{"id":"a-2004-17","name":"Education Act 2004","slug":"education-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"17 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23454,"registerId":"act-a-2004-17-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"10A","sectionType":"section","heading":"Child of compulsory education age—school attendance requirement 17","content":"10A Child of compulsory education age—school attendance requirement 17\n10AA Student movement register 18\n10AB Student movement register—procedures 20\n10AC Student movement register—parental notice 20\n10B Meaning of participates in education course—div 2.2.2 21\n10C Meaning of full-time participation in education course—div 2.2.2 21\n10D Child of compulsory education age—participation requirement 22\n11 Participation requirement—absence 23\n11A Participation requirement—suspension 23\n11B Participation requirement—exclusion 23\n11G Meaning of full-time participation requirement—pt 2.3 24\n11H Exemption certificate—application 24\n\nPage\ncontents 3\n12 Exemption certificate—requirement for further information 25\n12A Exemption certificate—issue 25\n12B Exemption certificate—form 26\n12C Exemption certificate—conditions 26\n12D Exemption certificate—duration 26\n13 Exemption certificate—revocation 27\nPart 2.4 After year 10—training and employment\nalternatives\n13A Meaning of training alternative and training alternative provider—Act 28\n13B Meaning of employment alternative—Act 29\n13C Meaning of full-time participation in training or employment\nalternative—pt 2.4 29\nDivision 2.4.2 Approval to participate in training and employment\nalternatives\n13D Approval statement—application 30\n14 Approval statement—requirement for further information 30\n14A Approval statement—issue 31\n14B Approval statement—form 32\n14C Approval statement—conditions 32\n14D Approval statement—compliance requirement 33\n15 Approval statement—duration 33\n15A Approval statement—revocation 34\n15B Return to education while approval statement in force 34\nDivision 2.4.3 Training and employment alternatives—deemed\nparticipation\n15C Training and employment alternatives—absence 34\n15D Training alternative—suspension 35\n16 Training alternative—exclusion 35\n16A Employment alternative—termination 35\n16AA Giving information notice 37\n16AB Contents of information notice 37\n\nPage\ncontents 4 Education Act 2004\n16AC Extension of time for compliance with information notice 38\n16AD Revocation of information notice on compliance 38\n16B Giving compliance notice 39\n16C Contents of compliance notice 39\n16D Extension of time for compliance with compliance notice 40\n17 Revocation of compliance notice on compliance 40\nPart 2.6 Offences—parents\n17A Contravention of information and compliance notices 41\nChapter 2A Suspension, transfer, expulsion and\nexclusion of students\nPart 2A.1 Suspension, transfer, expulsion and\nexclusion—generally\n17B Meaning of unsafe or noncompliant behaviour—ch 2A 42\n17C Definitions—ch 2A 43\n17D Exhausting all reasonable alternatives 44\n17E Communicating with students and parents 44\n17F Notification not required in certain circumstances 45\n17G Suspension to ensure safe and effective learning environment 46\n17H Suspension 46\n17I Suspension—notice 47\n17J Suspension—length 47\n17K Suspension—government and Catholic system schools—principal’s\nrecommendation 48\n17L Suspension—involving student and parents 49\n17M Suspension—student’s education and counselling 51\n17N Suspension—review of student’s circumstances 51\n17O Suspension—government and Catholic system schools—delegation 51\n\nPage\ncontents 5\n17P Transfer 53\n17Q Transfer—notice 54\n17R Transfer—principal’s recommendation 54\n17S Transfer—involving student and parents 55\n17T Transfer—counselling 56\nPart 2A.4 Expulsion from Catholic system schools and\nindependent schools\n17U Expulsion 57\n17V Expulsion—notice 58\n17W Expulsion—Catholic system schools—principal’s recommendation 58\n17X Expulsion—involving student and parents 59\n17Y Expulsion—counselling 60\n17Z Application—div 2A.5.1 61\n17ZA Exclusion—government schools 61\n17ZB Exclusion—government schools—notice 62\n17ZC Exclusion—government schools—principal’s recommendation 62\n17ZD Exclusion—government schools—involving student and parents 63\n17ZE Exclusion—government schools—ongoing education and counselling 64\n17ZF Exclusion—Catholic system schools 64\n17ZG Exclusion—Catholic system schools—notice 65\n17ZH Exclusion—Catholic system schools—principal’s recommendation 66\n17ZI Exclusion—Catholic system schools—involving student and parents 67\n17ZJ Exclusion—Catholic system schools—counselling 67\n","sortOrder":0},{"sectionNumber":"18","sectionType":"section","heading":"Principles on which ch 3 based 68","content":"18 Principles on which ch 3 based 68\n\nPage\ncontents 6 Education Act 2004\nPart 3.2 Establishment and operation of government\n20 Establishing government schools etc 70\n20A Independent committee 73\n20B Impacts of closing or amalgamating government schools 74\n21 Operation of government schools 76\n21A Priority enrolment areas 77\n22 Investigation of complaints—government schools 78\n23 Review of government school system 78\n24 Review of operation of government schools 78\n25 Reporting to parents—government schools 79\n26 Education to be free 79\n27 Voluntary financial contributions 80\n28 Secular education 80\n29 Religious education 81\n30 Curriculum 81\n31 Approved educational courses for students at government schools 81\nPart 3.3 Attendance at government schools\n32 Keeping of register of enrolments and attendances for government\nschools 83\n33 Keeping records of enrolment and attendances for government\nschools 83\n34 Inspection of register of enrolment and attendances for government\nschools 84\n35 Procedures to encourage school attendance at government schools 85\n37 Definitions for pt 3.4 86\n38 Establishment of school boards 87\n39 Functions of school boards etc 87\n40 Declaration of parents and citizens associations in certain\ncircumstances 88\n\nPage\ncontents 7\n41 Composition of school boards generally 89\n42 Composition of school boards of small schools 90\n43 Composition of school boards of school-related institutions and other\nschools in special circumstances 92\n44 Ending of appointment of members of school board 94\n45 Chairperson and deputy chairperson of school boards 95\n46 School boards to take part in selection of school principals 95\n47 Time and place of meetings of school boards 95\n48 Procedures governing proceedings of school boards 96\n49 Disclosure of interests by members of school boards 97\n49A Protection of members of school boards 98\n50 School boards to approve budgets 98\n51 Application of money of school 99\n52 School boards to approve financial statement and report 99\n53 School boards to make available summaries of budget and annual\nreport 100\nDivision 3.6.1 Authorised persons (government)\n67 Appointment of authorised persons (government) 101\n68 Identity cards for authorised persons (government) 102\nDivision 3.6.2 Inspection powers for government schools\n69 Power not to be exercised before identity card shown etc 102\n70 Entry to government schools 103\n71 Powers on entry 103\nPart 4.1 Non-government schools—principles\n72 Principles—ch 4 104\n\nPage\ncontents 8 Education Act 2004\nDivision 4.2.1 Registrar of non-government schools\n73 Registrar—appointment 105\n74 Registrar—functions 105\n75 Registration standards advisory board—establishment 105\n76 Registration standards advisory board—functions 106\n77 Registration standards advisory board—advice to Minister 106\n78 Registration standards advisory board—membership 106\n79 Registration standards advisory board—term of appointment 108\n80 Registration standards advisory board—ending appointment 108\n81 Registration standards advisory board—facilities etc 109\n82 Registration standards advisory board—conduct of meetings 109\n83 Registration standards advisory board—disclosure of interests 109\nDivision 4.3.1 Non-government schools registration standards\n84 Non-government schools registration standards 111\n85 Registration standards guidelines 111\n86 In-principle approval—application 112\n87 In-principle approval—further information 113\n88 In-principle approval—decision on application 113\n89 Registration—application 115\n90 Registration—further information 116\n91 Registration—referral to registration standards advisory board 116\n92 Registration—decision on application 117\n93 Registration—conditions 117\n94 Registration—duration 117\n95 Registration—register and registration certificate 118\n96 Proprietor must tell registrar about notifiable changes 119\n97 Proprietor must apply for registrable changes 120\n\nPage\ncontents 9\n98 Registration amendment—application 121\n99 Registration amendment—further information 123\n100 Registration amendment—referral to registration standards advisory\nboard 123\n101 Registration amendment—decision on application 124\n102 Registration amendment—conditions 125\n103 Urgent temporary change 125\n104 Offence—operate unregistered non-government school 126\n104A Provide distance education without being registered school 126\n105 Offence—operate registered school other than within scope of\nregistration 126\n106 Register of registered non-government schools 127\n107 Proprietor must update details 128\nPart 4.4 Non-government schools—registration\nreviews\nDivision 4.4.1 Reasons to carry out registration review\n108 Meaning of registration review—ch 4 129\n109 Annual registration review program 129\n110 Registration review after concern raised 130\n111 Registrar to report concerns to registration standards advisory board 130\nDivision 4.4.2 Reasons to not carry out registration review\n112 Concern raised is frivolous etc 131\n113 Concern withdrawn 131\n114 Referral to school 132\n115 Referral to another entity 132\n116 Registration review procedure 133\n117 Registration review guidelines 134\n118 Request for further information or verification 134\n119 Registrar’s action on completing registration review 135\n\nPage\ncontents 10 Education Act 2004\n120 Compliance directions 136\n121 Meaning of regulatory action—ch 4 136\n122 Grounds for taking regulatory action 137\n123 Registrar—referral to registration standards advisory board 137\n124 Notification of proposed regulatory action 137\n125 Minister—referral to registration standards advisory board 138\n125A Taking regulatory action 138\n125B When cancellation takes effect 140\n125C Not taking regulatory action 140\nPart 4.5 Non-government schools—approved\neducational courses and registers of\n125D Approved educational courses—registered schools 141\n125E Meaning of register of enrolments and attendances—pt 4.5 142\n125F Keeping register of enrolments and attendances—registered schools 142\n125G Producing registers of enrolments and attendances—registered\nschools 143\n125H Keeping registers of enrolments and attendances—approved\neducational courses (non-government) 143\n125I Producing registers of enrolments and attendances—approved\neducational courses (non-government) 144\nDivision 4.6.1 Preliminary\n125K Definitions—pt 4.6 145\nDivision 4.6.2 Authorised people (non-government)—generally\n125L Meaning of authorised person (non-government) 145\n125M Appointment 146\n125N Authorised people (non-government)—functions 146\n125O Identity cards 147\n125P Authorised person (non-government) must show identity card on\nexercising power of entry 147\n\nPage\ncontents 11\n125Q Entry to premises 148\n125R Production of identity card 149\n125S Consent to entry 149\n125T General powers on entry to premises 151\n125U Power to obtain information 152\n125V Abrogation of privilege against self-incrimination 152\n125W Warning to be given 153\nChapter 4A School education advisory committee\n126 Establishment of advisory committee 154\n127 Appointment of chair and members 154\n127A Reimbursement of member’s expenses 154\n127B Advisory committee—terms of reference and procedures 155\n127BA Meaning of distance education 156\n127BB Provision of distance education 156\n127BC Distance education policy 157\n127BD Distance education determination 157\n127BE Eligibility for distance education 158\n127C Definitions—ch 5 159\n128 Principles on which ch 5 based 159\n131 Registration for home education 161\n132 Conditions of registration for home education 162\n133 Registration of child 163\n134 Period of registration 163\n\nPage\ncontents 12 Education Act 2004\n135 Cancellation of registration for home education 163\n136 Certificate of registration for home education 164\n137 Renewal of registration for home education 165\n138 Home education reports 165\n139 Home education register 166\n140 Definitions—pt 6.1 167\n141 Internal review notices 168\n142 Applications for internal review 168\n143 Applications not stay reviewable decisions 168\n144 Internal review 169\n145 Reviewable decision notices 169\n145A Applications to ACAT 170\n145B Meaning of young person—pt 6.1A 171\n145C Director-general may give certain information to other States 171\n145D Director-general may ask for certain information from other States 173\n145E Consent not required in certain circumstances 174\n147 Offences on school premises 176\n148 Obligations on parents 176\n149 Notification of parents 177\n150 Minister may grant scholarships etc 177\n151 Gifts and donations 177\n152 Education trust fund 178\n153A Evidence—certificate signed by principal etc 179\n154 Approved forms 180\n155 Regulation-making power 180\n\nPage\ncontents 13\nChapter 11 Transitional—Education Amendment Act\n314 Definitions—ch 11 181\n315 Distance education provided by school outside ACT 181\n316 Transitional regulations 182\n317 Expiry—ch 11 183\nSchedule 1 Reviewable decisions 184\nDictionary 187\n1 About the endnotes 198\n2 Abbreviation key 198\n3 Legislation history 199\n4 Amendment history 204\n5 Earlier republications 236\n6 Expired transitional or validating provisions 239\n\nAn Act about the education of children in the ACT, and for other purposes\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Education Act 2004.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘permanent resident—see the\nAustralian Citizenship Act 2007 (Cwlth), section 5.’ means that the term\n‘permanent resident’ is defined in that section and the definition applies\nto this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1.1\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of parent","content":"6 Meaning of parent\n(1) For this Act, parent, of a child—\n(a) means a person with parental responsibility for the child under\nthe Children and Young People Act 2008, division 1.3.2; and\n(b) includes an out-of-home carer for the child.\nout-of-home carer, for a child—see the Children and Young People\nAct 2008, section 508.\n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"General principles of Act","content":"7 General principles of Act\n(1) Everyone involved in the administration of this Act, or in the\neducation of children in the ACT, is to apply the following principles:\n(a) a child learns from birth;\n(b) the parents of a child are the child’s first teachers;\n(c) every child has a right to receive a high-quality education.\n(2) Without limiting subsection (1) (c), a high-quality education is based\non the following principles:\n(a) a high-quality early childhood education—\n(i) provides long-term benefits for, and is important for the\nfuture wellbeing of, the child; and\n(ii) should promote the objectives and guiding principles of the\nnational education and care services quality framework\nunder the Education and Care Services National Law\n(ACT);\n(b) school education and home education provide a foundation for\na democratic society;\n(c) school education and home education should—\n(i) aim to develop every child’s potential and maximise\neducational achievements; and\n(ii) promote children’s enthusiasm for lifelong learning and\noptimism for the future; and\n(iii) encourage parents to take part in the education of their\nchildren, and recognise their right to—\n(A) enrol their child in a government school in which the\nchild is eligible to be enrolled; or\n\nGeneral principles and objects Part 1.2\n(B) apply to enrol their child in a registered\nnon-government school; or\n(C) register their child for home education; and\n(iv) promote respect for and tolerance of others; and\n(v) recognise the social, religious, physical, intellectual and\nemotional needs of all students; and\n(vi) aim over time to improve the learning outcomes of students\nso that the outcomes are free from disadvantage because of\neconomic, social, cultural or other causes; and\n(vii) encourage all students to complete their senior secondary\n(viii) provide access to a broad education; and\n(ix) recognise the needs of children who are Aboriginal or\nTorres Strait Islander people;\n(d) innovation, diversity and opportunity within and among schools\nshould be encouraged;\n(e) effective quality assurance mechanisms should be applied to\nschool education;\n(f) government funding should be directed to students through their\nschools or school system;\n(g) the partnership between the home, community and educational\nproviders should be recognised;\n(h) school communities should be given information about the\noperation of their schools.\n\n(3) Everyone involved in the administration of this Act, or in the school\neducation of children in the ACT, is to apply the principle that school\neducation—\n(a) recognises the individual needs of children with disabilities; and\n(b) should make appropriate provision for those needs, unless it\nwould impose unjustifiable hardship on the provider of the\nschool education.\n(4) Corporal punishment is not allowed in ACT schools.\n(5) Sharing of information relating to a child’s education and care—\n(a) allows the child to receive education and care services that are\nwell-coordinated; and\n(b) enables the best educational outcome for, and promotes the\nwellbeing of, the child; and\n(c) facilitates the child’s transition between education and care\nservice providers.\ncorporal punishment means physical force applied to punish or\ncorrect, and includes any action designed or likely to cause physical\npain or discomfort taken to punish or correct.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Main objects of Act","content":"8 Main objects of Act\n(1) The main objects of this Act are—\n(a) to state the responsibilities of parents and the government in\nrelation to education; and\n(b) to state the principles on which government and non-\ngovernment school education and home education are based;\nand\n\nGeneral principles and objects Part 1.2\n(c) to promote early childhood education by ensuring that every\nchild can access—\n(i) a high-quality early childhood education; and\n(ii) the universal 3-year-old preschool, universal 4-year-old\npreschool or equity-based program; and\n(d) to promote compulsory education by ensuring that—\n(i) children complete year 10; and\n(ii) children participate in education until they are 17 years old\nor complete year 12 (whichever happens first), with the\nopportunity to participate in training or employment after\nyear 10; and\n(e) to state the circumstances in which school attendance is not\nrequired; and\n(f) to provide for the management of unsafe and noncompliant\nbehaviour of students, including providing for suspension,\ntransfer, expulsion and exclusion of students; and\n(g) to provide for the operation and governance of government\nschools; and\n(h) to provide for the registration of non-government schools, and\nensure their compliance with registration standards; and\n(i) to provide for the registration of children for home education.\nequity-based program means a government-funded preschool\nprogram delivered to a child on the basis of equity.\ntargeted 3-year-old initiative, Koori preschools, early entry preschools\n\nuniversal 3-year-old preschool means a government-funded\npreschool program attended by a child in the year in which the child\nis at least 3 years old on 30 April of the year.\nuniversal 4-year-old preschool means a government-funded\npreschool program attended by a child in the year in which the child\nis at least 4 years old on 30 April of the year.\n\nEarly childhood education Chapter 1A\n","sortOrder":8},{"sectionNumber":"8A","sectionType":"section","heading":"Eligible children may attend government-funded","content":"8A Eligible children may attend government-funded\npreschool programs\n(1) The purpose of this section is to ensure that every eligible child can\nreceive an early childhood education funded by the government in the\n2 years before the child is of compulsory education age.\n(2) An eligible child may enrol in a government-funded preschool\nprogram in a year if the child—\n(a) lives in the ACT; and\n(b) is at least 3 years old on 30 April in the year.\n(3) However, a provider of a government-funded preschool program may\nrefuse to enrol an eligible child in the preschool program if enrolling\nthe child would breach a condition of the provider’s service approval.\neligible child means a child who the director-general is satisfied\nmeets the requirements for being eligible for enrolment in a\ngovernment-funded preschool program.\nservice approval, of a provider of a government-funded preschool\nprogram—see the Education and Care Services National Law (ACT),\nsection 5 (1).\n\n","sortOrder":9},{"sectionNumber":"8B","sectionType":"section","heading":"Procedures to encourage attendance at preschool","content":"8B Procedures to encourage attendance at preschool\nprograms delivered by government schools\n(1) The director-general must, for a preschool program delivered by a\ngovernment school, set up procedures to encourage attendance at the\nprogram by children who are enrolled in the program.\n(2) The procedures must—\n(a) state that attendance at the program is not compulsory; and\n(b) state the benefits of a child’s regular attendance at the program;\nand\n(c) include steps that may be taken to support a child’s attendance\nat the program.\nreferring the child’s parents to a support service\n\nPreliminary—ch 2 Part 2.1\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of compulsory education age","content":"9 Meaning of compulsory education age\nFor this Act, a child is of compulsory education age if the child is at\nleast 6 years old and under the age that the first of the following\nhappens:\n(a) the child is 17 years old;\n(b) the child completes year 12.