employment Act 2006 1 Section 7(b) and note— omit, insert— '(b) is required to be enrolled at a State school or a non-State school under the Education (General Provisions) Act 2006. Note— A child may not be required to be enrolled at a State school or a non-State school if the Education (General Provisions) Act 2006, chapter 9, part 3, 4 or 5 applies to the child.'. 2 Section 9(6), note— omit, insert— 'Note— See the Education (General Provisions) Act 2006, section 234, for other provisions restricting a school-aged child's ability to work.'. 3 Section 11(2), note— omit, insert— 'Note— A failure to comply with subsection (2) is not an offence against this Act. However, the Education (General Provisions) Act 2006, section 234, creates offences for parents, as defined under that Act, who permit a school-aged child to be employed when the child is required to attend school.'. 4 Schedule, definition young child— omit, insert— 'young child means a child who is not yet of compulsory school age under the Education (General Provisions) Act 2006.. om NI ANF WN nN WN onan 2225 27Education (General Provisions) Bill 2006 Schedule 1 (continued) Child Protection Act 1999 1 Section 159D, definition student hostel— omit, insert— 'student hostel means— (a) a student hostel established under the Education (General Provisions) Act 2006, section 15(b); or (b) a student hostel operated with an allowance paid under the Education (General Provisions) Act 2006, section 372(1)(e).'. 2 Section 159R(2), examples, first dot point— omit, insert— 'e Education (General Provisions) Act 2006, section 430'. Collections Act 1966 1 Section 13A, 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2006'. 2 Section 47(3)(za), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. OMANI AN FW WN 11 \o orn Education (General Provisions) Bill 2006 Schedule 1 (continued) Commission for Children and Young People and Child Guardian Act 2000 Section 31EA(2), examples, first dot point— omit, insert— 'e Education (General Provisions) Act 2006, section 430'. Schedule 1, section 1(1)(b), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. Schedule 1, section 6A(1)(a) and (b)— omit, insert— '(a) an educational program under the Education (General Provisions) Act 2006, section 290(2), 295 or 308; or (b) a program, provided by an entity, under arrangements approved under the Education (General Provisions) Act 2006, section 186 or 187.'. Schedule 1, section 6A(2)(b)— omit, insert— '(b) the employer is a provider under the Education (General Provisions) Act 2006, section 236.'. Schedule 1, section 11— omit, insert— Educational programs conducted outside of school 'A business is a regulated business if— nn & oO mOmnNnD DANK WN KF CO 2224 Education (General Provisions) Bill 2006 Schedule 1 (continued) (a) the usual activities of the business include, or are likely to include, providing services or conducting activities for— (i) an educational program under the Education (General Provisions) Act 2006, section 290(2), 295 or 308; or (ii) a program provided, by the entity carrying on the business, under arrangements approved under the Education (General Provisions) Act 2006, section 186 or 187; and (b) the entity carrying on the business is not a provider under the Education (General Provisions) Act 2006, section 236.'. 6 Schedule 1, section 15(1), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. 7 Schedule 4, definition school, 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. Criminal Law (Rehabilitation of Offenders) Act 1986 1 Section 9A, table, column 1, item 5(2), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. COMIN ANH WNR WNr Oo ND Ws \o 21 24 26 Education (General Provisions) Bill 2006 Schedule 1 (continued) Criminal Offence Victims Act 1995 1 Schedule 3, definition public entity, paragraph (f)— omit, insert— 'f) the following entities within the meaning of the Education (General Provisions) Act 2006— (i) aparents and citizens association; (ii) anon-State school; (iii) an advisory committee; (iv) an international educational institution;'. Drugs Misuse Act 1986 1 Section 4, definition educational institution— omit, insert— 'educational institution means— (a) a State instructional institution, a non-State school or an international educational institution within the meaning of the Education (General Provisions) Act 2006; or (b) any other similar institution that may from time to time be established; but does not include an educational institution conducting only tertiary or adult education.' . oO mrnNI DNF WW SCO ON ANH WN iS) Education (General Provisions) Bill 2006 Schedule 1 (continued) Duties Act 2001 1 Section 285(b), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. Education (Accreditation of Non-State Schools) Act 1 Section 6(2)(a), (aa) and (b)— omit, insert— (a) (aa) (b) a State educational institution within the meaning of the Education (General Provisions) Act 2006, schedule 4; an international educational institution within the meaning of the Education (General Provisions) Act 2006, section 418; for a child registered or provisionally registered for home education under the Education (General Provisions) Act 2006—the child's usual place of residence;'. 2 Schedule 3, definitions distance education, person with a disability, preschool education, primary education, secondary education, special education and State school— omit, insert— 'distance education see the Education (General Provisions) Act 2006, schedule 4. person with a disability see the Education (General Provisions) Act 2006, schedule 4. nA BF WN AAINDMN PWN FO 2125 27 Education (General Provisions) Bill 2006 Schedule 1 (continued) preschool education see the Education (General Provisions) Act 2006, schedule 4. primary education see the Education (General Provisions) Act 2006, schedule 4. secondary education see the Education (General Provisions) Act 2006, schedule 4. special education see the Education (General Provisions) Act 2006, schedule 4. State school see the Education (General Provisions) Act 2006, schedule 4.'. Education (Capital Assistance) Act 1993 1 Section 3, definition State school— omit, insert— 'State school see the Education (General Provisions) Act 2006, schedule 4.'. Education (Overseas Students) Act 1996 1 Section 5(1)(a)— omit, insert— '(a) registration of providers of courses for overseas students;'. 2 Section 19(2)— omit. Fo ON DAMN FW NK So 13 15 18 20 22 Education (General Provisions) Bill 2006 Schedule 1 (continued) Education (Queensland College of Teachers) Act 2005 1 Section 74— insert— '(2) Subsection (3) applies if— (a) achild is registered or provisionally registered for home education under the Education (General Provisions) Act 2006; and (b) the home education is being provided by 1 or both of the child's parents. '(3) An institution or place mentioned in subsection (1)(c) does not include the child's usual place of residence.'