Education Act 2016 (Tas)

Education Act 2016

An Act to provide for and regulate education in Tasmania, to repeal, revoke and rescind certain Acts and statutory rules and for related purposes [Royal Assent 21 December 2016]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Education Act 2016 .

2. Commencement (1) Section 8 commences on the day on which Part 3 of the Education Amendment Act 2017 commences or is taken to have commenced. (2) The remaining provisions of this Act commence on 10 July 2017. (3) . . . . . . . . (4) . . . . . . . . (5) . . . . . . . . (6) . . . . . . . . (7) . . . . . . . . (8) . . . . . . . . (9) . . . . . . . .

3. Objects of Act The objects of this Act are – (a) to make available to each Tasmanian child a high-quality education that – (i) helps maximise the child's educational potential; and (ii) provides the foundation to enable the child, throughout childhood and as an adult, to lead a fulfilling life and to contribute to the Tasmanian community; and (b) to provide for 13 years of compulsory education and training; and (c) to provide for access to pre-compulsory education; and (d) to provide for the operation, governance and monitoring of State schools; and (e) to provide for the operation, governance and monitoring of non-government schools; and (f) to provide for the registration and monitoring of home education.

4. Principles which are basis of Act (1) The principles on which this Act is based are the following principles: (a) the right of every child to receive an education until the child completes Year 12, the year of home education equivalent to Year 12 or an approved learning program; (b) the right of every child, during the years of education from kindergarten to the year commonly known as Year 2, to be supported by developmentally appropriate learning frameworks that recognise the child as an active learner and support the delivery of an enquiry-based curriculum; (c) that the State recognises the role and importance of a child's parents in the education of their child; (d) that the State recognises that a child's parents are the first and most important educators of the child; (e) that the State recognises – (i) that parents have a responsibility to ensure that their child receives an education; and (ii) that the State has a responsibility to support parents in ensuring that they meet their responsibilities under this Act; (f) the importance of a child having the opportunity, and being encouraged, to be actively involved in decisions affecting the child's participation in education, having regard to the age and understanding of the child; (g) the importance of the State, education regulators, parents, teachers, schools, other educational institutions (including TasTAFE and the University of Tasmania) and the wider community working collaboratively to engender a commitment in all sectors in Tasmania to achieving the best educational outcomes for children; (h) the importance of the provision by the State of universal access to education through the maintenance of a government education system; (i) the importance of providing the foundation for lifelong learning; (j) that the provision of education at a school recognises the individual needs of children with disabilities and, to that end, persons involved in the administration of this Act and the provision of education at a school will make appropriate, reasonable provision for those needs; (k) that all students are entitled to education of a quality that is capable of enabling them to reach their potential and so maximise their achievements and contribution to the community. (1A) A person performing a function, action or duty, or exercising a power, under this Act, is to have regard to the principles set out in subsection (1) . (2) For the purposes of subsection (1)(b) , a learning framework is a framework that describes the principles and practices to support and enhance learning and the outcomes to be achieved from that learning as approved from time to time by the Ministerial Council responsible for early childhood education and care in accordance with the Education and Care Services National Law (Tasmania).