\n","sortOrder":11},{"sectionNumber":"9A","sectionType":"section","heading":"Meaning of education course and education provider","content":"9A Meaning of education course and education provider\n(1) For this Act, each of the courses mentioned in table 9A, column 2 is\nan education course, and the entity mentioned in column 3 for the\ncourse is the provider (the education provider) of the course.\n(2) Also, the director-general may approve another course as an\neducation course and an entity as the provider (the education\nprovider) of the course.\n(3) An approval is a notifiable instrument.\nTable 9A\nitem\neducation course\neducation provider\n1 a course of study a government or non-government school\n2 a course of study a government or non-government school under a law\nof a State or another Territory\n3 a course of study\nleading to the\ncompletion of year 10\nor year 12\na registered training organisation under the National\nVocational Education and Training Regulator\nAct 2011 (Cwlth), s 3\n\nitem\neducation course\neducation provider\n4 a VET course under\nthe National\nVocational Education\nand Training\nRegulator Act 2011\n(Cwlth), s 3\na registered training organisation under the National\nVocational Education and Training Regulator\nAct 2011 (Cwlth), s 3\n5 an accredited course\nunder the Tertiary\nEducation Quality and\nStandards Agency Act\n2011 (Cwlth)\na registered higher education provider under the\nTertiary Education Quality and Standards Agency\nAct 2011 (Cwlth)\n","sortOrder":12},{"sectionNumber":"9B","sectionType":"section","heading":"Meaning of completes year 10","content":"9B Meaning of completes year 10\n(1) For this Act, a child completes year 10 at an education provider if the\nchild—\n(a) is awarded or has completed the requirements for being awarded\na year 10 certificate (however described) by the provider; or\n(b) is given or has completed the requirements for being given a\nhigh school record (however described) in relation to year 10 by\nthe provider; or\n(c) is awarded a certificate (however described) approved by the\ndirector-general.\n(2) An approval is a notifiable instrument.\n(3) Also, for this Act, a child completes year 10 if—\n(a) the child is awarded or has completed the requirements for being\nawarded a year 10 certificate (however described) in a State or\nanother Territory under a law of the State or Territory; or\n(b) the director-general is satisfied on reasonable grounds that the\nchild has completed year 10 or its equivalent in the ACT, a State,\nanother Territory or a foreign country.\n\nPreliminary—ch 2 Part 2.1\n(4) A child mentioned in subsection (3) (b) may be given a certificate or\nrecord by the director-general.\n","sortOrder":13},{"sectionNumber":"9C","sectionType":"section","heading":"Meaning of completes year 12","content":"9C Meaning of completes year 12\n(1) For this Act, a child completes year 12 if the child is awarded or has\ncompleted the requirements for being awarded—\n(a) a year 12 certificate (however described) by the Board of Senior\nSecondary Studies under the Board of Senior Secondary Studies\nAct 1997; or\n(b) a certificate equivalent to a year 12 certificate that shows\ncompletion of a higher education pre-entry course; or\n1 the Certificate of General Education for Adults (at Certificate II or\nabove)\n2 the International Baccalaureate\n(c) a certificate equivalent to a year 12 certificate issued under the\nAQF; or\nthe Australian Qualification Framework (AQF) Certificate II\n(d) a certificate (however described) approved by the\ndirector-general.\n(2) An approval is a notifiable instrument.\n(3) Also, for this Act, a child completes year 12 if—\n(a) the child is awarded or has completed the requirements for being\nawarded a year 12 certificate (however described) in a State or\nanother Territory under a law of the State or Territory; or\n(b) the director-general is satisfied on reasonable grounds that the\nchild has completed year 12 or its equivalent in the ACT, a State,\nanother Territory or a foreign country.\n\n(4) A child mentioned in subsection (3) (b) may be given a certificate or\nrecord by the director-general.\nAQF means the Australian Qualifications Framework under the\nNational Vocational Education and Training Regulator Act 2011\n(Cwlth), section 3.\n","sortOrder":14},{"sectionNumber":"9D","sectionType":"section","heading":"Guidelines—certain director-general functions","content":"9D Guidelines—certain director-general functions\n(1) The director-general may make guidelines about the exercise of the\ndirector-general’s functions under the following provisions:\n• section 10 (6) (c) (Child of compulsory education age—\nenrolment and registration requirement);\n• section 10AC (3) (Student movement register—parental notice);\n• section 10D (4) (Child of compulsory education age—\nparticipation requirement);\n• section 14D (3) (Approval statement—compliance requirement);\n• chapter 5 (Home education).\n(2) A guideline is a notifiable instrument.\n(3) The director-general must comply with any guidelines.\n\nPart 2.2 Compulsory education\nrequirements\nDivision 2.2.1 Enrolment, registration and\nattendance requirements\n10 Child of compulsory education age—enrolment and\nregistration requirement\n(a) lives in the ACT; and\n(b) is of compulsory education age.\n(2) The child’s parents must do either or both of the following:\n(a) enrol the child at an education provider for the purpose of the\nprovider’s education course not later than 14 days after the day\nthe course starts;\n(b) apply to register the child for home education not later than\n10 school term days after the first of the following happens:\n(i) the start of the school year;\n(ii) the day the child begins to live in the ACT.\n(3) Also, the child’s parents must enrol the child under subsection (2) (a)\nnot later than 10 school term days after—\n(a) the day the child turns 6 years old; or\n(b) for a child who has not completed year 10—the day the child\nbegins to live in the ACT.\n\n(4) If the child’s enrolment at an education provider is cancelled by the\nchild’s parents, the parents must do either or both of the following\nwithin 14 days after the day the enrolment is cancelled:\n(a) enrol the child at another education provider for the purpose of\nthe provider’s education course;\n(b) apply to register the child for home education.\n(5) If the child’s registration for home education is cancelled under\nsection 135 (Cancellation of registration for home education), the\nparents must enrol the child at an education provider for the purpose\nof the provider’s education course not later than 14 days after the day\nthe cancellation takes effect.\nNote See s 135 (6) for when the cancellation of registration for home education\ntakes effect.\n(6) This section does not apply if—\n(a) an exemption certificate is in force for the child; or\n(b) the child is participating in a training or employment alternative\nin accordance with part 2.4 (After year 10—training and\nemployment alternatives); or\n(c) the child’s parents have an excuse for not complying with this\nsection that the director-general is satisfied is a reasonable\nexcuse.\nof the director-general’s functions under s (6) (c) (see s 9D).\n\n10AAA Child of compulsory education age—when enrolment\nstarts\n(1) This section applies if an education provider accepts an application\nfor the enrolment of a child who is of compulsory education age for\nthe purpose of the provider’s education course.\n(2) The child’s enrolment at the education provider starts on—\n(a) the day the education course starts for the child; or\n(b) if the education course starts for the child before the application\nfor enrolment is made—the day agreed between the child’s\nparents and the education provider for the child to start the\ncourse.\n10A Child of compulsory education age—school attendance\nrequirement\n(a) is of compulsory education age; and\n(b) is enrolled at a government or non-government school.\n(2) The child’s parents must ensure that the child—\n(a) attends in the way, and during the times, the school requires the\nchild to attend to complete the education course for which the\nchild is enrolled; and\n(b) attends every activity of the school (including attendance at an\napproved educational course) that the school requires the child\nto attend.\nExamples—activity of the school\nschool concert, sporting day or swimming carnival\nnot complying with this section that the principal of the school is\nsatisfied is a reasonable excuse.\n\nattendance, in relation to distance education, includes complying\nwith the education provider’s requirements for attendance.\n• logging in via an online portal at required times\n• attending practical examinations in person\nreasonable excuse means a circumstance prescribed by regulation.\n10AA Student movement register\n(1) The director-general must keep a register (the student movement\nregister) of changes in—\n(a) the enrolment of students at schools in the ACT; and\n(b) the registration of students for home education in the ACT; and\n(c) students participating in distance education in accordance with\n(2) The principal of a school must record the information prescribed by\nregulation in the student movement register for each of the following\n(a student movement event):\n(a) a student is enrolled at the school, having been previously—\n(i) enrolled at another education provider; or\n(ii) registered for home education, whether under this Act or a\ncorresponding law;\n(b) a student’s enrolment ends for any of the following reasons:\n(i) the student is unenrolled from the school;\n(ii) the student is enrolled at another education provider;\n(iii) the student is registered for home education;\n\n(iv) the school terminates the enrolment contract for the\nstudent;\n(v) the student is transferred, expelled or excluded from the\nschool under chapter 2A (Suspension, transfer, expulsion\nand exclusion of students);\n(c) a student starts or stops distance education.\n(3) The director-general must record the information prescribed by\nregulation in the student movement register for each of the following\nevents (also a student movement event):\n(a) a student is registered for home education, having been\npreviously—\n(i) enrolled at an education provider; or\n(ii) registered for home education under a corresponding law;\n(b) the registration of a student for home education ends;\n(c) a student starts or stops distance education;\n(d) information about a student movement event is given to the\ndirector-general under section 10AC (2) (Student movement\nregister—parental notice).\n(4) Information to be recorded for a student movement event under this\nsection must be recorded within 5 days after the event happens.\ncorresponding law means a law of another State under which\nchildren are registered for home education.\n\n10AB Student movement register—procedures\n(1) The director-general must—\n(a) establish procedures for recording information in the student\nmovement register; and\n(b) tell principals of schools in the ACT about the procedures.\n(2) A principal of a school who is recording information in the student\nmovement register under section 10AA must comply with the\nprocedures established under subsection (1).\n10AC Student movement register—parental notice\n(a) a child is of compulsory education age; and\n(b) the child is enrolled at an education provider or registered for\nhome education; and\n(c) the child’s enrolment or registration ends.\n(2) The child’s parents must, within 28 days after the day the child’s\nenrolment or registration ends, give the information prescribed by\nregulation to the director-general in writing.\nNote The director-general must comply with any guidelines about the exercise\nof the director-general’s functions under s (3) (see s 9D).\n\nParticipation requirement Division 2.2.2\n","sortOrder":15},{"sectionNumber":"10B","sectionType":"section","heading":"Meaning of participates in education course—div 2.2.2","content":"10B Meaning of participates in education course—div 2.2.2\nFor this division, a child participates in an education course if the\nchild complies with—\n(a) the provider’s requirements about physically attending, at\nparticular times, the provider’s premises or another place; or\n(b) for an education course that is completed by distance education\n(however described)—the provider’s requirements for distance\nExamples—par (b)\n1 complete and return the assigned work for the course\n2 communicate with or contact the provider for the purpose of\nparticipating in the course\n3 attend the provider for 1 week twice a year\n","sortOrder":16},{"sectionNumber":"10C","sectionType":"section","heading":"Meaning of full-time participation in education course—","content":"10C Meaning of full-time participation in education course—\ndiv 2.2.2\n(1) For this division, full-time participation in an education course\nmeans participation in the course—\n(a) at a level that is full-time under the requirements of the course;\nor\n(b) for at least 25 hours each week.\n(2) Also, for this division, full-time participation in an education course\nincludes—\n(a) part-time participation in 2 or more education courses to an\nextent that is at least equivalent to full-time participation in\n1 education course; and\n\n(b) participation in any combination of the following that is\nequivalent to full-time participation in 1 education course:\n(i) an education course;\n(ii) a training alternative;\n(iii) an employment alternative.\nNote A child needs the director-general’s approval to participate in a training\nor employment alternative (see pt 2.4 (After year 10—training and\nemployment alternatives)).\n","sortOrder":17},{"sectionNumber":"10D","sectionType":"section","heading":"Child of compulsory education age—participation","content":"10D Child of compulsory education age—participation\nrequirement\n(a) is of compulsory education age; and\n(b) is enrolled at an education provider other than a government or\nnon-government school for the purpose of the provider’s\neducation course.\n(2) The child’s parents must ensure that the child participates in the\neducation course.\n(3) Also, the child’s participation must be—\n(a) full-time participation (the full-time participation\nrequirement); or\n(b) if an exemption certificate is in force for the child for the\ncourse—participation in accordance with the certificate.\n(4) This section does not apply if the child’s parents have an excuse for\nof the director-general’s functions under s (4) (see s 9D).\n\nParticipation requirement Division 2.2.2\n","sortOrder":18},{"sectionNumber":"11","sectionType":"section","heading":"Participation requirement—absence","content":"11 Participation requirement—absence\nA child’s participation in an education course is taken for this Act to\ncontinue during an absence that is—\n(a) allowed under the requirements of the course or by the provider\nof the course; or\n(b) required under a territory law or a law of the Commonwealth, a\nState or another Territory.\nWill is absent from an education provider because a public health direction\nunder the Public Health Act 1997 requires that he be confined to home for\n2 weeks.\n","sortOrder":19},{"sectionNumber":"11A","sectionType":"section","heading":"Participation requirement—suspension","content":"11A Participation requirement—suspension\n(1) This section applies if a child participating in an education course\nstops attending the provider because the child has been suspended\nfrom attending the provider.\n(2) The child’s participation in the course is taken for this Act to continue\nduring the suspension period.\n","sortOrder":20},{"sectionNumber":"11B","sectionType":"section","heading":"Participation requirement—exclusion","content":"11B Participation requirement—exclusion\n(1) This section applies if a child participating in an education course\nstops attending the provider because the child has been excluded from\nattending the provider.\n(2) The child’s participation in the course is taken for this Act to\ncontinue—\n(a) at the same level as before the exclusion; and\n(b) for the time reasonably required for the child to resume\nparticipation in an education course or apply for approval to\nparticipate in a training or employment alternative under part 2.4\n(After year 10—training and employment alternatives).\n\n","sortOrder":21},{"sectionNumber":"11G","sectionType":"section","heading":"Meaning of full-time participation requirement—pt 2.3","content":"11G Meaning of full-time participation requirement—pt 2.3\nfull-time participation requirement—see section 10D (3).\n","sortOrder":22},{"sectionNumber":"11H","sectionType":"section","heading":"Exemption certificate—application","content":"11H Exemption certificate—application\n(1) A child or the child’s parents may apply to the director-general for a\ncertificate (an exemption certificate) exempting the child from—\n(a) the requirement to be enrolled at an education provider or\nregistered for home education; or\nNote See s 10 (Child of compulsory education age—enrolment and\nregistration requirement).\n(b) the full-time participation requirement.\nNote See s 10D (Child of compulsory education age—participation\nrequirement).\n(2) Application may be made for either or both of the following:\n(a) exempting the child until the child is 17 years old or for a shorter\nperiod;\n(b) exempting the child from the full-time participation\nrequirement.\n(3) An application made by a child must contain the signed consent of\nthe child’s parents.\n(4) However, subsection (3) does not apply if the director-general is\nsatisfied on reasonable grounds that it is not appropriate to require the\nsigned consent.\n\nExemption certificates Part 2.3\n","sortOrder":23},{"sectionNumber":"12","sectionType":"section","heading":"Exemption certificate—requirement for further","content":"12 Exemption certificate—requirement for further\ninformation\n(1) The director-general may give an applicant mentioned in section 11H\n(1) a written notice requiring the applicant to give the director-general\nstated further information or documents that the director-general\nreasonably needs to decide the application.\n(2) If the applicant does not comply with the requirement, the\ndirector-general may refuse to consider the application further.\n","sortOrder":24},{"sectionNumber":"12A","sectionType":"section","heading":"Exemption certificate—issue","content":"12A Exemption certificate—issue\n(1) The director-general may—\n(a) issue an exemption certificate for a child if the director-general\nis satisfied on reasonable grounds that it is in the child’s best\ninterests to issue the certificate; or\n(b) refuse to issue an exemption certificate for a child.\n(2) Without limiting subsection (1) (a), in deciding whether it is in a\nchild’s best interests to exempt the child, the director-general may\nconsider the following:\n(a) the child’s health;\n(b) the child’s education;\n(c) whether the exemption would benefit the child.\nFelicity’s education alternative finishes shortly before she turns 17. The\ndirector-general is satisfied that exempting Felicity from participating in\nanother education alternative until she turns 17 benefits her, because it means\nthat she is not compelled to participate in another education alternative for a\nshort time just to comply with the participation requirement.\n\n(3) An exemption certificate for a child may be issued for either or both\nof the following:\n(a) exempting the child until the child is 17 years old or for a shorter\nperiod;\n(b) exempting the child from the full-time participation\nrequirement.\n","sortOrder":25},{"sectionNumber":"12B","sectionType":"section","heading":"Exemption certificate—form","content":"12B Exemption certificate—form\nAn exemption certificate issued for a child must—\n(a) state the day it is issued; and\n(b) state the child’s name; and\n(c) state the period for which it is in force; and\n(d) for an exemption from the full-time participation requirement—\nstate the details of the exemption; and\n(e) state any condition to which it is subject; and\n(f) contain any other particulars prescribed by regulation.\n","sortOrder":26},{"sectionNumber":"12C","sectionType":"section","heading":"Exemption certificate—conditions","content":"12C Exemption certificate—conditions\nThe director-general may issue an exemption certificate subject to\nany condition that the director-general believes on reasonable\ngrounds is appropriate.\n","sortOrder":27},{"sectionNumber":"12D","sectionType":"section","heading":"Exemption certificate—duration","content":"12D Exemption certificate—duration\nAn exemption certificate may be issued for a child until—\n(a) the end of the period stated in the certificate; or\n(b) the ground for the issue of the certificate no longer applies in\nrelation to the child.\n\nExemption certificates Part 2.3\n","sortOrder":28},{"sectionNumber":"13","sectionType":"section","heading":"Exemption certificate—revocation","content":"13 Exemption certificate—revocation\nThe director-general may revoke an exemption certificate issued for\na child if—\n(a) the certificate is issued in error; or\n(b) the ground for the issue of the certificate no longer applies in\nrelation to the child; or\n(c) a condition of the certificate has been contravened.\n\n","sortOrder":29},{"sectionNumber":"Part 2","sectionType":"part","heading":"4 After year 10—training and","content":"Part 2.4 After year 10—training and\nemployment alternatives\n","sortOrder":30},{"sectionNumber":"13A","sectionType":"section","heading":"Meaning of training alternative and training alternative","content":"13A Meaning of training alternative and training alternative\nprovider—Act\n(1) For this Act, each training mentioned in table 13A, column 2 is\na training alternative, and the entity mentioned in column 3 for the\ntraining alternative is the provider (the training alternative provider)\nof the training alternative.\n(2) Also, the director-general may approve other training as a training\nalternative, and an entity as the provider (the training alternative\nprovider) of the training alternative.\n(3) An approval is a notifiable instrument.\nTable 13A\nitem\ntraining alternative\ntraining alternative provider\n1 work-related training\nunder the Training and\nTertiary Education\nAct 2003\nemployer with whom child has approved training\ncontract under the Training and Tertiary Education\nAct 2003 in relation to the work-related training\n2 work-related training\n(however described)\nunder a law of a State\nor another Territory\nprovider (however described) under a law of the State\nor other Territory\n\nDefinitions—pt 2.4 Division 2.4.1\n","sortOrder":31},{"sectionNumber":"13B","sectionType":"section","heading":"Meaning of employment alternative—Act","content":"13B Meaning of employment alternative—Act\nFor this Act, each of the following is an employment alternative:\n(a) performance of paid work under a contract of service (whether\nwritten or unwritten);\n(b) performance of paid work under a contract for services (whether\nwritten or unwritten).