. 2 Schedule 3, definition State school— omit, insert— 'State school means a State instructional institution within the meaning of the Education (General Provisions) Act 2006, schedule 4.'. Education (Queensland Studies Authority) Act 2002 1 Section 3(1)(d)— omit, insert— '(d) to help achieve the objects of the Education (General Provisions) Act 2006 mentioned in section 5(1)(c) of that Act.'. 2 Section 14A— omit, insert— Om ADDN FP wW Wb Ankh WN 19 2124 '4A Education (General Provisions) Bill 2006 Schedule 1 (continued) Participation functions 'The authority has the following functions— (a) to keep a student account for each young person in the student account phase under the Education (General Provisions) Act 2006, chapter 11; (b) to deal with the information recorded in the account in the way permitted or required by that chapter.'. Section 15(f)(iv)— omit, insert— '(iv) the department in which the Education (General Provisions) Act 2006 is administered;'. Section 18A(3), definition provider— omit, insert— 'provider means a provider for an eligible option under the Education (General Provisions) Act 2006, section 236.'. Section 18B(1)(a)— omit, insert— '(a)_ there is open a student account for a young person under the Education (General Provisions) Act 2006, chapter 11; and'. Schedule 2, definitions preschool education, primary education, school, secondary education, special education and State school— omit, insert— 'preschool education see the Education (General Provisions) Act 2006, schedule 4. primary education see the Education (General Provisions) Act 2006, schedule 4. NAD NUNRW NY \o ow nk WwW WN Education (General Provisions) Bill 2006 Schedule 1 (continued) school means— (a) a State instructional institution within the meaning of the Education (General Provisions) Act 2006, schedule 4; or (b) anon-State school. secondary education see the Education (General Provisions) Act 2006, schedule 4. special education see the Education (General Provisions) Act 2006, schedule 4. State school see the Education (General Provisions) Act 2006, schedule 4.'. Education (Work Experience) Act 1996 Section 5(1), '; and'— omit, insert— '" ° 5 or'. Section 5(1)(a)— omit, insert— '(a) if the student is enrolled in a State school—the school; > or. Section 5(1)(c) and (d)— omit, insert— '(c) if the student is registered for home education—the home education place; or'. Ree OA ND NW PWN ro on NO 21 23 Education (General Provisions) Bill 2006 Schedule 1 (continued) Section 5(1)(e) to (i)— renumber as section 5(d) to (h). Section 8(2), definition responsible body, paragraph (a)— omit, insert— '(a) if the student's educational establishment is a State school or a home education place—the chief executive (education); or'. Section 9(3), definition insuring body, paragraph (a)— omit, insert— '(a) if the student's educational establishment is a State school, a home education place or a non-State school—the chief executive (education); or'. Schedule, definitions home education, home education place, international educational institution, ministerial corporation, other non-school based education, State educational institution and State school— omit, insert— 'chief executive (education) means the chief executive of the department in which the Education (General Provisions) Act 2006 is administered. enrolled in an educational establishment, for a student, includes being registered for home education under the Education (General Provisions) Act 2006. home education see the Education (General Provisions) Act 2006, section 209. home education place means the usual place home education is provided. international educational institution see the Education (General Provisions) Act 2006, section 418. co ow ADAM Ff W N NRO NY COM NY ANHW 2225 27 29 Education (General Provisions) Bill 2006 Schedule 1 (continued) State school see the Education (General Provisions) Act 2006, schedule 4.'. Food Act 2006 1 Section 4(2), definitions parents and citizens association and State school— omit, insert— 'parents and citizens association see the Education (General Provisions) Act 2006, schedule 4. State school see the Education (General Provisions) Act 2006, schedule 4.'. Freedom of Information Act 1992 1 Section 11(1)(w)— omit, insert— '(w) a parents and citizens association under the Education (General Provisions) Act 2006; or'. 2 Section 11(1)(y)(viii)— omit, insert— '(vill)aggregated information as defined under the Education (General Provisions) Act 2006, schedule 4.'. Fo ON AD Ws nak WN CcoOMmMm ND Education (General Provisions) Bill 2006 Schedule 1 (continued) 3 Section 11(4), definition education agencies, paragraph (c)— omit, insert— '(c) the department in which the Education (General Provisions) Act 2006 is administered.' . nA W Ne 4 Schedule 3, item for Education (General Provisions) Act 1989— omit, insert— oOo moO ND 'Education (General Provisions) Act 2006, section 110'. Grammar Schools Act 1975 0 1 Schedule, definition non-grammar school, paragraph (a)— omit, insert— '(a) a State school within the meaning of the Education (General Provisions) Act 2006, schedule 4; or'. Ak W NF Industrial Relations Act 1999 lon 1 Section 29C(2), 'Education (General Provisions) Act 1989 — omit, insert— \o on 'Education (General Provisions) Act 2000'. 20 Education (General Provisions) Bill 2006 Schedule 1 (continued) Mineral Resources Act 1989 1 Schedule, definition reserve, paragraph (a)(vii)(A)— omit, insert— '(A) the Minister administering the Education (General Provisions) Act 2006; or'. Petroleum Act 1923 1 Section 2, definition owner, paragraph 1(n), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. Petroleum and Gas (Production & Safety) Act 2004 1 Schedule 2, definition owner, paragraph 1(n), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. Public Health Act 2005 1 Section 158, definition schooH— omit, insert— nak WN \o on 13 15 18 Education (General Provisions) Bill 2006 Schedule 1 (continued) 'school means a State school, State preschool centre or non-State school within the meaning of the Education (General Provisions) Act 2006.'. Section 172(4), from 'for example'— omit, insert— 'for example, the Child Care Act 2002, section 87 and the Education (General Provisions) Act 2006, section 430.'