\nNote The Children and Young People Act 2008, ch 21 deals with the\nemployment of children and young people.\n","sortOrder":32},{"sectionNumber":"13C","sectionType":"section","heading":"Meaning of full-time participation in training or","content":"13C Meaning of full-time participation in training or\nemployment alternative—pt 2.4\n(1) For this part, full-time participation in a training or employment\nalternative means participation in the alternative—\n(a) at a level that is full-time under the requirements of the\nalternative; or\n(b) for at least 25 hours each week.\n(2) Also, for this part, full-time participation in a training or employment\nalternative includes—\n(a) part-time participation in 2 or more of a particular alternative to\nan extent that is at least equivalent to full-time participation in 1\nof the particular alternatives; and\n(b) participation in any combination of training and employment\nalternatives to an extent that is at least equivalent to full-time\nparticipation in 1 training or employment alternative.\nExample—s (2) (a)\npart-time participation in 2 or more training alternatives to an extent that is at least\nequivalent to full-time participation in 1 training alternative\nExample—s (2) (b)\npart-time participation in a training alternative and part-time participation in an\nemployment alternative for a combined total of at least 25 hours each week\n\nDivision 2.4.2 Approval to participate in training and employment alternatives\nDivision 2.4.2 Approval to participate in training and\nemployment alternatives\n13D Approval statement—application\n(1) A child or the child’s parents may apply to the director-general for a\nstatement (an approval statement) approving the child’s participation\nin a training or employment alternative during the child’s post-year\n10 period.\n(2) Application may be made for either or both of the following:\n(a) approving the child’s participation in a training or employment\nalternative for all or part of the child’s post-year 10 period;\n(b) approving that the child’s participation in a training or\nemployment alternative be other than full-time participation.\n(3) An application made by a child must contain the signed consent of\nthe child’s parents.\n(4) However, subsection (3) does not apply if the director-general is\nsatisfied on reasonable grounds that it is not appropriate to require the\nsigned consent.\n(5) For this section, a child’s post-year 10 period starts when the child\ncompletes year 10 and ends when the first of the following happens:\n(a) the child completes year 12;\n(b) the child is 17 years old.\n","sortOrder":33},{"sectionNumber":"14","sectionType":"section","heading":"Approval statement—requirement for further information","content":"14 Approval statement—requirement for further information\n(1) The director-general may give an applicant mentioned in\nsection 13D (1) a written notice requiring the applicant to give the\ndirector-general stated further information or documents that the\ndirector-general reasonably needs to decide the application.\n(2) If the applicant does not comply with the requirement, the\ndirector-general may refuse to consider the application further.\n\nApproval to participate in training and employment alternatives Division 2.4.2\n","sortOrder":34},{"sectionNumber":"14A","sectionType":"section","heading":"Approval statement—issue","content":"14A Approval statement—issue\n(1) The director-general may—\n(a) issue an approval statement for a child if the director-general is\nsatisfied on reasonable grounds that it is in the child’s best\ninterests to issue the statement; or\n(b) refuse to issue an approval statement for a child.\n(2) Without limiting subsection (1) (a), in deciding whether it is in a\nchild’s best interests to issue an approval statement for the child, the\ndirector-general may consider the following:\n(a) the child’s mental or physical health and wellbeing;\n(b) the child’s education;\n(c) whether the training or employment alternative for which the\nstatement is sought would benefit the child.\nThomas is 15 years old, has completed year 10 and wants to be a chef.\nThomas has been offered an apprenticeship with a chef. The director-general\ndecides that it is in Thomas’s best interests to issue an approval statement for\nhim, because it means that Thomas can pursue the career path that he wants\nto pursue.\n(3) An approval statement may be issued for a child for either or both of\nthe following:\n(a) approving the child’s participation in a training or employment\nalternative for all or part of the child’s post-year 10 period;\n(b) approving that the child’s participation in a training or\nemployment alternative be other than full-time participation.\npost-year 10 period—see section 13D (5).\n\n","sortOrder":35},{"sectionNumber":"Div 2","sectionType":"division","heading":"4.2 Approval to participate in training and employment alternatives","content":"Division 2.4.2 Approval to participate in training and employment alternatives\n","sortOrder":36},{"sectionNumber":"14B","sectionType":"section","heading":"Approval statement—form","content":"14B Approval statement—form\nAn approval statement issued for a child must—\n(a) state the day it is issued; and\n(b) state the child’s name; and\n(c) state the period for which it is in force; and\n(d) if the child’s approved participation in a training or employment\nalternative is other than full-time participation—state the\napproval and the extent to which the child is required to\nparticipate in the alternative; and\n(e) state any condition to which it is subject; and\n(f) contain any other particulars prescribed by regulation.\n","sortOrder":37},{"sectionNumber":"14C","sectionType":"section","heading":"Approval statement—conditions","content":"14C Approval statement—conditions\n(1) An approval statement issued for a child is subject to a condition\nthat—\n(a) the child’s participation is full-time participation unless\notherwise stated in the statement; or\n(b) if the statement contains a statement mentioned in\nsection 14B (d)—the child must comply with the stated\nparticipation requirement.\n(2) An approval statement that approves a child’s participation in a\ntraining alternative is also subject to each of the following conditions:\n(a) that the child is enrolled with the training alternative provider;\n(b) that the child complies with the training alternative provider’s\nattendance requirements.\n(3) The training alternative provider’s attendance requirements are the\nrequirements about physically attending, at particular times, the\nprovider’s premises or another place.\n\nApproval to participate in training and employment alternatives Division 2.4.2\n(4) The director-general may issue an approval statement subject to any\ncondition that the director-general believes on reasonable grounds is\nappropriate.\nExample—s (4)\nFarouk wants to participate part-time in an education course and part-time in an\nemployment alternative (he wants to work at least 10 hours each week). Under this\nAct, an approval statement is not required for an education course, but is for an\nemployment alternative. The director-general issues an approval statement for the\nemployment alternative that states that Farouk’s approved participation in that\nemployment is part-time, and that he must participate in that employment for at\nleast 10 hours each week. The director-general also puts a condition on the approval\nstatement that Farouk must participate in the education course for at least 15 hours\neach week.\n","sortOrder":38},{"sectionNumber":"14D","sectionType":"section","heading":"Approval statement—compliance requirement","content":"14D Approval statement—compliance requirement\n(1) This section applies if an approval statement is issued for a child.\n(2) The child’s parents must ensure that the child complies with the\nstatement, including any conditions of the statement.\nof the director-general’s functions under s (3) (see s 9D).\n","sortOrder":39},{"sectionNumber":"15","sectionType":"section","heading":"Approval statement—duration","content":"15 Approval statement—duration\nAn approval statement may be issued for a child until—\n(a) the end of the period stated in the statement; or\n(b) the ground for the issue of the statement no longer applies in\nrelation to the child.\n\nDivision 2.4.3 Training and employment alternatives—deemed participation\n","sortOrder":40},{"sectionNumber":"15A","sectionType":"section","heading":"Approval statement—revocation","content":"15A Approval statement—revocation\nThe director-general may revoke an approval statement issued for a\nchild if—\n(a) the statement is issued in error; or\n(b) the ground for the issue of the statement no longer applies in\nrelation to the child; or\n(c) a condition of the statement has been contravened.\n","sortOrder":41},{"sectionNumber":"15B","sectionType":"section","heading":"Return to education while approval statement in force","content":"15B Return to education while approval statement in force\n(a) an approval statement is in force for a child; and\n(b) the child is enrolled at an education provider for the purpose of\nthe provider’s education course.\n(2) The child’s parents must tell the director-general in writing about the\nenrolment.\nDivision 2.4.3 Training and employment\nalternatives—deemed participation\n","sortOrder":42},{"sectionNumber":"15C","sectionType":"section","heading":"Training and employment alternatives—absence","content":"15C Training and employment alternatives—absence\nA child’s participation in a training or employment alternative is\ntaken for this Act to continue during an absence that is—\n(a) allowed under the requirements of the alternative; or\n(b) required under a territory law or a law of the Commonwealth, a\nState or another Territory.\nSarah is absent from a training alternative provider because a personal\nprotection order prohibits her from attending the provider.\n\nTraining and employment alternatives—deemed participation Division 2.4.3\n","sortOrder":43},{"sectionNumber":"15D","sectionType":"section","heading":"Training alternative—suspension","content":"15D Training alternative—suspension\n(1) This section applies if a child participating in a training alternative\nstops attending the training alternative provider because the child has\nbeen suspended from attending the provider.\n(2) The child’s participation in the alternative is taken for this Act to\ncontinue during the suspension period.\n","sortOrder":44},{"sectionNumber":"16","sectionType":"section","heading":"Training alternative—exclusion","content":"16 Training alternative—exclusion\n(1) This section applies if a child participating in a training alternative\nstops attending the training alternative provider because the child has\nbeen excluded from attending the provider.\n(2) The child’s participation in the training alternative is taken for this\nAct to continue—\n(a) at the same level as before the exclusion; and\n(b) for the time reasonably required for the child to—\n(i) enrol in an education course; or\n(ii) apply for approval to participate in another training\nalternative or an employment alternative.\n","sortOrder":45},{"sectionNumber":"16A","sectionType":"section","heading":"Employment alternative—termination","content":"16A Employment alternative—termination\n(1) This section applies if a child participating in an employment\nalternative stops working because the child’s employment has been\nended other than by the child.\n(2) The child’s participation in the employment alternative is taken for\nthis Act to continue—\n(a) at the same level as before the termination; and\n\nDivision 2.4.3 Training and employment alternatives—deemed participation\n(b) for the time reasonably required for the child to—\n(i) enrol in an education course; or\n(ii) apply for approval to participate in another employment\nalternative or a training alternative.\n\nInformation notices Part 2.4A\n16AA Giving information notice\n(1) The director‑general may give a notice to a child’s parents\n(an information notice) if the director‑general believes on reasonable\ngrounds that the parents have contravened, or are contravening, any\nof the following sections:\n(a) section 10 (Child of compulsory education age—enrolment and\nregistration requirement);\n(b) section 10A (Child of compulsory education age—school\nattendance requirement);\n(c) section 10D (Child of compulsory education age—participation\nrequirement);\n(d) section 14D (Approval statement—compliance requirement).\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(2) However, the director‑general may only give an information notice in\nrelation to a contravention of section 10 if the child lives in the ACT.\n16AB Contents of information notice\n(1) An information notice in relation to a child must—\n(a) state that it is an information notice under this Act; and\n(b) state the information sought; and\n(c) state what the child’s parents need to do to comply with the\nnotice; and\n(d) state the period for complying with the notice; and\n(e) contain a statement to the effect that failure to comply with the\nnotice is an offence.\n(2) The information notice may include any other information the\ndirector-general considers appropriate.\n\n16AC Extension of time for compliance with information notice\n(1) This section applies if a child’s parents have been given an\ninformation notice.\n(2) The director-general may, by written notice given to the child’s\nparents, extend the compliance period for the information notice on\nthe director-general’s own initiative or if asked by the parents.\n(3) However, the director-general may extend the compliance period\nonly if the period has not ended.\ncompliance period means the period stated in the information notice\nunder section 11D (1) (d), and includes the period as extended under\nthis section.\n16AD Revocation of information notice on compliance\nIf the director-general is satisfied on reasonable grounds that an\ninformation notice given to a child’s parents has been complied with,\nthe director-general must revoke the notice by written notice given to\nthe parents.\n\nCompliance notices Part 2.5\n","sortOrder":46},{"sectionNumber":"16B","sectionType":"section","heading":"Giving compliance notice","content":"16B Giving compliance notice\n(1) The director-general may give a notice (a compliance notice) to a\nchild’s parents if the director-general believes on reasonable grounds\nthat the parents have contravened or are contravening—\n(a) section 10 (Child of compulsory education age—enrolment and\nregistration requirement); or\n(b) section 10A (Child of compulsory education age—school\nattendance requirement); or\n(c) section 10AC (Student movement register—parental notice); or\n(d) section 10D (Child of compulsory education age—participation\nrequirement); or\n(e) section 14D (Approval statement—compliance requirement).\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(2) However, the director‑general may only give a compliance notice in\nrelation to a contravention of section 10 if the child lives in the ACT.\n","sortOrder":47},{"sectionNumber":"16C","sectionType":"section","heading":"Contents of compliance notice","content":"16C Contents of compliance notice\n(1) A compliance notice in relation to a child must—\n(a) state that it is a compliance notice under this Act; and\n(b) include a brief description of the contravention of this Act in\nrelation to which the notice is given; and\n(c) state what the child’s parents need to do to comply with the\nnotice; and\n(d) state the period for complying with the notice; and\n(e) contain a statement to the effect that failure to comply with the\nnotice is an offence.\n\n(2) The compliance notice may include any other information the\ndirector-general considers appropriate.\n","sortOrder":48},{"sectionNumber":"16D","sectionType":"section","heading":"Extension of time for compliance with compliance notice","content":"16D Extension of time for compliance with compliance notice\n(1) This section applies if a child’s parents have been given a compliance\nnotice.\n(2) The director-general may, by written notice given to the child’s\nparents, extend the compliance period for the compliance notice on\nthe director-general’s own initiative or if asked by the parents.\n(3) However, the director-general may extend the compliance period\nonly if the period has not ended.\ncompliance period means the period stated in the compliance notice\nunder section 16C (1) (d), and includes the period as extended under\nthis section.\n","sortOrder":49},{"sectionNumber":"17","sectionType":"section","heading":"Revocation of compliance notice on compliance","content":"17 Revocation of compliance notice on compliance\nIf the director-general is satisfied on reasonable grounds that a\ncompliance notice given to a child’s parents has been complied with,\nthe director-general must revoke the notice by written notice given to\nthe parents.\n\nOffences—parents Part 2.6\nPart 2.6 Offences—parents\n","sortOrder":50},{"sectionNumber":"17A","sectionType":"section","heading":"Contravention of information and compliance notices","content":"17A Contravention of information and compliance notices\n(1) A child’s parents commit an offence if—\n(a) an information notice is given to the parents; and\n(b) the parents fail to comply with the notice.\nMaximum penalty: 5 penalty units.\n(2) A child’s parents commit an offence if—\n(a) a compliance notice is given to the parents; and\n(b) the parents fail to comply with the notice.\n(3) An offence against this section is a strict liability offence.\n(4) This section does not apply if the child’s parents have a reasonable\nexcuse for failing to comply with the notice.\n(5) Without limiting subsection (4), it is a reasonable excuse for a parent\nof the child (the stated parent) that—\n(a) the child lives with another parent and the stated parent believes\non reasonable grounds that the other parent is complying with\nthe notice; or\n(b) the stated parent is not reasonably able to control the child’s\nbehaviour to the extent necessary to comply with the notice.\n\n","sortOrder":51},{"sectionNumber":"Part 2A","sectionType":"part","heading":"1 Suspension, transfer, expulsion and exclusion—generally","content":"Part 2A.1 Suspension, transfer, expulsion and exclusion—generally\nChapter 2A Suspension, transfer,\nexpulsion and exclusion of\nstudents\nPart 2A.1 Suspension, transfer, expulsion\nand exclusion—generally\n","sortOrder":52},{"sectionNumber":"17B","sectionType":"section","heading":"Meaning of unsafe or noncompliant behaviour—ch 2A","content":"17B Meaning of unsafe or noncompliant behaviour—ch 2A\n(1) For this chapter, the behaviour of a student at a school is unsafe or\nnoncompliant if the behaviour reduces the safety or effectiveness of\nthe learning environment at the school because it—\n(a) is persistently or disruptively noncompliant; or\n(b) poses an unacceptable risk to the safety or wellbeing of—\n(i) another student at the school; or\n(ii) a member of staff of the school; or\n(iii) someone else involved in the school’s operation.\n(2) To remove any doubt, a student’s behaviour may be unsafe or\nnoncompliant even if the behaviour does not happen on school\npremises or during school hours.\nusing social media outside school hours to encourage violence against a student at\nschool the next day\n\nSuspension, transfer, expulsion and exclusion—generally Part 2A.1\n","sortOrder":53},{"sectionNumber":"17C","sectionType":"section","heading":"Definitions—ch 2A","content":"17C Definitions—ch 2A\ndecision-maker, for a school, means—\n(a) for a government school—the director-general; and\n(b) for a Catholic system school—the director of Catholic\n(c) for an independent school—the principal of the school.\ndelegated principal, for a government school or Catholic system\nschool, means a principal to whom the decision-maker for the school\nhas delegated their powers under section 17O.\nexclude—\n(a) a student at a government school, means exclude the student\nfrom being enrolled at any government school under\nsection 17ZA; or\n(b) a student at a Catholic system school, means exclude the student\nfrom being enrolled at any Catholic system school under\nsection 17ZF.\nexpel, a student at a school, means expel the student from the school\nunder section 17U.\nreasonable alternative means an alternative that a person is\nreasonably able to take considering all relevant matters.\nsuspend, a student at a school, means suspend the student under\nsection 17H.\ntransfer, a student at a government school, means transfer the student\nfrom the school to another government school under section 17P.\n\nPart 2A.1 Suspension, transfer, expulsion and exclusion—generally\n","sortOrder":54},{"sectionNumber":"17D","sectionType":"section","heading":"Exhausting all reasonable alternatives","content":"17D Exhausting all reasonable alternatives\nIf a person is required to exhaust all reasonable alternatives before\nmaking a decision under this chapter in relation to a student at a\nschool, the person must—\n(a) before making a decision to transfer or expel a student—be\nsatisfied that suspending the student would not be effective or\nsuitable; and\n(b) be satisfied that no other reasonable alternative is likely to be\nsuitable or successful for managing the student’s unsafe or\nnoncompliant behaviour.\n","sortOrder":55},{"sectionNumber":"17E","sectionType":"section","heading":"Communicating with students and parents","content":"17E Communicating with students and parents\n(1) This section applies if a person is required to tell a student, or give\ntheir parents written notice, about a decision or proposed decision\nunder this chapter.\n(2) The person must apply natural justice and procedural fairness and, in\nparticular, must—\n(a) ensure the student and their parents are given sufficient\ninformation about the decision-making process, in a language\nand way that the student and their parents can understand, to\nallow the student and their parents to effectively take part in the\ndecision-making process and have their views heard; and\n(b) ensure the student has a parent, or someone else chosen by the\nstudent, present when taking part in the decision-making\nprocess.