. Section 180(2)(a), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. Section 181(2)(a), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. Public Sector Ethics Act 1994 Schedule, definition public sector entity, paragraph (i)— omit, insert— '@)_ the following entities within the meaning of the Education (General Provisions) Act 2006— (i) aparents and citizens association; (ii) anon-State school; (iii) an advisory committee; (iv) an international educational institution;'. WNrR NYDN \o oo nA F&F WN 18 20 2224 Education (General Provisions) Bill 2006 Schedule 1 (continued) Public Service Act 1996 1 1 Section 21(2)(h), 'Education (General Provisions) Act 2 1989 — 3 omit, insert— 4 'Education (General Provisions) Act 2000'. 5 Residential Services (Accreditation) Act 2002 6 1 Schedule 2, definition education department— omit, insert— 'education department means the department in which the 9 Education (General Provisions) Act 2006 is administered.'. 10 2 Schedule 2, definition school, paragraph (a)— 11 omit, insert— 12 '(a) a State school within the meaning of the Education 13 (General Provisions) Act 2006; or'. 14 Vocational Education, Training and Employment Act 15 2000 16 1 Section 106A, 'Youth Participation in Education and 17 Training Act 2003 — 18 omit, insert— 19 'Education (General Provisions) Act 2000'. 20 Education (General Provisions) Bill 2006 Schedule 1 (continued) Section 168(1)(b)(vii)— omit, insert— '(vii) recognising non-departmental employment skills development programs for the purposes of the Education (General Provisions) Act 2006, section 244(3);". Section 168(1)(p)— omit, insert— '(p) to recognise non-departmental employment skills development programs for the purposes of the Education (General Provisions) Act 2006, section 244(3);'. Section 170(4), 'Youth Participation in Education and Training Act 2003— omit, insert— 'Education (General Provisions) Act 2000'. Section 183D(1)— omit, insert— '(1) The council may recognise a non-departmental employment skills development program for the purposes of the Education (General Provisions) Act 2006, section 244(3).'. Section 196(2), 'Youth Participation in Education and Training Act 2003— omit, insert— 'Education (General Provisions) Act 2000'. aon NDNMmbBwW NY NRO nN NM BW 21 23 25 Education (General Provisions) Bill 2006 Schedule 1 (continued) 7 Schedule 3, definition compulsory participation phase— omit, insert— 'compulsory participation phase see the Education (General Provisions) Act 2006, section 235.'. Weapons Act 1990 1 Section 51(5), definition school, paragraph (a)— omit, insert— '(a) a State educational institution under the Education (General Provisions) Act 2006; or'. Whistleblowers Protection Act 1994 1 Schedule 5, section 2(2)(b)— omit, insert— '(b) the following entities within the meaning of the Education (General Provisions) Act 2006— (i) aparents and citizens association; (ii) anon-State school; (iii) an advisory committee; (iv) an international educational institution;'. 2 Schedule 5, section 2(3)(a), 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. RW NY on nN Oo CorANI DN PW NY KF 21 Education (General Provisions) Bill 2006 Schedule 1 (continued) Schedule 6, definition school council— omit, insert— 'school council means a school council established for a State school under the Education (General Provisions) Act 2006, section 83.'. Schedule 6, definition State educational institution, 'Education (General Provisions) Act 1989 — omit, insert— 'Education (General Provisions) Act 2000'. ABW NY Co OND Education (General Provisions) Bill 2006 Schedule 2 Amendments commencing on 1 January 2007 section 515(2) Child Care Act 2002 1 Section 5(1)(a)— omit. 2 Schedule 2, definition holiday care, 'or preschool children'— omit. 3 Schedule 2, definitions preschool child and preschool education— omit. 4 Schedule 2, definition primary education, after 'children in'— insert— 'the preparatory year and'. 5 Schedule 2— insert— 'preparatory year means the year of schooling immediately before year 1.'. 6 Schedule 2, definition school age carer, paragraph (b), 'or preschool children'— omit. \o on N nN NN BW 22 Education (General Provisions) Bill 2006 Schedule 2 (continued) Schedule 2, definition school age care service— omit, insert— 'school age care service means a licensed centre based service for which, under its licence conditions, the children in care must never include a child who is not a school child.'. Schedule 2, definition school child, ', other than a preschool child,;— omit. Education (Accreditation of Non-State Schools) Act Section 6(1)(a)— omit. Section 6(2)(c), 'preschool,;— omit. Section 6(3), definition child care, 'preschool' to 'year 1— omit. Section 12(1)(a)— omit. Section 12(2), 'be provisionally' to 'also'— omit, insert— 'provide education in the preparatory year only if the school is'. ABW NY ND ann 21 Education (General Provisions) Bill 2006 Schedule 2 (continued) Section 12(3), 'preschool education, — 1 N omit. Section 63(2)— 3 omit, insert— 4 '(2) Also, it is a ground for cancelling a school's accreditation to 5 provide primary education if the school provides educationin 6 the preparatory year without providing primary education for 7 years | to 3.'. 8 Section 70(2)— 9 omit, insert— 0 '(2) Also, it is a ground for cancelling a school's provisional 1 accreditation to provide primary education if the school 2 provides education in the preparatory year without providing 3 primary education for years 1 to 3.'. 4 Section 150, ', 98A or 192'— 5 omit, insert— 6 'or 98A'. Chapter 7, part 4— 8 omit. After section 224— 20 insert— 21 Education (General Provisions) Bill 2006 Schedule 2 (continued) 'Part 3 Transitional provisions for Education (General Provisions) Act 2006 'Division 1 Preliminary '225 _ Definitions for ch 8, pt 3 'In this part— commencement means commencement of this section. post-amended Act means this Act as in force immediately after the commencement of the Education (General Provisions) Act 2006, section 515(2) and schedule 2. pre-amended Act means this Act as in force immediately before the commencement of the Education (General Provisions) Act 2006, section 515(2) and schedule 2. 'Division 2 Transitional provisions for certain schools allowed to offer years 1 to 3 of schooling '226 Application of div 2 'This division applies to a school that— (a) immediately before the commencement, is provisionally accredited, or accredited, to provide primary education; and (b) is a school, the governing body of which, immediately before the commencement, is eligible for Government funding for the school; and (c) is allowed, at the commencement, to offer years | to 3 of schooling under the accreditation; and (d) is not allowed, at the commencement, to offer the preparatory year; and om ri nann WNr © nn 21 2326 28 Education (General Provisions) Bill 2006 Schedule 2 (continued) (e) the school's governing body applies before the end of 2009, under chapter 2, part 3, division 3,52 to extend the years of schooling allowed to be offered at the school to include the preparatory year. '227 ~Application of provisions "(1)_ Section 50,°3 as applied by section 59, does not apply to the application. (2) Section 53(3)*4 applies to the application as if the reference to 9 months were a reference to 6 months. '228 Notification of first day of provision of education in preparatory year '(1) This section applies if the board decides to grant the application. '(2) The school's governing body must notify the board of the first day of education of students in the preparatory year within 14 days after the day. 