\n\nSuspension, transfer, expulsion and exclusion—generally Part 2A.1\n","sortOrder":56},{"sectionNumber":"17F","sectionType":"section","heading":"Notification not required in certain circumstances","content":"17F Notification not required in certain circumstances\n(1) This section applies if a person is required to give a written notice to\na parent of a student under this chapter.\n(2) The written notice need not be given if the person is satisfied that—\n(a) it would not be in the best interests of the student to give the\nnotice; or\na court order prevents contact between a student and their parent\n(b) it is not possible or reasonably practicable in the circumstances\nto give the notice.\ndespite reasonable efforts, contact details for a parent cannot be found\n(3) If the student is an adult, the written notice—\n(a) need not be given to a parent of the student; and\n(b) must be given to the student.\n\n","sortOrder":57},{"sectionNumber":"17G","sectionType":"section","heading":"Suspension to ensure safe and effective learning","content":"17G Suspension to ensure safe and effective learning\nenvironment\nA decision-maker for a school may suspend a student at the school\nonly for the purpose of ensuring a safe and effective learning\nenvironment at the school.\n","sortOrder":58},{"sectionNumber":"17H","sectionType":"section","heading":"Suspension","content":"17H Suspension\n(1) The decision-maker for a school may suspend a student at the school\nif satisfied—\nand\n(b) the school has exhausted all reasonable alternatives to\nsuspending the student; and\n(c) it is reasonable to suspend the student considering all the\nparents about the proposed suspension.\n(2) However, the decision-maker must not suspend a student unless—\n(a) for a government school or Catholic system school with a\ndelegated principal—the delegated principal has complied with\nthe requirements for involving the student and their parents in\nthe decision-making process under section 17L; or\ndelegated principal—the principal of the school recommends\nthe student be suspended; and\n\n(c) for an independent school—the decision-maker has complied\nwith the requirements for involving the student and their parents\nin the decision-making process under section 17L.\n(3) The decision-maker for a government school or Catholic system\nschool without a delegated principal may suspend the student as\nrecommended by the principal of the school under section 17K, or\nsubject to any change the decision-maker considers reasonable.\n","sortOrder":59},{"sectionNumber":"17I","sectionType":"section","heading":"Suspension—notice","content":"17I Suspension—notice\nIf the decision-maker for a school suspends a student, the\ndecision-maker must—\n(a) tell the student, and give their parents written notice (a\nsuspension notice), about the suspension, including—\n(i) the grounds for the suspension; and\n(ii) the length of the suspension; and\n(iii) how the school intends to support the student to continue\ntheir education during the suspension; and\ndelegated principal—tell the principal of the school about the\nsuspension, including any changes made to the principal’s\nrecommendation.\n","sortOrder":60},{"sectionNumber":"17J","sectionType":"section","heading":"Suspension—length","content":"17J Suspension—length\n(1) The suspension of a student is for the period, not longer than\n20 school days, the decision-maker considers necessary to ensure a\nsafe and effective learning environment at the school.\n(2) A suspension—\n(a) begins on the later of the following:\n(i) the day the decision-maker gives a suspension notice to the\nstudent’s parents;\n\n(ii) the day stated in the suspension notice; and\n(b) ends on the earlier of the following:\n(i) the end day stated in the suspension notice;\n(ii) 20 school days after the suspension begins.\n(3) A suspension must not start immediately after another suspension\nends.\n","sortOrder":61},{"sectionNumber":"17K","sectionType":"section","heading":"Suspension—government and Catholic system schools—","content":"17K Suspension—government and Catholic system schools—\nprincipal’s recommendation\n(1) This section applies to a student at a government school or a Catholic\nsystem school without a delegated principal.\n(2) The principal of the school may recommend to the decision-maker\nfor the school that the student be suspended.\n(3) However, the principal must not make a recommendation unless the\nsection 17L.\n(4) The principal’s recommendation must include the following\ninformation about the proposed suspension:\n(a) the grounds for the suspension, including details of—\nsuspending the student;\n(b) the length of the suspension;\n(c) how the school intends to support the student to continue their\neducation during the period of suspension;\n\n(d) the steps taken to involve the student and their parents in the\ndecision-making process under section 17L, and any views of\nthe student and their parents about the suspension.\n(5) The principal’s recommendation may include any other information\nthe principal considers would assist the decision-maker in deciding\nwhether to suspend the student.\n","sortOrder":62},{"sectionNumber":"17L","sectionType":"section","heading":"Suspension—involving student and parents","content":"17L Suspension—involving student and parents\n(a) for a government school or Catholic system school with a\ndelegated principal—the delegated principal proposes to\nsuspend a student at the school; or\ndelegated principal—the principal proposes to recommend the\nsuspension of a student under section 17K; or\n(c) the principal of an independent school proposes to suspend a\nstudent at the school.\n(2) Before taking the proposed action, the principal must take reasonable\nsteps to tell the student, and give their parents written notice, about\nthe proposed suspension, including—\n(a) the grounds for the suspension including details of—\nsuspending the student; and\n(b) the length of the suspension; and\n(c) how the school intends to support the student to continue their\neducation during the suspension; and\n\n(d) the decision-making process for the suspension, and how the\n(3) However, the principal may take the proposed action before giving\nthe parents written notice if—\n(a) the student’s unsafe or noncompliant behaviour presents an\nimmediate or imminent risk of harm to a person; and\nExamples—behaviour that presents an immediate or imminent risk of\nharm to a person\n• the student was physically violent to another student\n• the student threatened to be physically violent to a staff member\n(b) the principal tells the student and their parents, orally, about the\nproposed suspension, including—\n(i) the information mentioned in subsection (2) (a) to (d); and\n(ii) that the suspension starts immediately.\n(4) If the principal takes the proposed action under subsection (3), the\nprincipal must, as soon as possible, give the student’s parents written\nnotice about the suspension, including the information mentioned in\nsubsection (2) (a) to (d).\n(5) If a principal takes action under subsection (3) and a student is\nsuspended before any views of the student and their parents about the\nsuspension may be considered, the decision-maker may, after\nconsidering the views of the student and their parents, revise the\nsuspension in any way the decision-maker considers reasonable.\n(6) If the decision-maker revises a suspension under subsection (5), the\ndecision-maker must tell the student, and give the student’s parents a\nrevised suspension notice.\n\n","sortOrder":63},{"sectionNumber":"17M","sectionType":"section","heading":"Suspension—student’s education and counselling","content":"17M Suspension—student’s education and counselling\n(1) If a student at a school is suspended, the principal of the school must\nensure the student is given the materials and support needed to\ncontinue their education during the period of suspension.\n(2) If a student at a school is suspended for a total of 7 or more school\ndays in a school term (consecutively or otherwise), the principal of\nthe school must ensure that the student is given a reasonable\nopportunity to attend counselling.\n","sortOrder":64},{"sectionNumber":"17N","sectionType":"section","heading":"Suspension—review of student’s circumstances","content":"17N Suspension—review of student’s circumstances\n(1) If a student at a school is suspended, the principal of the school\n(a) review any reasonable adjustments in place for the student,\nincluding reviewing the way an adjustment is implemented; and\n(b) make any reasonable adjustments the principal considers would\nsupport the student, including changing the way an adjustment\nis implemented.\nadjustment—see the Disability Standards for Education 2005\n(Cwlth), section 3.3.\nreasonable, in relation to an adjustment—see the Disability\nStandards for Education 2005 (Cwlth), section 3.4.\n","sortOrder":65},{"sectionNumber":"17O","sectionType":"section","heading":"Suspension—government and Catholic system schools—","content":"17O Suspension—government and Catholic system schools—\ndelegation\nThe decision-maker for a government school or Catholic system\nschool may delegate their powers under this part in relation to\nsuspending a student at the school to—\n\n(b) if the school is a government school—a public servant in the\nEducation Directorate.\na Director of School Improvement\nNote For laws about delegations, see the Legislation Act, pt 19.4.\n\nTransfers between government schools Part 2A.3\nPart 2A.3 Transfers between government\n","sortOrder":66},{"sectionNumber":"17P","sectionType":"section","heading":"Transfer","content":"17P Transfer\n(1) The director-general may transfer a student at a government school\n(the transferring school) if satisfied—\nand\n(b) the transferring school has exhausted all reasonable alternatives\nto transferring the student; and\nstudent to remain at the school:\n(ii) another student;\n(iii) a member of staff of the school; and\n(d) it is reasonable to transfer the student considering all the\nparents about the proposed transfer.\n(2) However, the director-general must not transfer a student unless the\nprincipal of the school recommends the student be transferred.\n(3) The director-general may transfer the student as recommended by the\nprincipal, or subject to any change the director-general considers\nreasonable.\n(4) For subsection (1) (c) (i), the director-general may consider whether\nthe relationship between the student and the school has deteriorated\nto such an extent that remaining at the school is no longer in the\nstudent’s best interests.\n\n","sortOrder":67},{"sectionNumber":"17Q","sectionType":"section","heading":"Transfer—notice","content":"17Q Transfer—notice\nIf the director-general transfers a student, the director-general must—\ntransfer, including—\n(i) the grounds for the transfer; and\n(ii) the school to which the student is to be transferred; and\n(iii) the day the transfer takes effect; and\n(b) tell the recommending principal about the transfer, including\nany changes made to the principal’s recommendation; and\n(c) tell the principal of the school to which the student is being\ntransferred about the transfer, including—\n(i) the grounds for the transfer; and\n(ii) the school from which the student is being transferred; and\n(iii) the day the transfer takes effect.\n","sortOrder":68},{"sectionNumber":"17R","sectionType":"section","heading":"Transfer—principal’s recommendation","content":"17R Transfer—principal’s recommendation\n(1) The principal of a government school may recommend to the\ndirector-general that a student at the school be transferred from the\nsection 17S.\ninformation about the proposed transfer:\n(a) the grounds for the transfer including details of—\n\nTransfers between government schools Part 2A.3\ntransferring the student;\n(b) the school to which the student is to be transferred;\n(c) the day the transfer is to take effect;\n(d) the steps taken to involve the student and their parents in the\ndecision-making process under section 17S, and any views of\nthe student and their parents about the transfer.\nthe principal considers would assist the director-general in deciding\nwhether to transfer the student.\n","sortOrder":69},{"sectionNumber":"17S","sectionType":"section","heading":"Transfer—involving student and parents","content":"17S Transfer—involving student and parents\nBefore recommending the transfer of a student under section 17R, the\nprincipal of a government school must tell the student, and give their\nparents written notice, about the transfer, including—\n(a) the grounds for the proposed transfer including details of—\ntransferring the student; and\n(b) the school to which it is proposed the student be transferred; and\n(c) the day the proposed transfer is to take effect; and\n(d) the decision-making process for the proposed transfer, and how\nthe student and their parents may take part in the process and\nhave their views heard.\n\n","sortOrder":70},{"sectionNumber":"17T","sectionType":"section","heading":"Transfer—counselling","content":"17T Transfer—counselling\nIf a student at a government school is transferred, the principal of the\nschool must ensure the student is given a reasonable opportunity to\nattend counselling.\n\nExpulsion from Catholic system schools and independent schools Part 2A.4\nPart 2A.4 Expulsion from Catholic system\nschools and independent\n","sortOrder":71},{"sectionNumber":"17U","sectionType":"section","heading":"Expulsion","content":"17U Expulsion\n(1) The decision-maker for a Catholic system school or an independent\nschool may expel a student at the school if satisfied—\nand\n(b) the school has exhausted all reasonable alternatives to expelling\nthe student; and\nstudent to remain at the school:\n(ii) another student;\n(iii) a member of staff of the school; and\n(d) it is reasonable to expel the student considering all the\nparents about the proposed expulsion.\n(2) However, the decision-maker for a school may expel a student only\nif—\n(a) for a Catholic system school—the principal of the school\nrecommends the student be expelled; and\n(b) for an independent school—the decision-maker has complied\nwith the requirements for involving the student and their parents\nin the decision-making process under section 17X.\n\nPart 2A.4 Expulsion from Catholic system schools and independent schools\n(3) The decision-maker for a Catholic system school may expel the\nstudent as recommended by the principal, or subject to any change\nthe decision-maker considers reasonable.\n(4) For subsection (1) (c) (i), the decision-maker may consider whether\nthe relationship between the student and the school has deteriorated\nto such an extent that remaining at the school is no longer in the\nstudent’s best interests.\n","sortOrder":72},{"sectionNumber":"17V","sectionType":"section","heading":"Expulsion—notice","content":"17V Expulsion—notice\nIf the decision-maker for a Catholic system school or an independent\nschool expels a student, the decision-maker must—\nexpulsion, including—\n(i) the grounds for the expulsion; and\n(ii) the day the expulsion takes effect; and\n(b) for a Catholic system school—tell the principal about the\nexpulsion, including any changes made to the principal’s\nrecommendation.\n","sortOrder":73},{"sectionNumber":"17W","sectionType":"section","heading":"Expulsion—Catholic system schools—principal’s","content":"17W Expulsion—Catholic system schools—principal’s\n(1) This section applies in relation to a student at a Catholic system\n(2) The principal of the school may recommend to the decision-maker\nfor the school that the student be expelled.\n(3) However, the principal may make a recommendation only if the\nsection 17X.\n\nExpulsion from Catholic system schools and independent schools Part 2A.4\n(4) The principal’s recommendation must include the following\ninformation about the proposed expulsion:\n(a) the grounds for the expulsion, including details of—\nexpelling the student;\n(b) the day the expulsion is to take effect;\ndecision-making process under section 17X, and any views of\nthe student and their parents about the expulsion.\n(5) The principal’s recommendation may include any other information\nthe principal considers would assist the decision-maker in deciding\nwhether to expel the student.\n","sortOrder":74},{"sectionNumber":"17X","sectionType":"section","heading":"Expulsion—involving student and parents","content":"17X Expulsion—involving student and parents\n(a) the principal of a Catholic system school proposes to\nrecommend the expulsion of a student under section 17W; or\n(b) the principal of an independent school proposes to expel a\nstudent at the school.\n(2) Before taking the proposed action, the principal must tell the student,\nand give their parents written notice, about the following:\n(a) the grounds for the proposed expulsion including details of—\n\nPart 2A.4 Expulsion from Catholic system schools and independent schools\nexpelling the student; and\n(b) the day the proposed expulsion is to take effect;\n(c) the decision-making process for the proposed expulsion, and\nhow the student and their parents may take part in the process\nand have their views heard.\n","sortOrder":75},{"sectionNumber":"17Y","sectionType":"section","heading":"Expulsion—counselling","content":"17Y Expulsion—counselling\nIf a student at a Catholic system school or an independent school is\nexpelled, the principal of the school must ensure the student is given\na reasonable opportunity to attend counselling.\n\nExclusion—government schools Division 2A.5.1\nPart 2A.5 Excluding a student from a\nsystem of schools\n","sortOrder":76},{"sectionNumber":"17Z","sectionType":"section","heading":"Application—div 2A.5.1","content":"17Z Application—div 2A.5.1\nThis division applies in relation to a student if the student—\n(a) is enrolled at a government school; and\n(b) is not of compulsory education age.\n17ZA Exclusion—government schools\n(1) The director-general may exclude a student from enrolling at any\ngovernment school if satisfied—\nand\n(b) the school at which the student is enrolled has exhausted all\nreasonable alternatives to excluding the student; and\nstudent to be enrolled at any government school:\n(ii) another student at a government school;\n(iii) a member of staff of a government school; and\n(d) it is reasonable to exclude the student considering all the\nparents about the proposed exclusion.\n(2) However, the director-general must not exclude a student unless the\nprincipal of the school recommends the student be excluded.\n\n(3) The director-general may exclude the student as recommended by the\nprincipal, or subject to any change the director-general considers\nreasonable.\n(4) For subsection (1) (c) (i), the director-general may consider whether\nthe relationship between the student and the government school\nsystem has deteriorated to such an extent that the student’s enrolment\nat any government school is no longer in the student’s best interests.\n17ZB Exclusion—government schools—notice\nIf the director-general excludes a student from enrolling at any\ngovernment school, the director-general must—\nexclusion, including—\n(i) the grounds for the exclusion; and\n(ii) the day the exclusion takes effect; and\n(b) tell the recommending principal about the exclusion, including\nany changes made to the principal’s recommendation.\n17ZC Exclusion—government schools—principal’s\n(1) The principal of a government school may recommend to the\ndirector-general that a student at the school be excluded from\nenrolling at any government school.\nsection 17ZD.\n\nExclusion—government schools Division 2A.5.1\ninformation about the proposed exclusion:\n(a) the grounds for the proposed exclusion including details of—\nexcluding the student; and\n(iii) any previous action taken under this chapter against the\nstudent and the behaviour giving rise to the action;\ndecision-making process under section 17ZD, and any views of\nthe student and their parents about the exclusion.\nthe principal considers would assist the director-general in deciding\nwhether to exclude the student from enrolling at any government\n17ZD Exclusion—government schools—involving student and\nparents\nBefore recommending the exclusion of a student under section 17ZC,\nthe principal of the government school at which the student is enrolled\nmust tell the student, and give their parents written notice of the\nfollowing about the proposed exclusion:\n(a) the grounds for the exclusion, including details of—\n\nexcluding the student;\n(c) options available for the student to continue their education after\nthe exclusion;\n(d) the decision-making process for the exclusion, and how the\n17ZE Exclusion—government schools—ongoing education and\ncounselling\nIf a student at a government school is excluded from enrolling at any\ngovernment school, the principal of the school at which the student is\nenrolled must ensure the student is given—\n(a) a reasonable opportunity to attend counselling; and\n(b) information about options to continue their education after the\nexclusion.\nExamples—options for continuing education after exclusion\n1 enrolment at a non-government school\n2 distance education provided by another jurisdiction\n3 enrolment at a vocational education training organisation\n17ZF Exclusion—Catholic system schools\n(1) The director of Catholic education may exclude a student from\nenrolling at any Catholic system school if satisfied—\nand\n\nExclusion—Catholic system schools Division 2A.5.2\n(b) the school at which the student is enrolled has exhausted all\nreasonable alternatives to excluding the student; and\nstudent to be enrolled at any Catholic system school:\n(ii) another student at a Catholic school;\n(iii) a member of staff of a Catholic school; and\n(d) it is reasonable to exclude the student considering all the\nparents about the proposed exclusion.\n(2) However, the director must not exclude a student unless the principal\nof the school recommends the student be excluded.\n(3) The director may exclude the student as recommended by the\nprincipal, or subject to any change the director considers reasonable.\n(4) For subsection (1) (c) (i), the director may consider whether the\nrelationship between the student and the Catholic school system has\ndeteriorated to such an extent that the student’s enrolment at any\nCatholic system school is no longer in the student’s best interests.