'Division 3 Other transitional provisions '229 Provisional accreditation for particular types of education '(1)_ This section applies to a school that, immediately before the commencement, is provisionally accredited for the types of education mentioned in section 12(1)(a) and (b) of the pre-amended Act. 52 Chapter 2 (Accreditation of schools), part 3 (Changes in provisional accreditation period, attributes of provisional accreditation or attributes of accreditation), division 3 (Changes in attributes of accreditation) 53 Section 50 (If applicant is eligible for Government funding for aspect of operation of school) 54 Section 53 (Failure to decide application) BRWNF Com ND MN Dank WN KO 2123 (2) '3) (4) (5) Education (General Provisions) Bill 2006 Schedule 2 (continued) The school is taken to be provisionally accredited only for the type of education mentioned in section 12(1)(b) of the post-amended Act. Also, for this Act the school's governing body is taken to have made application, under section 16, to the board for the accreditation of the school only for the type of education mentioned in section 12(1)(b) of the post-amended Act. In addition, the attribute of provisional accreditation applying to the school mentioned in section 16(3)(e) is taken to include the preparatory year. If the school's governing body is eligible for Government funding for the school, the eligibility is not affected by this section. '230 Provisional accreditation, and accreditation, for particular types of education '(D) (2) '3) (4) This section applies to a school that, immediately before the commencement, is— (a) accredited for the type of education mentioned in section 12(1)(b) of the pre-amended Act; and (b) provisionally accredited for the type of education mentioned in section 12(1)(a) of the pre-amended Act. The attribute of accreditation applying to the school mentioned in section 16(3)(e) is taken to include the preparatory year. If the student-intake day applying to the school for the provisional accreditation under the pre-amended Act is on or after the day of commencement, the attributes of accreditation applying to the school are taken to include an attribute of accreditation requiring the school to provide education in the preparatory year on or before the day that is 30 days after the student-intake day. If the school's governing body is eligible for Government funding for the school, the eligibility is not affected by this section. Com INDMNHL WNK WNrF © Com ND WF 2326283033Education (General Provisions) Bill 2006 Schedule 2 (continued) '231. +Return of certificate of provisional accreditation '(D) (2) '3) This section applies to a school that, immediately before the commencement, is provisionally accredited for the type of education mentioned in section 12(1)(a) of the pre-amended Act. The school's governing body must return the school's certificate of provisional accreditation to the board by 1 March 2007, unless the governing body has a reasonable excuse. On receiving the certificate, the board must issue a replacement certificate of provisional accreditation to the governing body that no longer states that the school is provisionally accredited for the type of education mentioned in section 12(1)(a) of the pre-amended Act. '232 Accreditation for particular types of education '(D) (2) '3) (4) This section applies to a school that, immediately before the commencement, is accredited for the types of education mentioned in section 12(1)(a) and (b) of the pre-amended Act. The school is taken to be accredited only for the type of education mentioned in section 12(1)(b) of the post-amended Act. Also, the attribute of accreditation applying to the school mentioned in section 16(3)(e) is taken to include the preparatory year. If the school's governing body is eligible for Government funding for the school, the eligibility is not affected by this section. '233 Return of certificate of accreditation '(D) This section applies to a school that, immediately before the commencement, is accredited for the type of education mentioned in section 12(1)(a) of the pre-amended Act. OMPAD NPWN BRWNrFO NX CO OND WN 232630 (2) '3) Education (General Provisions) Bill 2006 Schedule 2 (continued) The school's governing body must return the school's certificate of accreditation to the board by 1 March 2007, unless the governing body has a reasonable excuse. On receiving the certificate, the board must issue a replacement certificate of accreditation to the governing body that no longer states that the school is accredited for the type of education mentioned in section 12(1)(a) of the pre-amended Act. '234 Application for accreditation for particular types of education—non-accredited school '(D) (2) This section applies to an application for the accreditation of a school for the types of education mentioned in section 12(1)(a) and (b) of the pre-amended Act if, immediately before the commencement, the application has not been decided under chapter 2, part 2, division 2, subdivision 2.55 For this Act, the application is taken to be an application only for the type of education mentioned in section 12(1)(b) of the post-amended Act. '235 Application for accreditation for particular type of education—accredited school '(D) This section applies if— (a) a school is accredited to provide the type of education mentioned in section 12(1)(b) of the pre-amended Act; and (b) an application has been made for the accreditation of the school for the type of education mentioned in section 12(1)(a) of the pre-amended Act; and (c) immediately before the commencement, the application has not been decided under chapter 2, part 2, division 2, subdivision 2. 55 Chapter 2 (Accreditation of schools), part 2 (Accreditations), division 2 (Applications for accreditation), subdivision 2 (Provisional accreditation of schools) DAIADNHR WNeR CAD NAHLWNKY CO 21 232629 (2) '3) (4) Education (General Provisions) Bill 2006 Schedule 2 (continued) The application is taken to be a valid application, under section 49 as applied by section 59, to change the attribute of accreditation applying to the school mentioned in section 16(3)(e) to include the preparatory year. Also, chapter 2, part 3, division 2, as applied by section 59, applies to the application with any necessary or convenient changes. In addition, if the applicant is not eligible for Government funding for the school, the reference in section 53(4), as applied by section 59, to 6 months is taken to be a reference to 9 months. '236 Application for accreditation for particular type of education—provisionally accredited school '(D) (2) '3) (4) This section applies if— (a) a school is provisionally accredited to provide the type of education mentioned in section 12(1)(b) of the pre-amended Act; and (b) an application has been made for the accreditation of the school for the type of education mentioned in section 12(1)(a) of the pre-amended Act; and (c) immediately before the commencement, the application has not been decided under chapter 2, part 2, division 2, subdivision 2. The application is taken to be a valid application, under section 49, to change the attribute of provisional accreditation applying to the school mentioned in section 16(3)(e) to include the preparatory year. Also, chapter 2, part 3, division 2, applies to the application with any necessary or convenient changes. In addition, if the applicant is not eligible for Government funding for the school, the reference in section 53(4) to 6 months is taken to be a reference to 9 months. Com ADDN BPWNeR ro NX COM ADM fF WN 222527 29 31Education (General Provisions) Bill 2006 Schedule 2 (continued) '237 Decision to refuse to provisionally accredit school '(1)_ This section applies if— (a) (b) (c) (d) the board has decided, under chapter 2, part 2, division 2, subdivision 2, to refuse to provisionally accredit a school to provide the type of education mentioned in section 12(1)(a) of the pre-amended Act (the first decision); and the school is provisionally accredited, or accredited, to provide the type of education mentioned in section 12(1)(b) of the pre-amended Act; and an application has been made under section 101 for a review of the first decision; and immediately before the commencement, the application has not been decided under section 103. '(2) The Minister must decide the application on the basis that the first decision is taken to be a decision by the board to refuse to grant an application under section 49 to change the attribute of provisional accreditation, or attribute of accreditation, applying to the school mentioned in section 16(3)(e) to include the preparatory year. '(3) Also, section 103 applies to the application with any necessary or convenient changes. '238 Decision to refuse to accredit school '(1)_ This section applies if— (a) (b) (c) the board decides, under chapter 2, part 2, division 2, subdivision 3, to refuse to accredit a school to provide the type of education mentioned in section 12(1)(a) of the pre-amended Act (the first decision); and the school is provisionally accredited, or accredited, to to provide the type of education mentioned in section 12(1)(b) of the pre-amended Act; and an application has been made under section 101 for a review of the first decision; and Om ADNPW NN NX STOmIADN FW NK CO NN en 24 2628 3033 (2) '3) Education (General Provisions) Bill 2006 Schedule 2 (continued) (d) immediately before the commencement, the application has not been decided under section 103. The Minister must decide the application on the basis that the first decision is taken to be a decision by the board to refuse to grant an application under section 49, as applied by section 59, to change the attribute of provisional accreditation, or attribute of accreditation, applying to the school mentioned in section 16(3)(e) to include the preparatory year. Also, section 103 applies to the application with any necessary or convenient changes.'. Schedule 3, definition preschool education— omit. Schedule 3, definition sector of schooling, paragraph (a)— omit, insert— '(a) preparatory year to year 3;'. Schedule 3, definition commencement— insert— '(d) for chapter 8, part 3—-see section 225.'. Schedule 3— insert— ost-amended Act, for chapter 8, part 3, see section 225. pre-amended Act, for chapter 8, part 3, see section 225. preparatory year see the Education (General Provisions) Act 2006, schedule 4.'. CO OADNHRW NR n NN PW N So on 21 23 25 Education (General Provisions) Bill 2006 Schedule 2 (continued) Education (General Provisions) Act 2006 Section 22, heading, 'preschool guidelines'— omit, insert— "preparatory guidelines'. Section 22(1), 'preschool guidelines'— omit, insert— "preparatory guidelines'. Section 22(2), definition preschool guidelines— omit, insert— 'preparatory guidelines means guidelines for the preparatory year.'. Section 23, heading, 'preschool guideline'-— omit, insert— 'preparatory guideline'. Section 23(4)— omit, insert— '(4) The principal of a State instructional institution must ensure the institution, in providing education in the preparatory year, implements a stated approved preparatory guideline or accredited preparatory guideline.'. Section 23(5), definitions accredited preschool guideline and approved preschool guideline— omit, insert— A Education (General Provisions) Bill 2006 Schedule 2 (continued) 'accredited preparatory guideline means a preparatory guideline, accredited by the authority under the QSA Act, for the preparatory year. approved preparatory guideline means a_ preparatory guideline, approved by the authority under the QSA Acct, for the preparatory year.'. Section 76, definition State school— omit. Section 77(5)— omit, insert— '(5) A student enrolled in the preparatory year at a State school must not be given instruction in a religious or other belief at the school'. Section 78(1), after 'students'— insert— ', other than students enrolled in the preparatory year,' Section 125(1)(f)— omit. Section 125(1)(g)— renumber as section 125(1)(f). Section 134(2)— omit. Section 134(3)— renumber as section 134(2). Dunk WnNne WwNrF Oo nan 22 24 Education (General Provisions) Bill 2006 Schedule 2 (continued) 14 Section 180(1)(a), after 'enrolled'— insert— 'in a year of schooling, other than the preparatory year,'. 15 Section 182(1)(a)(i), after 'enrolled'— insert— 'in a year of schooling, other than the preparatory year,'. 16 After section 433— insert— '433A Prohibition on use of certain terms '(1) A licensee must not use any of the following terms in describing child care provided under the licence— (a) 'preparatory year'; (b) 'prep year'; (c) 'prep'. Maximum penalty— (a) for a first offence—S0 penalty units; or (b) for a second or subsequent offence—100 penalty units. '(2) In this section— licence see the Child Care Act 2002, schedule 2. licensee means the holder of a licence under the Child Care Act 2002.'