\n17ZG Exclusion—Catholic system schools—notice\nIf the director of Catholic education excludes a student from enrolling\nat any Catholic system school, the director must—\nexclusion, including—\n(i) the grounds for the exclusion; and\n(ii) the day the exclusion takes effect; and\n(b) tell the recommending principal about the exclusion, including\nany changes made to the principal’s recommendation.\n\n17ZH Exclusion—Catholic system schools—principal’s\n(1) The principal of a Catholic system school may recommend to the\ndirector of Catholic education that a student at the school be excluded\nfrom enrolling at any Catholic system school.\nsection 17ZI.\ninformation about the proposed exclusion:\n(a) the grounds for the exclusion including details of—\nexcluding the student; and\n(iii) any previous action taken under this chapter against the\nstudent, including the behaviour giving rise to the action;\ndecision-making process under section 17ZI, and any views of\nthe student and their parents about the exclusion.\nthe principal considers would assist the director in deciding whether\nto exclude the student from enrolling at any Catholic system school.\n\nExclusion—Catholic system schools Division 2A.5.2\n17ZI Exclusion—Catholic system schools—involving student\nand parents\nBefore recommending the exclusion of a student under section 17ZH,\nthe principal of a Catholic system school must tell the student, and\ngive their parents written notice, about the proposed exclusion,\nincluding—\n(a) the grounds for the exclusion, including details of—\nexcluding the student;\n(c) the decision-making process for the exclusion, and how the\n17ZJ Exclusion—Catholic system schools—counselling\nIf a student at a Catholic system school is excluded from enrolling at\nany Catholic system school, the principal of the school must ensure\nthe student is given a reasonable opportunity to attend counselling.\n\n18 Principles on which ch 3 based\nThe following are the principles on which this chapter is based:\n(a) the ACT government school system is based on the principles of\nequity, universality and nondiscrimination;\n(b) government schools are free and open to everyone;\n(c) government schools offer a broad and balanced secular\neducation to all students from preschool to year 12 by providing\naccess to a broad curriculum;\n(d) the government school system is committed to—\n(i) providing reasonable access to public education for all\nstudents in the ACT;\n(ii) maximising student educational achievements and\nopportunities; and\n(iii) developing emotional, physical and intellectual wellbeing\nof all students; and\n(iv) responsiveness to community needs; and\n(v) innovation, diversity and choice; and\n(vi) preparing students to be independent and effective local\nand global citizens; and\n(vii) teacher, student and parent participation in all aspects of\nschool education; and\n\nGeneral Part 3.1\n(viii) combining central policies and guidelines with school level\npolicies and decision-making; and\n(ix) making information available about, and being\naccountable for, the operation of government schools;\n(e) government school funding is provided to schools in recognition\nof the principles mentioned in paragraphs (a) to (d) and the\ndiversity of students’ needs.\n\n","sortOrder":77},{"sectionNumber":"Part 3","sectionType":"part","heading":"2 Establishment and operation of","content":"Part 3.2 Establishment and operation of\n","sortOrder":78},{"sectionNumber":"20","sectionType":"section","heading":"Establishing government schools etc","content":"20 Establishing government schools etc\n(1) The Minister may establish government schools.\n(2) The Minister may decide—\n(a) the kinds of government schools to be established; and\n(b) the levels of education to be provided by government schools.\n(3) The Minister may establish school-related educational institutions\nand services (school-related institutions).\nExample of school-related institution\nMurrumbidgee Education and Training Centre\n(4) The Minister may name, and change the name of, a government\nschool or school-related institution.\n(5) Before making a decision to close or amalgamate a government\nschool, the Minister must take the following steps:\n(a) tell the school community that the Minister is considering\nclosing or amalgamating the school and the reasons why;\n(b) obtain a report from the committee established under\nsection 20A to use in consultation with the school community\nunder paragraph (c) that—\n(i) comprehensively assesses the impacts of closing or\namalgamating the school on the school community; and\nNote For what impacts must be assessed, see s 20B.\n(ii) identifies alternatives to closing or amalgamating the\nschool;\n\n(c) consult with the school community for at least 6 months on the\neducational, economic, environmental and social impacts of,\nand identifying alternatives to, closing or amalgamating the\nschool;\nNote For how the Minister must undertake consultation, see s 20A.\n(d) give public notice of—\n(i) a proposal to close or amalgamate the school; and\n(ii) details of where a copy of the report mentioned in\nparagraph (b) can be obtained;\na website operated by the administrative unit responsible for this Act\nNote Public notice means notice on an ACT government website\nor in a daily newspaper circulating in the ACT (see\nLegislation Act, dict, pt 1).\n(e) give written notice of the matters mentioned in paragraph (d)\nto—\n(i) the parents and citizens association; and\n(ii) the chairperson of the school board; and\n(iii) the principal of the school.\n(6) Not less than 12 months after telling the school community that the\nMinister is considering closing or amalgamating the school, the\nMinister must—\n(a) give public notice of the final decision; and\nNote Public notice means notice on an ACT government website or in a\ndaily newspaper circulating in the ACT (see Legislation Act, dict,\npt 1).\n\n(b) give written notice of the decision to—\n(i) a parent of each student at the school; and\n(ii) each member of the school’s parents and citizens\nassociation; and\n(iii) each member of the school board; and\n(iv) the principal and each teacher at the school; and\n(c) explain to the school community the reasons for the final\ndecision and how the following have been taken into account in\nmaking the final decision:\n(i) the school community’s views;\n(ii) the relevant general principles of this Act under section 7;\n(iii) the principles on which chapter 3 is based under section 18.\n(7) The consultation must be done in a way that gives effect to the\nfollowing principles:\n(a) consultation should focus on access to, and the provision of,\nquality educational opportunities;\n(b) consultation should be open, equitable, respectful and\ntransparent;\n(c) consultation should lead to sustainable decisions by involving\neffective community engagement;\n(d) without limiting paragraph (c), consultation should ensure\nthat—\n(i) relevant information is provided in a timely, equitable and\naccessible way to enable maximum community\nparticipation in debate about the proposal; and\n(ii) opportunities are provided for feedback about the proposal,\nespecially from families and other people with significant\ninterest in the proposal;\n\n(e) consultation should include seeking the views of school boards\nthat are likely to be affected by the proposal.\n(8) The Minister must not close or amalgamate a government school\nbefore the later of—\n(a) 6 months after the final decision was made; and\n(b) the end of the school year in which the final decision was made.\n(9) In this section:\nschool community, in relation to a school that is proposed to be\nclosed or amalgamated, means the members of the community\naffected by closing or amalgamating the school, including students at\nthe school, students’ families, the school board, the principal and\nteachers at the school and the local community.\nExamples—local community\nresidents, local businesses\n","sortOrder":79},{"sectionNumber":"20A","sectionType":"section","heading":"Independent committee","content":"20A Independent committee\n(1) The Minister must establish an independent committee.\n(2) The functions of the committee are to—\n(a) prepare the report mentioned in section 20 (5) (b); and\n(b) undertake the consultation on behalf of the Minister under\nsection 20 (5) (c).\n(3) The committee must consist of 3 people selected after consultation\nwith the relevant Assembly committee.\nrelevant Assembly committee means a standing committee of the\nLegislative Assembly nominated, in writing, by the Speaker for\nsubsection (3).\n\n","sortOrder":80},{"sectionNumber":"20B","sectionType":"section","heading":"Impacts of closing or amalgamating government schools","content":"20B Impacts of closing or amalgamating government schools\n(1) An assessment under section 20 (5) (b) must include information\nabout the following educational, economic, environmental and social\nimpacts in relation to closing or amalgamating a government school:\n(a) the following educational impacts:\n(i) the range, quality and depth of education programs;\n(ii) the age and condition of school infrastructure, facilities and\nresources;\n(iii) teaching resources and workloads;\n(iv) social and learning environment for children;\n(v) extracurricular activities;\n(vi) parent participation in school;\n(vii) out-of-hours school programs;\n(viii) findings of research studies on school size;\n(ix) student literacy and numeracy outcomes;\n(x) other educational outcomes;\n(xi) student outcomes, especially those of parents who have a\nlow income, are Aboriginal or Torres Strait Islander people\nor from a non-English speaking background or with\ndisabilities;\n(xii) access to public education;\n(xiii) school enrolments;\n\n(b) the following economic impacts:\n(i) recurrent and capital savings and costs, including one-off\nsavings and costs, of closing or amalgamating the school\nfor the Territory, including—\n(A) staffing and resources; and\n(B) school bus transport; and\n(C) traffic and safety arrangements; and\n(D) building maintenance and security;\n(ii) financial impact on parents, including transport and travel\ntime;\n(iii) financial impact on local business including ongoing\nviability;\n(iv) a comparison of the cost, per student, to operate the school\nwith the cost, per student, to operate other ACT\ngovernment schools and average cost across all ACT\ngovernment schools;\n(c) the following environmental impacts:\n(i) traffic congestion;\n(ii) air pollution;\n(iii) greenhouse gas emissions;\n(iv) noise levels;\n(v) open green space adjacent to the school site;\n(d) the following social impacts:\n(i) demographic projections of parents with school-age\nchildren, including taking into account expected land\nreleases;\n\n(ii) implications for parents who have a low income, are\nAboriginal or Torres Strait Islander people or from a non-\nEnglish speaking background or of students with\ndisabilities;\n(iii) safety of children walking or cycling to school;\n(iv) neighbourhood community facilities;\n(v) access to recreational and leisure facilities;\n(vi) provision of government services;\n(vii) community support networks;\n(viii) local employment;\n(ix) heritage values of school buildings.\n(2) An assessment may include information about any other impacts in\nrelation to closing or amalgamating the school.\n","sortOrder":81},{"sectionNumber":"21","sectionType":"section","heading":"Operation of government schools","content":"21 Operation of government schools\n(1) The director-general is responsible to the Minister for the operation\nof government schools.\n(2) Government schools are to be publicly owned and operated by the\nTerritory itself.\n(3) If a government school provides residential boarding services for\nstudents enrolled at the school, it must meet the requirements\nprescribed by regulation for the provision of residential boarding\nservices.\n(4) The director-general must establish procedures that give priority to\nthe enrolment of children in their local government school.\n(5) The principal of a government school is responsible for—\n(a) educational leadership and management of the school; and\n(b) educational outcomes for students at the school; and\n\n(c) providing support to the school board in the carrying out of its\nfunctions; and\n(d) contributing to the development and implementation of\neducational policies and strategies.\n(6) The principal of a government school must make available to parents\nof students at the school, and to the staff and students of the school,\ninformation about the school’s educational programs and policies,\nand the school’s operation.\n(7) The director-general may establish procedures for the operation of\nschool-related institutions.\n(8) In this section:\nlocal government school, for a child, means—\n(a) the government school whose priority enrolment area includes\nthe child’s place of residence; or\n(b) if the child has more than 1 place of residence—each\ngovernment school whose priority enrolment area includes a\nplace of residence for the child.\n","sortOrder":82},{"sectionNumber":"21A","sectionType":"section","heading":"Priority enrolment areas","content":"21A Priority enrolment areas\n(1) The director-general may determine the area from which a\ngovernment school must accept the enrolment of any child living in\nthe area (a priority enrolment area).\n(2) The director-general must make the determination available to the\npublic.\nExample—available to the public\npublish the determination on a government website\n(3) In this section:\ngovernment school does not include a preschool program delivered\nat the school.\n\n","sortOrder":83},{"sectionNumber":"22","sectionType":"section","heading":"Investigation of complaints—government schools","content":"22 Investigation of complaints—government schools\n(1) The director-general must develop and implement a complaints\npolicy for government schools.\n(2) The director-general must, as soon as practicable, investigate any\ncomplaint about the administration, management and operation of\ngovernment schools that, in the director-general’s opinion, is not a\nfrivolous or vexatious complaint.\n","sortOrder":84},{"sectionNumber":"23","sectionType":"section","heading":"Review of government school system","content":"23 Review of government school system\nThe director-general must regularly review, and report to the Minister\non, the government school system as a whole.\n","sortOrder":85},{"sectionNumber":"24","sectionType":"section","heading":"Review of operation of government schools","content":"24 Review of operation of government schools\n(1) The director-general must ensure that—\n(a) the effectiveness of each government school is reviewed at least\nonce every 5 years; and\n(b) a report of the review is prepared.\n(2) The director-general must ensure that a review seeks the input of the\nlocal community served by the school.\n(3) A review must take into account the views of—\n(a) the parents of students at the school; and\n(b) the teachers at the school; and\n(c) the students at the school.\n(4) The director-general must make the report of a review of a school\navailable to—\n(a) the parents of students at the school; and\n(b) the staff of the school; and\n(c) the students at the school.\n\n","sortOrder":86},{"sectionNumber":"25","sectionType":"section","heading":"Reporting to parents—government schools","content":"25 Reporting to parents—government schools\n(1) The principal of a government school must set up procedures for\ngiving reports to the parents of a student enrolled at the school about\nthe student’s academic progress and social development at the school.\n(2) A report must be given to the student’s parents at least twice a year.\n","sortOrder":87},{"sectionNumber":"26","sectionType":"section","heading":"Education to be free","content":"26 Education to be free\n(1) Education in government schools is to be free and no fees are\nchargeable for it.\n(2) Subsection (1) does not apply—\n(a) in relation to tuition fees paid to a registered provider; or\n(b) to people who hold a temporary visa under the Migration\nAct 1958 (Cwlth), section 30 (2).\n(3) If a person to whom subsection (2) (b) applies is charged a fee, the\nperson may ask the Minister to waive the fee (a fee waiver).\n(4) The Minister must waive the fee—\n(a) if the Minister is satisfied the person has demonstrated financial\nhardship; or\n(b) if the Minister is satisfied the person’s circumstances justify the\nwaiver; or\n(c) for any other reason prescribed by regulation.\n(5) A fee must not be charged in relation to a child for whom a request\nfor a fee waiver is made, and the child must not be excluded from\nschool for nonpayment of a fee, while the request is being considered.\nNote It is unlawful for a public authority, including a Minister, to fail to give\nproper consideration to relevant human rights in making a decision (see\nHuman Rights Act 2004, s 40B).\n\n(6) In subsection (2):\nregistered provider—see the Education Services for Overseas\nStudents Act 2000 (Cwlth), section 5.\ntuition fees—see the Education Services for Overseas Students\nAct 2000 (Cwlth), section 7.\n","sortOrder":88},{"sectionNumber":"27","sectionType":"section","heading":"Voluntary financial contributions","content":"27 Voluntary financial contributions\n(1) The school board of a government school may ask the parents of a\nstudent enrolled at the school, or anyone else, to make a financial\ncontribution to the school.\n(2) The following principles apply in relation to financial contributions:\n(a) each contribution is to be voluntary;\n(b) a student at the school is not to be refused benefits or services\nbecause the student’s parents do not make a contribution;\n(c) a student is not to be approached or harassed for contributions;\n(d) any record of contributions is confidential.\n(3) If the school board asks the parents of a student enrolled at the school\nto make a financial contribution, the school board must tell the parents\nabout the principles that apply in relation to financial contributions.\n","sortOrder":89},{"sectionNumber":"28","sectionType":"section","heading":"Secular education","content":"28 Secular education\n(1) Education in government schools is to be non-sectarian, secular\n(2) Secular education in government schools may include the study of\ndifferent religions as distinct from education in a particular religion.\n\n","sortOrder":90},{"sectionNumber":"29","sectionType":"section","heading":"Religious education","content":"29 Religious education\n(1) If parents of children at a government school ask the principal for\ntheir children to receive religious education in a particular religion,\nthe principal must ensure that reasonable time is allowed for their\nchildren’s religious education in that religion.\n(2) The principal must ensure that the educational program continues for\nstudents at the school not attending religious education.\n(3) Religious education must be authorised by the religious body to\nwhich the person providing the instruction belongs.\n(4) Students attending a religious education class at a government school\nmust be separated from other students at the school while the class is\nheld.\nreligious education means education in a particular religion as\ndistinct from the study of different religions.\n","sortOrder":91},{"sectionNumber":"30","sectionType":"section","heading":"Curriculum","content":"30 Curriculum\n(1) The director-general must decide the curriculum requirements for\nstudents attending government schools (other than in years 11\nand 12).\n(2) For subsection (1), the requirements include the framework of the\ncurriculum and the principles on which the curriculum is based.\n","sortOrder":92},{"sectionNumber":"31","sectionType":"section","heading":"Approved educational courses for students at","content":"31 Approved educational courses for students at\n(1) The director-general may approve educational courses for a student\nenrolled at a government school that may be provided to the student\nat a place other than the school (an approved educational course\n(government)).\n(2) An approval may be subject to conditions.\n\n(3) However, the director-general may approve an educational course\nonly if satisfied that—\n(a) the standard of the course is appropriate; and\n(b) there are adequate facilities for conducting the course; and\n(c) the premises where the course is to be conducted comply with\nany relevant Territory laws about health and safety standards;\nand\n(d) each person carrying out a regulated activity for the provider of\nthe course complies with the requirements of the Working with\nVulnerable People (Background Checking) Act 2011.\n\nAttendance at government schools Part 3.3\nPart 3.3 Attendance at government\n","sortOrder":93},{"sectionNumber":"32","sectionType":"section","heading":"Keeping of register of enrolments and attendances for","content":"32 Keeping of register of enrolments and attendances for\napproved educational course (government), commits an offence if the\nprincipal or person fails to keep a register of enrolments and\nattendances.\n","sortOrder":94},{"sectionNumber":"33","sectionType":"section","heading":"Keeping records of enrolment and attendances for","content":"33 Keeping records of enrolment and attendances for\napproved educational course (government), must ensure that the\nfollowing information is entered in the register of enrolments and\nattendances:\n(a) the full name of each student enrolled at the school or course;\n(b) a record of the student’s compliance with required school or\ncourse attendance (including any activity of the school or\ncourse).\n(2) The principal of a government school, or the person giving an\n(a) the principal or person makes an entry in the register of\nenrolments and attendances; and\n\nPart 3.3 Attendance at government schools\n(b) the principal or person is reckless about whether the entry is\ncorrect.\n(3) An offence against subsection (1) is a strict liability offence.\n","sortOrder":95},{"sectionNumber":"34","sectionType":"section","heading":"Inspection of register of enrolment and attendances for","content":"34 Inspection of register of enrolment and attendances for\n(a) an authorised person (government) asks the principal or person\nto make the register of enrolments and attendances available to\nthe authorised person; and\n(b) the principal or person fails to make the register available as\nasked.