. 17 Section 490— omit. 18 After section 513— insert— Nw \o Po Oo AWANI HD UN BPW NY KO NN WN 25 Education (General Provisions) Bill 2006 Schedule 2 (continued) '513A Limited effect of section 433A for 1 year 'For 1 year after section 433A°° commences, the section does not apply to a person who, on the commencement of the section, was the holder of a licence under the Child Care Act 2002.'. 19 Schedule 4, definitions preschool education, primary school and State preschool centre— omit. 20 Schedule 4— insert— 'preparatory year means the year of schooling immediately before year 1.'. 21 Schedule 4, definition primary education, after 'in'— insert— 'the preparatory year and'. Education (Queensland College of Teachers) Act 2005 1 Section 74(b)— omit. 2 Section 74(c)— renumber as section 74(b). 56 Section 433A (Prohibition on use of certain terms) ANBWN ND 18 20 Education (General Provisions) Bill 2006 Schedule 2 (continued) Education (Queensland Studies Authority) Act 2002 1 Title, 'preschool'— omit, insert— 'preparatory'. 2 Section 3(2)(b)(i) and (ii), 'preschool'— omit, insert— 'preparatory'. 3 Section 8(a) to (d), 'preschool'— omit, insert— 'preparatory'. 4 Section 9, 'preschool'— omit, insert— 'preparatory'. 5 Part 2, division 4, heading, 'preschool'— omit, insert— 'preparatory'. 6 Section 20, 'preschool'— omit, insert— 'preparatory'. 7 Section 23(2) and (5)(a), (b) and (c), 'preschool' omit, insert— 'preparatory'. 21 Education (General Provisions) Bill 2006 Schedule 2 (continued) Section 55(2)(a) and (b), 'preschool'— omit, insert— 'preparatory'. Section 79(2)(a), 'preschool'— omit, insert— 'preparatory'. Section 87, heading— omit, insert— "'Syllabuses'.. Section 87(1)— omit. Section 87(2) to (6)— renumber as section 87(1) to (5). Schedule 2, definitions accredited preschool guideline, approved preschool guideline, preschool education and preschool guideline— omit. Schedule 2— insert— 'accredited preparatory guideline means a preparatory guideline accredited, by the authority under this Act, for the preparatory year. approved preparatory guideline means under this Act, for the preparatory year. a preparatory guideline developed or revised, and approved, by the authority NY ANA 2124Education (General Provisions) Bill 2006 Schedule 2 (continued) preparatory guideline means a guideline for the preparatory year. preparatory year see the Education (General Provisions) Act 2006, schedule 4.'. 15 Schedule 2, definition primary school, from 'in years'— omit, insert— 'in the preparatory year and years | to 7.'. 16 Schedule 2, definition sectors of education, 'preschool education,;— omit. Public Health Act 2005 1 Section 158, definition school, ', State preschool centre'— omit. BW NF nn \o oo 13 Education (General Provisions) Bill 2006 Schedule 3 Amendments commencing on 1 January 2008 section 515(3) Education (General Provisions) Act 2006 1 Section 9(1), after "6 years'— insert— 'and 6 months,'. 2 Section 59(2), after '7 years'— insert— 'and 6 months'. 3 Section 60, after '7 years'— insert— 'and 6 months'. 4 Section 61(1)(d)(ii)— omit, insert— '(ii) at least 7 years and 6 months.'. Education (General Provisions) Bill 2006 Schedule 4 Dictionary section 8 accepted representations— (a) for chapter 8, part 1, division 2—see section 164(2); or (b) for chapter 9, part 3, division 4—see section 199(2); or (c) for chapter 9, part 5, division 5—see section 227(2); or (d) for chapter 12, part 4, division 4—see section 311(2); or (e) for chapter 12, part 4, division 7—see section 322(2); or (f) for chapter 13, part 4—see section 381(2). advisory committee means an advisory committee established under section 416. aggregated information means information about young people in the student account phase that— (a) comprises or includes, or is derived from, information given to the QSA under chapter 11; and (b) could not reasonably be expected to result in the identification of any of the persons to whom it relates. aggrieved person, for chapter 15, part 4, see section 405. allowance, for chapter 13, see section 371. alternative association member, for chapter 6, see section 81. annual report, for the department, means the department's annual report under the Financial Administration and Audit Act 1977. appellant see section 401. appointed member, for chapter 6, see section 81. appropriately qualified, for chapter 12, part 4, division 8, see section 327. approved behaviour plan, for chapter 12, part 2, see section 279. omrnNntnann & WwW Co WAND NH WN KO iS) Oo NNW WNre NY N na & NW mon NW ow Education (General Provisions) Bill 2006 Schedule 4 (continued) approved entity— (a) for chapter 5—see section 76; or (b) for chapter 18—see section 418. approved form means a form approved by the chief executive under section 437. approved policy, for chapter 13, see section 371. AQF see the VETE Act, section 19.57 association means— (a) a parents and citizens association formed for a State instructional institution under section 122; or (b) an interim parents and citizens association formed for a proposed State instructional institution under section 123. at, in relation to premises, includes in or on the premises. attending, a provider or other entity, means complying with the provider or entity's attendance requirements in the relevant way stated in section 238(2) or (3). authorised officer, for chapter 16, part 1, see section 408. basic allocation see section 11(1). behaviour improvement condition, for chapter 12, part 4, division 8, see section 327. behaviour management program, for chapter 12, part 4, division 8, see section 327. belief, for chapter 5, see section 76. 