\n(2) The principal of a government school, or the person giving an\n(a) the director-general or an authorised person (government) asks\nthe principal or the person to give the director-general or\nauthorised person stated information about enrolments or\nattendances of students at the school or course during a stated\nperiod or at a stated time; and\n(b) the principal or person fails to give the information in\naccordance with the request.\nMaximum penalty: 50 penalty units\n(3) An authorised person (government) may make copies of the register\nof enrolments and attendances or any part of the register.\n\nAttendance at government schools Part 3.3\n(4) The principal of a government school, or the person giving an\napproved educational course (government), must take reasonable\nsteps to assist an authorised person (government) in exercising\nfunctions under this section.\n","sortOrder":96},{"sectionNumber":"35","sectionType":"section","heading":"Procedures to encourage school attendance at","content":"35 Procedures to encourage school attendance at\n(1) The principal of a government school must set up procedures—\n(a) to encourage students to attend school regularly; and\n(b) to help parents to encourage their children to attend school\nregularly.\n(2) The procedures must—\n(a) state that school attendance is compulsory; and\n(b) state the benefits of a student’s regular school attendance; and\n(c) include steps that may be taken to support a student’s\nattendance.\nreferring a student to a support service\n\nPart 3.4 School boards of government\n37 Definitions for pt 3.4\nhalf-year means a period of 6 months ending on 30 June or\n31 December.\nmoney, of a school, means money allocated to the school by the\ndirector-general or otherwise received by the school.\nExamples of money otherwise received\nvoluntary financial contributions, other donations and sponsorships\nparents and citizens association, of a school, means\n(a) the entity declared under section 40 (Declaration of parents and\ncitizens associations in certain circumstances) to be the parents\nand citizens association of the school; or\n(b) if there is no declaration under that section for the school—the\nparents and citizens association incorporated under the\nAssociations Incorporation Act 1991 or the Associations\nIncorporation Act 1953 (repealed) in relation to the school.\nprescribed period, for a term of office of a member of a school board\n(other than the principal), means the period—\n(a) beginning on whichever of the following is later:\n(i) 1 April in the year of the member’s election or\nappointment;\n(ii) the date of the member’s election or appointment; and\n(b) ending at the end of the March at least 12 months, and not more\nthan 24 months, after the beginning of the period.\n\nschool means a government school.\nsmall school means a school (other than a school-related institution)\nwhere fewer than 4 teachers are employed.\n","sortOrder":97},{"sectionNumber":"38","sectionType":"section","heading":"Establishment of school boards","content":"38 Establishment of school boards\nA school board is established for each government school.\n","sortOrder":98},{"sectionNumber":"39","sectionType":"section","heading":"Functions of school boards etc","content":"39 Functions of school boards etc\n(1) The functions of the school board of a government school are—\n(a) to establish strategic direction and priorities for the school; and\n(b) to monitor and review school performance and to report on it to\nthe director-general, parents of students at the school and staff;\nand\n(c) to develop, maintain and review curriculum for the school; and\n(d) to develop and review education policies at the school; and\n(e) to establish budgetary policies for the school and approve the\nschool budget; and\n(f) to establish policies for the efficient and effective use of school\nassets and the management of financial risk; and\n(g) to develop relationships between the school and the community\nand between the school and community organisations; and\n(h) to make recommendations to the director-general on issues\naffecting the school; and\n(i) to encourage parent participation in their children’s learning;\nand\n(j) to exercise any other function given to the board under this Act\nor any other Territory law.\n\n(2) The director-general may give written directions to the school board\nabout the exercise of its functions, either generally or in relation to a\nparticular issue.\n(3) The school board must give effect to the director-general’s directions.\n(4) The director-general is not required—\n(a) to accept, or act in accordance with, a recommendation of the\nschool board; or\n(b) to carry out a policy decided by the school board.\n","sortOrder":99},{"sectionNumber":"40","sectionType":"section","heading":"Declaration of parents and citizens associations in","content":"40 Declaration of parents and citizens associations in\ncertain circumstances\n(1) If there is a dispute about the entity that should be the parents and\ncitizens association of a government school, the director-general must\ncall a meeting of parents of students at the school and interested\nmembers of the community to discuss the entity to be the\nrepresentative of the parents and community.\n(2) If, in the director-general’s opinion, it is appropriate in the\ncircumstances to do so, the director-general may call a meeting of\nparents of students at a government school and interested members of\nthe community to discuss the entity to be the representative of the\nparents and community.\n(3) The director-general may, after considering the outcome of a meeting\nunder subsection (1) or (2) in relation to a government school,\nrecommend to the Minister the entity to be the representative of the\nparents and community.\n(4) After receiving a recommendation under subsection (3), the Minister\nmay declare an entity to be the parents and citizens association of a\ngovernment school.\n(5) A declaration under subsection (4) is a notifiable instrument.\n\n","sortOrder":100},{"sectionNumber":"41","sectionType":"section","heading":"Composition of school boards generally","content":"41 Composition of school boards generally\n(1) This section applies to a school board of a government school other\nthan—\n(a) a small school or a school-related institution; or\n(b) a school to which section 43 (Composition of school boards of\nschool-related institutions and other schools in special\ncircumstances) applies.\n(2) The school board of a government school consists of—\n(b) 1 member (the appointed member) appointed by the\ndirector-general as the appointed member; and\n(c) 2 members (the staff members) elected by staff of the school\nand appointed by the director-general; and\n(d) 3 members (the parents and citizens members) appointed by the\ndirector-general and made up as follows:\n(i) if the school has a parents and citizens association—\n(A) 1 member selected from the parents and citizens\nassociation of the school; and\n(B) 2 members selected from the parents of students at the\nschool or from members of the local community;\n(ii) if the school does not have a parents and citizens\nassociation—\n(A) 2 members selected from the parents of students at the\nschool and 1 member selected from the local\ncommunity, who is not also a parent of a student at\nthe school; or\n\n(B) if a member is unable to be selected from the local\ncommunity—3 members selected from the parents of\nstudents at the school; and\n(e) the members (the board appointed members) (if any) appointed\nby the board under subsection (6); and\n(f) for a school prescribed under the regulations—2 members\n(the student members) elected by the students at the school and\nappointed by the director-general.\n(3) A person is eligible to be elected or appointed as a staff member only\nif the person is employed as a member of the staff of the school.\n(4) A person is eligible to be elected or appointed a student member only\nif the person is a student at the school.\n(5) The appointed member, staff members, parents and citizens members\nand student members are appointed for the prescribed period.\n(6) The school board may appoint 1 or more people to be members of the\nboard for a term (not longer than 12 months) decided by the school\n(7) The school board must not make an appointment under subsection (6)\nif there would be more than 2 board appointed members at the same\ntime.\n","sortOrder":101},{"sectionNumber":"42","sectionType":"section","heading":"Composition of school boards of small schools","content":"42 Composition of school boards of small schools\n(1) This section applies to a school board of a small school other than a\nschool to which section 43 (Composition of school boards of school-\nrelated institutions and other schools in special circumstances)\napplies.\n\n(2) The school board of a small school consists of—\n(b) 1 member (the appointed member) appointed by the\ndirector-general as the appointed member; and\n(c) 1 member (the staff member) appointed by the director-general\nas the staff member; and\n(d) 3 members (the parents and citizens members) appointed by the\ndirector-general and made up as follows:\n(i) if the school has a parents and citizens association—\n(A) 1 member selected from the parents and citizens\nassociation of the school; and\n(B) 2 members selected from the parents of students at the\nschool or from members of the local community;\n(ii) if the school does not have a parents and citizens\nassociation—\n(A) 2 members selected from the parents of students at the\nschool and 1 member selected from the local\ncommunity, who is not also a parent of a student at\nthe school; or\n(B) if a member is unable to be selected from the local\ncommunity—3 members selected from the parents of\nstudents at the school; and\n(e) the members (the board appointed member) (if any) appointed\nby the board under subsection (6).\n\n(3) A person is eligible to be appointed as the staff member only if the\nperson is employed as a member of the staff of the school.\n(4) The staff member is to be appointed in a way prescribed under the\nregulations.\n(5) The appointed member, staff member and parents and citizens\nmembers are appointed for the prescribed period.\n(6) The school board may appoint 1 or more people to be members of the\nboard for a term (not longer than 12 months) decided by the school\n(7) The school board must not make an appointment under subsection (6)\nif there would be more than 2 board appointed members at the same\ntime.\n","sortOrder":102},{"sectionNumber":"43","sectionType":"section","heading":"Composition of school boards of school-related","content":"43 Composition of school boards of school-related\ninstitutions and other schools in special circumstances\n(1) This section applies to a school that is—\n(a) a school-related institution; or\n(b) declared, in writing, by the director-general to be a school to\nwhich special circumstances apply.\n(2) If the school is a school-related institution, the director-general must,\nif practical, determine the composition of the school board of the\nIt may not be practical to establish a school board for a school-related institution\nwith fewer than 3 staff.\n(3) Subsection (2) does not prevent the director-general from\ndetermining the composition of a single school board for 2 or more\ninstitutions.\n\n(4) If the director-general makes a determination under subsection (2) for\nthe school, the director-general may also determine—\n(a) the members who are required to be present at a meeting of the\nboard; and\n(b) the members who may not vote at a meeting of the board.\n(5) If the school is a school to which special circumstances apply, the\ndirector-general may determine the following:\n(a) the composition of the school board of the school;\n(b) the members who are required to be present at a meeting of the\nboard;\n(c) the members who may not vote at a meeting of the board.\n(6) The director-general may make a determination under subsection (2),\n(4) or (5) only with the Minister’s written approval.\n(7) Before making the determination the director-general must, if\npractical, consult with the parents of students at the school, at a\ngeneral meeting of the parents, about the composition of the board.\n(8) In deciding whether or not to give the approval, the Minister must\nhave regard to—\n(a) the need for the principal of the school to be a member of the\nboard; and\n(b) the need for the director-general to be represented on the board;\nand\n(c) whether staff of the school and students at the school have been\nconsulted about the composition of the board; and\n(d) any comments made by the staff and students at the school about\nthe composition of the board; and\n(e) the administrative needs, educational or related objectives, and\nany special characteristics of the school.\n\n(9) The director-general may appoint a person in accordance with the\ndetermination to be a member of the board of the school.\nNote 1 For the making of appointments (including acting appointments), see\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see s 207).\n(10) A member of the board is appointed for the term stated in the\ninstrument making or evidencing the appointment.\n(11) A determination under subsection (2), (4) or (5) is a disallowable\ninstrument.\n","sortOrder":103},{"sectionNumber":"44","sectionType":"section","heading":"Ending of appointment of members of school board","content":"44 Ending of appointment of members of school board\n(1) The director-general must end the appointment of a member of the\nschool board of a government school if the member ceases to be\neligible to be appointed or elected to the position.\n(2) The director-general must end the appointment of a member of the\nschool board of a government school, other than the principal of the\nschool, if—\n(a) the member is absent from 3 consecutive meetings of the board\nwithout reasonable excuse or leave given by the board; or\n(b) contravenes section 49 (Disclosure of interests by members of\nschool boards) without reasonable excuse.\n(3) The director-general may end the appointment of a member of the\nschool board of a government school, other than the principal at the\nschool, for misbehaviour or physical or mental incapacity.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n\nProceedings of school boards Division 3.4.3\n","sortOrder":104},{"sectionNumber":"45","sectionType":"section","heading":"Chairperson and deputy chairperson of school boards","content":"45 Chairperson and deputy chairperson of school boards\n(1) The members of the school board of a government school must,\nwhenever necessary, elect—\n(a) a member to be chairperson; and\n(b) another member to be deputy chairperson.\n(2) The school board must tell the director-general of the election of a\nmember as chairperson or deputy chairperson.\n(3) The members of the school board must not appoint the principal of\nthe school or a member of staff of the school to be chairperson of the\n","sortOrder":105},{"sectionNumber":"46","sectionType":"section","heading":"School boards to take part in selection of school","content":"46 School boards to take part in selection of school\nprincipals\nThe members of the school board of a government school must,\nwhenever necessary, nominate a member of the board as a member\nof any selection panel established by the director-general to make\nrecommendations to the director-general about the appointment of the\nprincipal for the school.\n","sortOrder":106},{"sectionNumber":"47","sectionType":"section","heading":"Time and place of meetings of school boards","content":"47 Time and place of meetings of school boards\n(1) The school board of a government school meets at the times and\nplaces it decides.\n(2) However, the school board must meet at least 4 times a year.\n(3) The chairperson—\n(a) may at any time call a meeting of the school board; and\n(b) must call a meeting if asked by the Minister, the director-general\nor 3 members of the board.\n\n(4) If the chairperson is not available to call a meeting for any reason, the\ndeputy chairperson or the principal of the school may call a meeting\nof the school board.\n","sortOrder":107},{"sectionNumber":"48","sectionType":"section","heading":"Procedures governing proceedings of school boards","content":"48 Procedures governing proceedings of school boards\n(1) The chairperson of the school board of a government school presides\nat all meetings of the board at which the chairperson is present.\n(2) If the chairperson is absent, the deputy chairperson presides.\n(3) If the chairperson and deputy chairperson are both absent, the\nmember chosen by the members present presides.\n(4) Business may be carried out at a meeting of the school board only if\n3 or more members are present and—\n(a) for the school board of a school other than a school to which\napplies—at least 1 of the members present is a staff member and\nat least 1 of the members present is a parents and citizens\nassociation member; or\n(b) for the school board of a school to which section 43 applies—\nthe members (if any) who are required, under the determination\nunder section 43 (4) or (5) applying to the school, to be present\nat a meeting of the school board are present.\n(5) At a meeting of the school board each member (other than a non-\nvoting member) has a vote on each question to be decided.\n(6) A question is to be decided by a majority of the votes of the members\npresent and voting but, if the votes are equal, the member presiding\nhas a casting vote.\n(7) The school board may hold meetings, or allow members to take part\nin meetings, by telephone, closed-circuit television or another form\nof communication.\n\nProceedings of school boards Division 3.4.3\n(8) A member who takes part in a meeting under subsection (7) is taken\nto be present at the meeting.\n(9) A resolution of the school board is a valid resolution, even though it\nis not passed at a meeting of the board, if—\n(a) all members (other than the non-voting members) agree, in\nwriting, to the proposed resolution; and\n(b) notice of the resolution is given under procedures decided by the\nschool board.\n(10) The school board must keep minutes of its meetings.\n(11) The school board may conduct its proceedings (including its\nmeetings) as it otherwise considers appropriate.\n(12) In this section:\nnon-voting member means—\n(a) for the school board of a school other than a school to which\nsection 43 applies—a board appointed member; or\n(b) for the school board of a school to which section 43 applies—a\nmember who, under the determination under section 43 (4)\nor (5) applying to the school, may not vote at a meeting of the\nschool board.\n","sortOrder":108},{"sectionNumber":"49","sectionType":"section","heading":"Disclosure of interests by members of school boards","content":"49 Disclosure of interests by members of school boards\n(1) This section applies to a member of a school board if—\n(a) the member has a direct or indirect financial interest in an issue\nbeing considered, or about to be considered, by the board; and\n(b) the interest could conflict with the proper exercise of the\nmember’s functions in relation to the board’s consideration of\nthe issue.\n\n(2) As soon as practicable after the relevant facts come to the member’s\nknowledge, the member must disclose the nature of the interest to a\nmeeting of the school board.\n(3) The disclosure must be recorded in the school board’s minutes and,\nunless the board otherwise decides, the member (the first member)\nmust not—\n(a) be present when the board considers the issue; or\n(b) take part in a decision of the board on the issue.\n(4) Any other member who also has a direct or indirect financial interest\nin the issue must not—\n(a) be present when the school board is considering its decision\nunder subsection (3) in relation to the first member; or\n(b) take part in making the decision.\n(5) Within 14 days after the end of each financial year, the chairperson\nof the school board must give the director-general a statement of any\ndisclosure of interest made under this section in relation to the school\nboard during the financial year.\n","sortOrder":109},{"sectionNumber":"49A","sectionType":"section","heading":"Protection of members of school boards","content":"49A Protection of members of school boards\n(1) A person who is, or has been, a member of a school board of a\ngovernment school is not civilly liable for an act or omission done\nhonestly in the exercise of a function under this Act.\n(2) Any liability that would, apart from subsection (1), attach to a person\nattaches to the Territory.\n","sortOrder":110},{"sectionNumber":"50","sectionType":"section","heading":"School boards to approve budgets","content":"50 School boards to approve budgets\n(1) The school board of a government school must approve a budget for\neach year.\n\nFinancial matters Division 3.4.4\n(2) The school board must approve the budget before the date decided by\nthe director-general.\n(3) The budget may only be approved by the school board if it is in the\nform, and based on the accounting or other policies or practices, (if\nany) required by the director-general.\n(4) The director-general may ask the school board to approve a budget\nfor a part of a year.\n(5) The school board must comply with the request.\n(6) If the school board approves the budget, money of the school may be\nspent in accordance with the budget.\n","sortOrder":111},{"sectionNumber":"51","sectionType":"section","heading":"Application of money of school","content":"51 Application of money of school\nThe school board of a government school may approve the spending\nof money of the school only in payment or discharge of the costs of,\nor liabilities incurred by, the school.\n","sortOrder":112},{"sectionNumber":"52","sectionType":"section","heading":"School boards to approve financial statement and report","content":"52 School boards to approve financial statement and report\n(1) As soon as practicable after the end of each half-year (but not later\nthan the date decided by the director-general), the school board of a\ngovernment school must approve a financial statement for the half-\nyear, in a form approved by the director-general or as the\ndirector-general directs.\n(2) As soon as practicable after the end of each year (but not later than\nthe date decided by the director-general), the school board of a\ngovernment school must approve an annual report on the board’s\noperations during the year.\n(3) The annual report must include—\n(a) the financial statements approved under subsection (1) for each\nhalf-year; and\n\n(b) a statement of how voluntary contributions made to the school\nhave been or will be spent; and\n(c) if a school board is holding funds in reserve—a statement setting\nout the purposes for which the funds are being held and the\namount being held for each of those purposes.\n(4) The school board must give a copy of each report approved under this\nsection to the director-general.\n(5) The director-general may issue guidelines about what is, or is not,\nholding funds in reserve.\n","sortOrder":113},{"sectionNumber":"53","sectionType":"section","heading":"School boards to make available summaries of budget","content":"53 School boards to make available summaries of budget\nand annual report\n(1) Not later than 14 days after approving the budget for a year, the school\nboard of a government school must make a summary of the budget\navailable to parents of students at the school and to the staff and\nstudents of the school.\n(2) Not later than 14 days after approving the annual report for a year, the\nschool board of a government school must make a summary of the\nreport available to parents of students at the school and to the staff\nand students of the school.\n\nOther provisions Part 3.6\nAuthorised persons (government) Division 3.6.1\n","sortOrder":114},{"sectionNumber":"Div 3","sectionType":"division","heading":"6.1 Authorised persons (government)","content":"Division 3.6.1 Authorised persons (government)\n","sortOrder":115},{"sectionNumber":"67","sectionType":"section","heading":"Appointment of authorised persons (government)","content":"67 Appointment of authorised persons (government)\n(1) The director-general may appoint a person to be an authorised person\n(government) for this Act, other than chapter 4 (Non-government\nNote 3 A reference to an Act includes a reference to a provision of the Act, see\nthe Legislation Act, s 7 (3).\n(2) The regulations may prescribe a person to be an authorised person\n(government) for this Act, other than chapter 4.\n(3) A person may be appointed as an authorised person (government)\nunder subsection (1) only if—\n(a) the person is an Australian citizen or a permanent resident; and\n(b) the director-general is satisfied that the person is a suitable\nperson to be appointed, having regard in particular to—\n(i) whether the person has any criminal convictions; and\n(ii) the person’s employment record; and\n(c) the person has satisfactorily completed adequate training to\nexercise the powers of an authorised person (government)\nproposed to be given to the person.\n(4) To remove any doubt, a person may be both an authorised person\n(government) and an authorised person (non-government).\n\nDivision 3.6.2 Inspection powers for government schools\n","sortOrder":116},{"sectionNumber":"68","sectionType":"section","heading":"Identity cards for authorised persons (government)","content":"68 Identity cards for authorised persons (government)\n(1) The director-general must give an authorised person (government) an\nidentity card that states the person is an authorised person\n(government) for this Act, or stated provisions of this Act, and\nshows—\n(a) a recent photograph of the person; and\n(b) the name of the person; and\n(c) the date of issue of the card; and\n(d) an expiry date for the card; and\n(e) anything else prescribed under the regulations.\n(2) A person who ceases to be an authorised person (government) must\nreturn the person’s identity card to the director-general as soon as\npracticable, but within 21 days after the day the person ceases to be\nan authorised person.\nMaximum penalty: 1 penalty unit.\n(3) An offence against subsection (2) is a strict liability offence.\nDivision 3.6.2 Inspection powers for government\n","sortOrder":117},{"sectionNumber":"69","sectionType":"section","heading":"Power not to be exercised before identity card shown etc","content":"69 Power not to be exercised before identity card shown etc\n(1) An authorised person (government) may exercise a power under this\nchapter in relation to a person only if the authorised person first shows\nthe person the authorised person’s identity card.\n(2) An authorised person (government) may not remain in a government\nschool entered under this division if, when asked by the principal, the\nauthorised person does not show the authorised person’s identity\ncard.\n\nOther provisions Part 3.6\nInspection powers for government schools Division 3.6.2\n","sortOrder":118},{"sectionNumber":"70","sectionType":"section","heading":"Entry to government schools","content":"70 Entry to government schools\nAn authorised person (government) may enter a government school\nat any time.\n","sortOrder":119},{"sectionNumber":"71","sectionType":"section","heading":"Powers on entry","content":"71 Powers on entry\nAn authorised person (government) who enters a government school\nunder section 70 may inspect the school or anything in it (including\nthe register of enrolment and attendances).\n\nPart 4.1 Non-government schools—principles\nPart 4.1 Non-government schools—\nprinciples\n72 Principles—ch 4\nThis chapter is based on the following principles:\n(a) the non-government school sector consists of schools from a\nrange of different educational and religious philosophies;\n(b) the variety of schools in the sector reflects the diversity of the\ncommunity in the ACT and the preferences of parents for a\nparticular style of education for their children;\n(c) the non-government schools sector is committed to—\n(i) developing the spiritual, physical, emotional and\nintellectual welfare of its students; and\n(ii) innovation, diversity and choice; and\n(iii) maximising student outcomes; and\n(iv) teacher, parent and student participation in school\n(v) promoting the partnership between home and school; and\n(vi) preparing students for their full participation in all aspects\nof a democratic society.\n\nRegistrar of non-government schools Division 4.2.1\nPart 4.2 Non-government schools—\nadministration\nDivision 4.2.1 Registrar of non-government schools\n73 Registrar—appointment\nThe Minister must appoint a person as the Registrar of\nNon-Government Schools (the registrar).\n","sortOrder":120},{"sectionNumber":"74","sectionType":"section","heading":"Registrar—functions","content":"74 Registrar—functions\nThe registrar has the following functions:\n(a) to administer the registration of non-government schools and\nkeep the register of non-government schools;\n(b) to develop an annual registration review program, in\ncollaboration with the registration standards advisory board;\n(c) to carry out registration reviews of registered schools;\n(d) any other function given to the registrar under this Act or another\nterritory law.\n","sortOrder":121},{"sectionNumber":"Div 4","sectionType":"division","heading":"2.2 Registration standards advisory","content":"Division 4.2.2 Registration standards advisory\n","sortOrder":122},{"sectionNumber":"75","sectionType":"section","heading":"Registration standards advisory board—establishment","content":"75 Registration standards advisory board—establishment\nThe Registration Standards Advisory Board is established.\n\n","sortOrder":123},{"sectionNumber":"76","sectionType":"section","heading":"Registration standards advisory board—functions","content":"76 Registration standards advisory board—functions\nThe registration standards advisory board has the following\nfunctions:\n(a) to advise the Minister about whether applications to register\nnon-government schools meet the criteria for registration;\n(b) to assist the registrar in developing annual registration review\nprograms, including identifying registered schools for\nregistration reviews and areas of focus for registration reviews;\n(c) to advise the Minister on matters relating to the registration\nstandards, including matters arising from registration reviews;\n(d) to assist the registrar in advising the Minister about proposed\nregulatory action against registered schools;\n(e) to advise the Minister about potential improvements to the\nregistration standards;\n(f) any other function given to the board under this Act or another\nterritory law.\n","sortOrder":124},{"sectionNumber":"77","sectionType":"section","heading":"Registration standards advisory board—advice to","content":"77 Registration standards advisory board—advice to\nThe Minister may, at any time, direct the registration standards\nadvisory board to provide advice to the Minister about a matter\nrelating to the registration standards.\n","sortOrder":125},{"sectionNumber":"78","sectionType":"section","heading":"Registration standards advisory board—membership","content":"78 Registration standards advisory board—membership\n(1) The registration standards advisory board consists of the following\nmembers appointed by the Minister:\n(a) a chair;\n(b) at least 1 and not more than 3 members chosen by the Minister;\n(c) 1 member nominated by the director-general;\n\nRegistration standards advisory board Division 4.2.2\n(d) 1 member nominated by the Association of Independent Schools\nof the ACT;\n(e) 1 member nominated by Catholic Education, Archdiocese of\nCanberra and Goulburn.\n(2) The Minister may appoint a member only if—\n(a) satisfied that the person has qualifications, expertise and\nexperience relevant to the functions of the board; and\n(b) the person is registered under the Working with Vulnerable\nPeople (Background Checking) Act 2011 to engage in regulated\nactivities involving children; and\n(c) any other requirements prescribed by regulation are met.\n(3) Also, the Minister may appoint a person under subsection (1) (a)\nor (b) only if—\n(a) the Minister has consulted the following entities about the\nappointment:\n(i) the Association of Independent Schools of the ACT;\n(ii) Catholic Education, Archdiocese of Canberra and\nGoulburn; and\n(b) the person is not any of the following:\n(i) a public servant working in the directorate responsible for\nadministering this Act;\n(ii) an employee of a registered school;\n(iii) a member of the governing body of a registered school;\n(iv) a director of a corporation that is the proprietor of a\nregistered school;\n\n(v) a trustee of the Roman Catholic Church for the\nArchdiocese of Canberra and Goulburn;\n(vi) an employee of Catholic Education, Archdiocese of\nCanberra and Goulburn;\n(vii) an employee of the Association of Independent Schools of\nthe ACT.\n(4) A member’s conditions of appointment are the conditions stated in\nthe instrument of appointment.\n","sortOrder":126},{"sectionNumber":"79","sectionType":"section","heading":"Registration standards advisory board—term of","content":"79 Registration standards advisory board—term of\nappointment\nA member of the registration standards advisory board must be\nappointed for a term not longer than 3 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, def\nappoint).\n","sortOrder":127},{"sectionNumber":"80","sectionType":"section","heading":"Registration standards advisory board—ending","content":"80 Registration standards advisory board—ending\nappointment\nThe Minister may end the appointment of a member of the\nregistration standards advisory board—\n(a) for misconduct; or\n(b) if the member is convicted or found guilty, in the ACT, of an\noffence punishable by imprisonment for at least 1 year; or\nNote A conviction does not include a spent conviction or an\nextinguished conviction (see Spent Convictions Act 2000,\ns 16 (c) (i) and s 19H (1) (c) (i)).\n(c) if the member is convicted or found guilty, outside the ACT, of\nan offence that, if committed in the ACT, would be punishable\nby imprisonment for at least 1 year; or\n\nRegistration standards advisory board Division 4.2.2\n(d) if the member fails to comply with section 83 (Registration\nstandards advisory board—disclosure of interests) without\nreasonable excuse; or\n(e) if the member is absent from 2 consecutive meetings of the\nboard, other than on leave approved by the chair; or\n(f) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions.\n","sortOrder":128},{"sectionNumber":"81","sectionType":"section","heading":"Registration standards advisory board—facilities etc","content":"81 Registration standards advisory board—facilities etc\nThe director-general must provide administrative support and\nfacilities for the registration standards advisory board.\n","sortOrder":129},{"sectionNumber":"82","sectionType":"section","heading":"Registration standards advisory board—conduct of","content":"82 Registration standards advisory board—conduct of\nmeetings\n(1) Meetings of the registration standards advisory board are to be held\nwhen and where the board decides.\n(2) However, the board must meet at least 4 times each year.\n(3) The board may conduct its proceedings (including its meetings) as it\nconsiders appropriate.\n(4) Business may be conducted at a meeting of the board only if at least\n4 members are present.\n(5) The board must keep minutes of its meetings.\n","sortOrder":130},{"sectionNumber":"83","sectionType":"section","heading":"Registration standards advisory board—disclosure of","content":"83 Registration standards advisory board—disclosure of\ninterests\n(1) This section applies to a member of the registration standards\nadvisory board if—\n(a) the member has a direct or indirect interest in an issue being\nconsidered, or about to be considered, by the board; and\n\n(b) the interest could conflict with the proper exercise of the\nmember’s functions in relation to the board’s consideration of\nthe issue.\n(2) As soon as practicable after the relevant facts come to the member’s\nknowledge, the member must disclose the nature of the interest to a\nmeeting of the board.\n(3) The disclosure must be recorded in the board’s minutes and, unless\nthe board otherwise decides, the member must not—\n(a) be present when the board considers the issue; or\n(b) take part in a decision of the board on the issue.\n\nNon-government schools registration standards Division 4.3.1\nPart 4.3 Non-government schools—\nregistration\nDivision 4.3.1 Non-government schools registration\nstandards\n84 Non-government schools registration standards\nA regulation may prescribe standards for the registration of\nnon-government schools (the registration standards), including\nstandards about—\n(a) governance; and\n(b) educational courses and educational programs; and\n(c) safety and welfare of students; and\n(d) other requirements for operation.\nNote It is a condition of being registered that a non-government school must\ncomply with any registration standards and make and keep records about\ncomplying with the registration standards (see s 93).\n","sortOrder":131},{"sectionNumber":"85","sectionType":"section","heading":"Registration standards guidelines","content":"85 Registration standards guidelines\n(1) The registrar must make guidelines about how a registered school is\nto comply with the registration standards (the registration standards\nguidelines).\n(2) The registration standards guidelines must be developed in\nconsultation with—\n(a) the registration standards advisory board; and\n(b) Catholic Education, Archdiocese of Canberra and Goulburn;\nand\n(c) the Association of Independent Schools of the ACT; and\n\n(d) the proprietor of any registered school that is not either—\n(i) a Catholic system school; or\n(ii) a member of the Association of Independent Schools of the\nACT.\n(3) A registration standards guideline is a notifiable instrument.\n","sortOrder":132},{"sectionNumber":"86","sectionType":"section","heading":"In-principle approval—application","content":"86 In-principle approval—application\n(1) A person may apply for in-principle approval to register a\nnon-government school if the person is—\n(a) the proposed proprietor of the school; and\n(b) a corporation.\n(2) The application must be in writing and include—\n(a) the following information for each campus at which the person\nproposes to operate the school (a proposed campus):\n(i) the location of the campus;\n(ii) the day the school is to begin operating from the campus\n(the proposed starting day);\n(iii) the levels of education to be provided at the campus;\n(iv) the day each level of education is to start being provided at\nthe campus;\n(v) whether residential boarding services are to be provided at\nthe campus;\n(vi) whether the proprietor proposes to provide distance\neducation from the campus;\n\nIn-principle approval for registration Division 4.3.2\n(vii) if the proprietor proposes to provide distance education—\nthe day distance education is to start being provided from\nthe campus; and\n(b) evidence that there is, or is likely to be, demand in the\ncommunity for the proposed school; and\n(c) any information or documents prescribed by regulation.\n(3) A proposed starting day must be at least 2 years, but not more than\n4 years, after the day the application is made.\n(4) If the Minister receives an application, the registrar must give public\n(b) the information mentioned in subsection (2) (a);\n(c) how a person may make submissions about the application to\nthe Minister, including the day, at least 60 days after notice is\ngiven, by which a submission must be made.\n","sortOrder":133},{"sectionNumber":"87","sectionType":"section","heading":"In-principle approval—further information","content":"87 In-principle approval—further information\n(1) The Minister may, by written notice, require an applicant to give the\nMinister further information that the Minister reasonably needs to\ndecide the application within a stated time.\n","sortOrder":134},{"sectionNumber":"88","sectionType":"section","heading":"In-principle approval—decision on application","content":"88 In-principle approval—decision on application\n(1) The Minister may approve the application only if satisfied it is\nappropriate to issue the in-principle approval for registration of a\nnon-government school, having regard to—\n(a) the level of interest in the proposed school, including the\nprojected enrolments for the school; and\n(b) any submissions made under section 86 (4) (c).\n\n(2) The Minister must give the applicant—\n(a) notice in writing of the decision; and\n(b) if the Minister approves the application—an in-principle\napproval for registration of the non-government school.\n(3) The in-principle approval for registration of the non-government\nschool must include the following information for each proposed\ncampus:\n(a) the location of the campus;\n(b) the proposed starting day for the campus;\n(c) the levels of education to be provided at the campus;\n(d) the day each level of education is to start being provided at the\n(e) whether residential boarding services are to be provided at the\n(f) whether distance education will be provided from the campus;\n(g) if distance education will be provided from the campus—the day\ndistance education is to start being provided from the campus;\n(h) the day the in-principle approval expires.\n(4) If the Minister is not satisfied under subsection (1), the Minister\n(5) The Minister must give public notice of the decision.\n(6) An in-principle approval expires on the latest of the following:\n(a) 2 years after the day it is issued;\n(b) the latest proposed starting day for a campus of the school;\n(c) any later day stated in the in-principle approval.\n\nRegistration Division 4.3.3\n","sortOrder":135},{"sectionNumber":"89","sectionType":"section","heading":"Registration—application","content":"89 Registration—application\n(1) A person may apply to the Minister to register a non-government\nschool only if the person—\n(a) is a corporation; and\n(b) is the proposed proprietor of the non-government school; and\n(c) holds an in-principle approval to register the school.\n(a) be made at least 9 months before the proposed starting day for\n(c) set out any proposed change to the matters mentioned in\nsection 86 (2) (a) for which in-principle approval was given; and\n(d) include the name and contact details of each key individual for\nthe applicant;\n(e) include any information or documents prescribed by regulation.\n(3) Despite subsection (2) (a), the application may be made less than 9\nmonths before the proposed starting day with the written approval of\nthe Minister.\n(4) If the Minister receives an application, the registrar must give public\n(b) the information mentioned in subsection (2) (c).\n\n","sortOrder":136},{"sectionNumber":"90","sectionType":"section","heading":"Registration—further information","content":"90 Registration—further information\n(1) The Minister may, by written notice, require an applicant to give the\nMinister further information that the Minister reasonably needs to\ndecide the application, within a stated time.\n","sortOrder":137},{"sectionNumber":"91","sectionType":"section","heading":"Registration—referral to registration standards advisory","content":"91 Registration—referral to registration standards advisory\n(1) The Minister must refer an application for registration of a\nnon-government school to the registration standards advisory board.\n(a) consider the application; and\n(b) assess whether the proposed school would, if registered, comply\nwith the registration standards; and\n(c) if the application includes a proposal to provide distance\neducation from a campus—assess whether the proposed school\nhas a distance education policy.\n(3) The board may, by written notice, require an applicant to give the\nboard further information that the board reasonably needs to assess\nthe application, within a stated time.\n(4) The board must—\n(a) give the Minister a report of the board’s assessment; or\n(b) if the board is unable to make an assessment because the\napplicant has not complied with a notice under subsection (3)—\nnotify the Minister of that fact.\n(5) After the Minister receives the report, the registrar must give public\nnotice of the report.\n\nRegistration Division 4.3.3\n","sortOrder":138},{"sectionNumber":"92","sectionType":"section","heading":"Registration—decision on application","content":"92 Registration—decision on application\n(1) The Minister must approve an application for registration of a\nnon-government school if, after considering the board’s assessment\ngiven under section 91, the Minister is satisfied that the proposed\nschool would, if registered, comply with the registration standards.\n(2) If the Minister is not satisfied under subsection (1), or the board is\nunable to make an assessment, the Minister must—\n","sortOrder":139},{"sectionNumber":"93","sectionType":"section","heading":"Registration—conditions","content":"93 Registration—conditions\nA non-government school’s registration is subject to the following\nconditions (each of which is a registration condition):\n(a) the school must comply with any registration standards;\n(b) the school must make and keep records about complying with\nany registration standards;\n(c) if the school provides distance education—the school must have\na distance education policy;\n(d) the school must have a principal;\n(e) any condition imposed by the Minister under section 125A\n(Taking regulatory action);\n(f) any other condition prescribed by regulation;\n(g) any other condition the Minister considers appropriate.