57. VETE Act, section 19— AQF means the policy framework entitled 'Australian Qualifications Framework' that defines all qualifications (whether as defined under this chapter or otherwise) recognised nationally in education and training within Australia, endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs so as to commence on | January 1995 and that policy framework as amended from time to time. omWmrNI DNF WN eCorArANAMNM FF WNrY CO \o Nw ro NN WN N BSG Education (General Provisions) Bill 2006 Schedule 4 (continued) board means the Non-State Schools Accreditation Board established under the Education (Accreditation of Non-State Schools) Act 2001. catchment area, for chapter 8, part 3, see section 173. certificate IIIT means a qualification by that name under the AQF. certificate IV means a qualification by that name under the AQF. chairperson, for chapter 6, see section 81. challenging behaviour, for chapter 12, part 4, division 8, see section 327. charge, for chapter 2, part 5, see section 25. chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered. chief executive (transport), for chapter 3, see section 48. closure, for chapter 2, part 3, see section 17. compulsory participation phase see section 235. compulsory school age see section 9. convicted, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded. coopted student member, for chapter 6, see section 81. court— (a) for chapter 12—see section 278; or (b) for chapter 15, part 3—see section 400; or (c) for chapter 15, part 4—see section 405. criminal history— (a) for chapter 2, part 5—see section 25; or (b) for chapter 18—see section 418. Co AN DN FF WNe ont aA UAW NY FO \o NNW NRO 24262830 Education (General Provisions) Bill 2006 Schedule 4 (continued) distance education means education provided where students and teachers are not regularly in the presence of each other for that purpose but communicate with each other in writing, by print or by electronic means. educational program includes— (a) for a reference to an educational program provided under this Act—a program under arrangements approved under section 187; or (b) for a reference to an educational program provided under the Education (Accreditation of Non-State Schools) Act 2001—a program under arrangements approved under section 186. effective enrolment eligibility plan, for chapter 8, part 4, see section 177. effective enrolment management plan, for chapter 8, part 3, see section 173. elected member, for chapter 6, see section 81. elected parent member, for chapter 6, see section 81. elected staff member, for chapter 6, see section 81. elected student member, for chapter 6, see section 81. eligible option see section 236. employee— (a) for chapter 12, part 6—see section 339; or (b) for chapter 12, part 7—see section 347; or (c) for chapter 12, part 11—-see section 368. employment exemption means an employment exemption in force under the VETE Act, chapter 5, part 3, division 5A.58 enrolment eligibility plan, for chapter 8 part 4, see section 177. VETE Act, chapter 5 (Ombudsman and council), part 3 (Training and Employment Recognition Council), division 5A (Deciding employment exemptions) C0 OAIAD NHN FPWNKE Co mrnNn AN FW NRO NY w&e NY NY NY WY nA BR WN KF CO NW mon NW ow Education (General Provisions) Bill 2006 Schedule 4 (continued) enrolment management plan, for chapter 8, part 3, see section 173. exclude, a student from a State school, means prohibit the student from enrolling at the school while the exclusion is in force. excluded person see section 315. exclusion decision see section 316(1). exemption, for chapter 9, part 3, see section 188. exempt person— (a) (b) for chapter 12, part 6—see section 339; or for chapter 12, part 7—see section 347. external program means— (a) (b) (c) an educational program under section 290(2) or 295; or a program under arrangements approved under section 186 or 187; or another program or course for which the provider's requirements do not include physically attending, at particular times, the provider's premises or another place. financial data, for a means the following— (a) (b) (c) (d) (e) (f) (g) details of the sc details of the sc details of the sc details of the sc details of the sc of its incidental details of the sc other financial d regulation. non-State school in receipt of subsidy, hool's recurrent income; hool's capital income; hool's recurrent expenses; hool's capital expenses; hool's profit or loss in carrying out each business activities; hool's loans; etails, for the school, prescribed under a Co mWmrAN DD NSFW NK CAND NH WN KF CO Nw ro YN 'R NY N nn BF WN NW mon N oo wWhd ow Education (General Provisions) Bill 2006 Schedule 4 (continued) full-time, in relation to participation in an eligible option, means at a level that is full-time under the following provisions— (a) for an apprenticeship or traineeship under the VETE Act—section 242(2); (b) otherwise—section 239. home education, for chapter 9, part 5, see section 209. human services includes education, family support, health and housing. human services entity means a Commonwealth, State or local government entity with functions relating to human services. information includes a document. information notice, for a decision of the chief executive, is a notice stating the following— (a) the decision; (b) the reasons for the decision; (c) _ that the person to whom the notice is given may have the decision reviewed within 28 days; (d) how the person may have the decision reviewed. international educational institution, for chapter 18, see section 418. international institution approval, for chapter 18, see section 420(1). mature age State school, for chapter 2, part 5, see section 25. mature age student, for chapter 2, part 5, see section 25. mature age student notice, for chapter 2, part 5, see section 25. model constitutions see section 100. nearest applicable school, for chapter 3, see section 48. negative notice, for chapter 2, part 5, see section 25. nominated person, for chapter 7, part 10, see section 153. om NID Wf WNeK CID NN FW NY KO \o Nw ro NN WN NY N na & Nw mon N oo 30Education (General Provisions) Bill 2006 Schedule 4 (continued) non-departmental employment skills development program means a program included in the register maintained under the VETE Acct, section 183E. non-State school means a school that is provisionally accredited, or accredited, under the Education (Accreditation of Non-State Schools) Act 2001. non-State school in receipt of subsidy means an operating non-State school, the governing body of which is eligible for Government funding for the school under the Education (Accreditation of Non-State Schools) Act 2001. non-university provider see the Higher Education (General Provisions) Act 2003, schedule 2. notice means written notice. notice of removal, for chapter 7, part 10, see section 153. notice recommending exclusion see section 294(3). officer, of an association, means a person elected to an office of the association under section 127. official member, for chapter 6, see section 81. original decision— (a) for chapter 2, part 5, division 6—see section 39; or (b) for chapter 15, part 1—see section 394. original direction see section 401. overseas curriculum, for chapter 18, see section 418. parent— (a) generally—see section 10; or (b) for chapter 12, part 4, division 9—see section 332. parents and citizens association means a parents and citizens association formed under chapter 7. participating, in an eligible option, means participating under the following provisions— CAN DUNK WNKE Co WANID UN FW NF CO NY w&e NY NY NY WY nA BR WN KF CO 28 30 Education (General Provisions) Bill 2006 Schedule 4 (continued) (a) for an apprenticeship or traineeship under the VETE Act—section 242(2); (b) otherwise—section 238. permanent resident, for chapter 3, see section 48. person under the cancellation see section 324(3). person with a disability see section 169(1). planning activities see section 6(a). positive notice, for chapter 2, part 5, see section 25. premises includes a building together with surrounding land. preschool education means educational programs appropriate to the needs of children below compulsory school age and before enrolment in year 1. president, of an association, means the president of the association elected under section 127. primary education means education offered in years 1 to 7. primary school means a State school, not being a special school, providing primary education. principal, of a non-State school with no position by that name, means the person responsible for the school's day-to-day management. principal's supervisor, in relation to the principal of a State instructional institution, means the officer employed in the department who holds the position as the principal's supervisor. prospective student see section 159(1). provider— (a) generally for chapters 10 and 11—see section 236; and (b) in a provision about an eligible option—means the provider for the option. provisional registration, for chapter 9, part 5, see section 209. omWmrNI DN FW Ne iS) SCOmDMAND UN BPW NRO NNNN BRWNF NY we WN NnW NW ow Education (General Provisions) Bill 2006 Schedule 4 (continued) QSA means the Queensland Studies Authority established under the QSA Act, section 6. QSA Act means the Education (Queensland Studies Authority) Act 2002. reasonably satisfied means satisfied on reasonable grounds. reasonably suspects means suspects on grounds that are reasonable in the circumstances. re-engagement activities see section 6(b). registered teacher see the Education (Queensland College of Teachers) Act 2005, schedule 3. registered training organisation see the VETE Act, section 14. registration, for chapter 9, part 5, see section 209. relevant agreement, for chapter 7, part 8, see section 140. relevant person, for chapter 14, see section 387. remaining allocation see section 11(3). remove, for chapter 7, part 10, see section 153. removed person, for chapter 7, part 10, see section 153. remote area see section 49. review body, for chapter 12, part 7, division 3, see section 349(1). review decision, for chapter 15, see section 396(2). school council, for a State school, means the school council established for the school under section 83. school day means any day on which a school is operating as a school. school in receipt of subsidy means— (a) a State school; or (b) anon-State school in receipt of subsidy. school of distance education means— Co WANID UN FW NK orntan kW NY CO \o Nw ro N N NN BW NN nun Bb YN N oo wN Education (General Provisions) Bill 2006 Schedule 4 (continued) (a) aState school providing distance education; or (b) a non-State school accredited or provisionally accredited under the Education (Accreditation of Non-State Schools) Act 2001 to provide distance education. secondary education means education offered in years 8 to 12. semester means semester | or semester 2. semester I means the period notified by the Minister in the gazette as semester 1. semester 2 means the period notified by the Minister in the gazette as semester 2. senior certificate means a certificate of achievement of that type issued under the QSA Act. serious offence see the Commission for Children and Young People and Child Guardian Act 2000, schedule 4. show cause notice— (a) for chapter 8, part 1, division 2—see section 163(1); or (b) for chapter 9, part 3, division 4—see section 198(1); or (c) for chapter 9, part 5, division 5—see section 226(1); or (d) for chapter 12, part 4, division 4—see section 310(1); or (e) for chapter 12, part 4, division 7—see section 321(2); or (f) for chapter 13, part 4—see section 380(2). show cause period— (a) for chapter 8, part 1, division 2—see section 163(1)(d); or (b) for chapter 9, part 3, division 4—see section 198(2)(d); or (c) for chapter 9, part 5, division 5—see section 226(2)(d); or Co WAND NAPWN Co mWmrN DN FW NF CO RN NY KY WY WY RW NY FF OC NN nun NN aon wWhd ow Education (General Provisions) Bill 2006 Schedule 4 (continued) (d) for chapter 12, part 4, division 4—see section 310(1)(d); or (e) for chapter 12, part 4, division 7—see section 321(2)(d); or (f) for chapter 13, part 4—see section 380(2)(d). special education means the educational programs and services— (a) appropriate to the needs of persons with a disability; and (b) additional to, or otherwise different from, educationa programs and services generally available to persons of the relevant age who are not persons with a disability. special school means a State school only providing specia education. standard conditions of registration, for chapter 9, part 5, see section 209. stated State school, for chapter 4, part 5, see section 70. State educational institution means an educational institution established under section 13, 14 or 15. State instructional institution means an_ educational institution established under section 13 or 14. State preschool centre means the part of a primary school's premises at which preschool education is provided by the State. State school— (a) for chapter 5—see section 76; or (b) otherwise—means an educational institution established under section 13. student— (a) for chapter 4—see section 57; or (b) for chapter 12, part 4, division 9—see section 332. student account see section 256(1). Co WANID UN FW NK CN HD NF WN KO iS) ow NNW WNre NY N na & NW mon NY N \o © 31 Education (General Provisions) Bill 2006 Schedule 4 (continued) student account phase see section 261. student visa holder means a person who holds a student visa issued under the Migration Act 1958 (Cwlth). suspend, a student from a State school, means prohibit the student from attending the school while the suspension is in force. TAFE institute see the VETE Acct, section 191. teacher see the Education (Queensland College of Teachers) Act 2005, schedule 3. transfer note see section 388. university see the Higher Education (General Provisions) Act 2003, schedule 2. VETE Act means the Vocational Education, Training and Employment Act 2000. VETE chief executive means the chief executive of the VETE department. VETE department means the department in which the VETE Act is administered. © State of Queensland 2006 Com A DN WN ern nN FW NY CO