\n","sortOrder":140},{"sectionNumber":"94","sectionType":"section","heading":"Registration—duration","content":"94 Registration—duration\nRegistration of a school continues until the registration is cancelled\nor surrendered.\nNote Registration may be cancelled under s 125A.\n\n","sortOrder":141},{"sectionNumber":"95","sectionType":"section","heading":"Registration—register and registration certificate","content":"95 Registration—register and registration certificate\n(1) If the Minister approves an application to register a non-government\nschool, the registrar must—\n(a) enter the school in the register of non-government schools; and\nNote The registrar must record the information set out in s 106 (2).\n(b) give the proprietor of the school a registration certificate for the\n(2) A registration certificate for a school must include—\n(a) the name of the school; and\n(b) the proprietor of the school, including their ACN or ABN; and\n(c) for each campus at which the school is registered to operate\n(a registered campus)—\n(i) the location of the campus; and\n(ii) the levels of education to be provided at the campus; and\n(iii) whether residential boarding services are to be provided at\nthe campus; and\n(iv) whether distance education is to be provided from the\ncampus; and\n(d) the conditions on the registration; and\n(e) any other information prescribed by regulation.\n(3) The registration certificate may also include any other information\nthe registrar considers appropriate.\n\n","sortOrder":142},{"sectionNumber":"96","sectionType":"section","heading":"Proprietor must tell registrar about notifiable changes","content":"96 Proprietor must tell registrar about notifiable changes\n(1) This section applies if the proprietor of a registered school intends to\nmake any of the following changes to the operation of the school\n(a notifiable change):\n(a) stop operating at a registered campus;\n(b) stop providing a level of education at a registered campus;\n(c) stop providing residential boarding services at a registered\n(d) stop providing distance education from a registered campus;\n(e) restart operating at a previously registered campus within 2\nyears after stopping operating at the campus;\n(f) restart providing a level of education at a registered campus (or\npreviously registered campus) within 2 years after stopping\nproviding the level of education at the campus;\n(g) restart providing residential boarding services at a registered\ncampus (or previously registered campus) within 2 years after\nstopping providing residential boarding services at the campus.\n(h) restart providing distance education from a registered campus\nwithin 2 years after stopping providing distance education from\nthe campus.\n(2) However, this section does not apply if the change is an urgent\ntemporary change made in response to a natural disaster or other\nunforeseeable emergency.\nExample—urgent temporary change\na school building floods and the school moves an educational level to another\ncampus while the flood damage is repaired\nNote For requirements about an urgent temporary change see s 103.\n\n(3) The proprietor must give the registrar written notice of the change.\n(4) The notice must—\n(a) be given at least 6 months before the day the change to the\noperation of the school is proposed to begin (the proposed\nchange day); and\n(c) state the proposed change day; and\n(d) include any information or documents prescribed by regulation.\n(5) The proprietor must also tell the parents of each student at the school,\nin writing, about the change, at least 6 months before the change\nhappens.\n(6) If a proprietor tells the registrar about a notifiable change, the registrar\n(a) amend the register of non-government schools to reflect the\nnotifiable change; and\n(b) give the proprietor of the school a revised registration certificate\nreflecting the notifiable change.\n","sortOrder":143},{"sectionNumber":"97","sectionType":"section","heading":"Proprietor must apply for registrable changes","content":"97 Proprietor must apply for registrable changes\n(1) This section applies if the proprietor of a registered school intends to\nmake any of the following changes (a registrable change):\n(a) start operating the school at a new campus;\n(b) start providing a new level of education at a registered campus;\n(c) start providing residential boarding services at a registered\n(d) start providing distance education from a registered campus;\n(e) transfer the school’s registration to a new proprietor.\n\n(2) However, this section does not apply if the change is—\n(a) a notifiable change to the operation of the school; or\n(b) an urgent temporary change made in response to a natural\ndisaster or other unforeseeable emergency.\nNote For requirements about an urgent temporary change see s 103.\n(3) The proprietor must apply to the Minister for amendment of the\nschool’s registration.\n","sortOrder":144},{"sectionNumber":"98","sectionType":"section","heading":"Registration amendment—application","content":"98 Registration amendment—application\n(1) An application for amendment of a school’s registration must—\n(a) be made at least 9 months before the day the change is proposed\nto begin (the proposed change day); and\n(c) state the proposed change day; and\n(d) for an amendment to operate at a new campus, state—\n(i) the location of the new campus; and\n(ii) the levels of education the proprietor proposes the school\nto provide at the new campus; and\n(iii) whether the proprietor proposes the school provide\nresidential boarding services at the new campus; and\n(iv) whether the proprietor proposes to provide distance\neducation from the new campus; and\n(v) if not all proposed levels of education are to be provided at\nthe new campus on the proposed change day—the day the\nproprietor proposes to start providing each level of\neducation at the new campus; and\n\n(e) for an amendment to provide a new level of education at an\nalready registered campus, state—\n(i) the new level of education to be provided; and\n(ii) the registered campus where the new level of education is\nto be provided; and\n(f) for an amendment to provide new residential boarding services\nat an already registered campus—state the registered campus\nwhere the new residential boarding services are to be provided;\nand\n(g) for an amendment to provide distance education from an already\nregistered campus—state the registered campus from where the\ndistance education is to be provided; and\n(h) for an amendment to transfer the school’s registration to a new\nproprietor—\n(i) state—\n(A) the name of the proposed new proprietor; and\n(B) the name and contact details of each key individual\nfor the proposed new proprietor; and\n(ii) include evidence to show the proposed new proprietor\nknows about and understands the purpose of the\napplication; and\n(i) include any information or documents prescribed by regulation.\n(2) Despite subsection (1) (a), the application may be made less than 9\nmonths before the proposed change day with the written approval of\nthe Minister.\n(3) If the Minister receives an application, the registrar must give public\n\n(b) the information mentioned in subsection (1) (c) to (h);\n(c) how a person may make submissions about the application to\nthe Minister, including the day, at least 60 days after notice is\ngiven, by which a submission must be made.\n","sortOrder":145},{"sectionNumber":"99","sectionType":"section","heading":"Registration amendment—further information","content":"99 Registration amendment—further information\n(1) The Minister may, by written notice, require the applicant, or\nproposed new proprietor, to give the Minister further information\nwithin a stated time that the Minister reasonably needs to decide the\napplication.\n","sortOrder":146},{"sectionNumber":"100","sectionType":"section","heading":"Registration amendment—referral to registration","content":"100 Registration amendment—referral to registration\nstandards advisory board\n(1) The Minister must refer an application under section 97 to the\nregistration standards advisory board.\n(a) consider the application; and\n(b) assess whether the school as proposed to be changed or\ntransferred would, if registered, comply with the registration\nstandards; and\n(c) if the application includes a proposal to provide distance\neducation from a campus—assess whether the school has a\ndistance education policy.\n(3) The board may, by written notice, require an applicant or proposed\nnew proprietor to give the board further information that the board\nreasonably needs to assess the application, within a stated time.\n(4) The board must—\n(a) give the Minister a report of the board’s assessment; or\n\n(b) if the board is unable to make an assessment because the\napplicant or proposed new proprietor has not complied with a\nnotice under subsection (3)—notify the Minister of that fact.\n(5) After the Minister receives a report, the registrar must give public\nnotice of the report.\n","sortOrder":147},{"sectionNumber":"101","sectionType":"section","heading":"Registration amendment—decision on application","content":"101 Registration amendment—decision on application\n(1) The Minister must approve an application to amend a school’s\nregistration if the Minister is satisfied that—\n(a) after considering the board’s assessment given under\nsection 100, the school as proposed to be changed or transferred\nwould, if registered, comply with the registration standards; and\n(b) if the application includes a proposal to provide distance\neducation from a campus—the school has a distance education\npolicy; and\n(c) the proposed change is appropriate, having regard to—\n(i) the level of interest in the school as proposed to be\nchanged, including the projected enrolments for the school\nas proposed to be changed; and\n(ii) any submissions made under section 98 (3) (c).\n(2) If the Minister approves the application—\n(a) the Minister must tell the applicant, in writing, about the\ndecision; and\n(b) for an amendment to transfer the school’s registration to a new\nproprietor—tell the new proprietor, in writing, about the\ndecision; and\n(c) the registrar must—\n(i) amend the register of non-government schools to reflect\nthe registrable change; and\n\n(ii) give a revised registration certificate reflecting the\nregistrable to—\n(A) if the school’s registration is to be transferred to a new\nproprietor—the new proprietor; or\n(B) in any other case—the proprietor of the school.\n(3) If the Minister is not satisfied under subsection (1), or the board is\nunable to make an assessment, the Minister must—\n","sortOrder":148},{"sectionNumber":"102","sectionType":"section","heading":"Registration amendment—conditions","content":"102 Registration amendment—conditions\n(1) If the Minister amends a school’s registration, the Minister may also\nimpose or amend a registration condition for the school in any way\nthe Minister considers appropriate.\n(2) However, the Minister must not amend a registration condition\nrequiring compliance with the registration standards.\n","sortOrder":149},{"sectionNumber":"103","sectionType":"section","heading":"Urgent temporary change","content":"103 Urgent temporary change\n(1) The proprietor of a registered school must, in writing—\n(a) tell the registrar within 5 days about any urgent temporary\nchange to the operation of the school made in response to a\nnatural disaster or other unforeseeable emergency; and\n(b) keep the registrar informed about progress returning to the\narrangements for which the school is registered; and\n(c) tell the registrar when the arrangements for which the school is\nregistered have been restored.\n(2) The registrar may at any time require the change to be treated as a\nnotifiable change.\n\n","sortOrder":150},{"sectionNumber":"104","sectionType":"section","heading":"Offence—operate unregistered non-government school","content":"104 Offence—operate unregistered non-government school\n(1) A person must not operate a non-government school unless the school\nis registered.\n","sortOrder":151},{"sectionNumber":"104A","sectionType":"section","heading":"Provide distance education without being registered","content":"104A Provide distance education without being registered\n(1) A person commits an offence if—\n(a) the person provides distance education to a child in the ACT;\nand\n(b) does not provide the distance education from the campus of a\nschool registered to provide distance education.\n","sortOrder":152},{"sectionNumber":"105","sectionType":"section","heading":"Offence—operate registered school other than within","content":"105 Offence—operate registered school other than within\nscope of registration\n(1) The proprietor of a registered school must not operate the school at a\ncampus unless the school is registered to operate at the campus.\n(2) The proprietor of a registered school must not provide a level of\neducation at a campus unless the school is registered to provide the\nlevel of education at the campus.\n\nRegister of non-government schools Division 4.3.6\n(3) The proprietor of a registered school must not provide residential\nboarding services at a campus unless the school is registered to\nprovide residential boarding services at the campus.\n(4) The proprietor of a registered school must not provide distance\neducation from a campus unless the school is registered to provide\ndistance education from the campus.\n","sortOrder":153},{"sectionNumber":"106","sectionType":"section","heading":"Register of registered non-government schools","content":"106 Register of registered non-government schools\n(1) The registrar must keep a register of registered schools.\n(2) The register must include the following information for each\nregistered school:\n(a) the name of the school;\n(b) the proprietor of the school, including their ACN or ABN;\n(c) the name and contact details of the principal of the school;\n(d) for each registered campus—\n(i) the location of the campus; and\n(ii) the levels of education provided at the campus; and\n(iii) whether residential boarding services are provided at the\ncampus; and\n(iv) whether distance education is provided from the campus;\n(e) the conditions on the registration;\n(f) details of any regulatory action taken against the proprietor of\nthe school in relation to the school;\n\n(g) if the registration is cancelled or surrendered—the date of\ncancellation or surrender;\n(h) any other information prescribed by regulation.\n(3) The information mentioned in subsection (2) must be made available\nto the public.\nExample—made available to the public\npublished on an ACT government website\n","sortOrder":154},{"sectionNumber":"107","sectionType":"section","heading":"Proprietor must update details","content":"107 Proprietor must update details\n(1) If any of the following information for a registered school changes,\nthe proprietor of the school must tell the registrar about the change,\nin writing, within 7 days after the change happens:\n(a) the name or contact details of the principal of the school;\n(b) the name or contact details of the chair of the school’s governing\nbody (if any).\n(2) If either of the following changes happen, the proprietor of a\nregistered school must tell the registrar about the change, in writing,\nwithin 28 days after the change happens:\n(a) a person becomes a key individual for the proprietor;\n(b) a person stops being a key individual for the proprietor.\n\nReasons to carry out registration review Division 4.4.1\nPart 4.4 Non-government schools—\nregistration reviews\nDivision 4.4.1 Reasons to carry out registration\nreview\n108 Meaning of registration review—ch 4\nregistration review, of a registered school—\n(a) means an assessment by the registrar of whether the school is\ncomplying with this Act; and\n(b) includes a review carried out in the following circumstances:\n(i) under an annual registration review program;\n(ii) after a concern is raised with the registrar about a registered\nschool’s compliance with this Act.\n","sortOrder":155},{"sectionNumber":"109","sectionType":"section","heading":"Annual registration review program","content":"109 Annual registration review program\n(1) The registrar must, before the end of each calendar year, prepare a\nprogram for registration reviews of registered schools that the\nregistrar intends to conduct in the next calendar year (an annual\nregistration review program).\n(2) In developing an annual registration review program, the registrar\nmust consult the registration standards advisory board, particularly in\nrelation to identifying—\n(a) the registered schools to be reviewed during the year; and\n(b) areas of focus for registration reviews during the year.\n\nDivision 4.4.1 Reasons to carry out registration review\n","sortOrder":156},{"sectionNumber":"110","sectionType":"section","heading":"Registration review after concern raised","content":"110 Registration review after concern raised\n(1) Anyone may raise a concern with the registrar about a registered\nschool’s compliance with this Act.\n(2) The registrar must take reasonable steps to consider each concern\nraised with the registrar.\n(3) The concern must be in writing and state—\n(a) the nature of the concern, including the provision of the Act that\nis the subject of the complaint (if known); and\n(b) the name and address of the person raising the concern.\n(4) However, the concern may be raised orally if the registrar is satisfied\nthat to do so is reasonable in all the circumstances.\n(5) If the concern is raised orally, the registrar must make a written record\nof the concern as soon as practicable after being told about the\n(6) The registrar may make arrangements for people with communication\nneeds to ensure they have adequate opportunity to raise a concern.\nNote A complaint may also be made to the human rights commission about\nservices for children and young people (see Human Rights Commission\nAct 2005, s 40A).\n","sortOrder":157},{"sectionNumber":"111","sectionType":"section","heading":"Registrar to report concerns to registration standards","content":"111 Registrar to report concerns to registration standards\nadvisory board\n(1) As soon as practicable after the end of each quarter the registrar must\ngive the registration standards advisory board a report about concerns\nraised under section 110.\n(2) The report must not, without the written consent of the person who\nraised the concern, include information that—\n(a) identifies the person as the person who raised the concern; or\n(b) would allow the identity of the person to be worked out.\n\nReasons to not carry out registration review Division 4.4.2\n(3) The report must comply with any requirements prescribed by\nregulation.\nDivision 4.4.2 Reasons to not carry out registration\nreview\n","sortOrder":158},{"sectionNumber":"112","sectionType":"section","heading":"Concern raised is frivolous etc","content":"112 Concern raised is frivolous etc\nThe registrar need not carry out a registration review following a\nconcern being raised if satisfied that the concern—\n(a) is frivolous, vexatious or was not made honestly; or\n(b) lacks substance; or\n(c) cannot be made under this Act; or\n(d) would be better dealt with by another entity; or\n(e) is otherwise not appropriate for the registrar to consider.\nExamples—concern not appropriate for the registrar to consider\n1 the matters in the concern are being dealt with by a court or tribunal\n2 the matters in the concern have already been dealt with by the registrar\n","sortOrder":159},{"sectionNumber":"113","sectionType":"section","heading":"Concern withdrawn","content":"113 Concern withdrawn\n(1) A person may withdraw a concern raised under section 110\n(Registration review after concern raised) at any time by written\nnotice to the registrar.\n(2) If the person has difficulty putting the notice in writing, the registrar\nmust give the person reasonable assistance to do so.\n(3) If the person withdraws the concern, the registrar need not, but may,\ntake further action on the concern.\n\nDivision 4.4.2 Reasons to not carry out registration review\n","sortOrder":160},{"sectionNumber":"114","sectionType":"section","heading":"Referral to school","content":"114 Referral to school\n(1) This section applies in relation to a registration review for a school\nother than a review carried out in accordance with an annual\nregistration review program.\n(2) The registrar must refer the concern to the school, to be dealt with by\nthe school under its complaints handling procedures.\n(3) However, the registrar need not refer the concern to the school if—\n(a) the matter has already been considered by the school; or\n(b) the registrar is satisfied that the nature or circumstances of the\nmatter are so serious or urgent that the matter should be\nconsidered by the registrar or another entity.\n(4) If the registration review was initiated by a person raising a concern,\nthe registrar must tell the person, in writing, about the referral.\n(5) If the registrar refers the concern to the school, the registrar may\nrequire the school to give the registrar a written report about—\n(a) how the school investigated the concern; and\n(b) the results of the school’s investigation; and\n(c) any action taken, or proposed to be taken, in relation to the\n","sortOrder":161},{"sectionNumber":"115","sectionType":"section","heading":"Referral to another entity","content":"115 Referral to another entity\n(1) This section applies in relation to a concern raised under section 110\n(Registration review after concern raised) if—\n(a) the registrar considers that the act, service or conduct to which\na concern relates is a matter that could—\n(i) have been complained about to another entity; and\n(ii) be dealt with more conveniently or effectively by the other\nentity; and\n\nCarrying out registration review Division 4.4.3\n(b) the registrar considers it would be appropriate for the concern to\nbe referred to the other entity; and\n(c) the registrar has consulted the other entity about the referral.\nExamples—other entities\n• the commissioner for fair trading\n• the human rights commission\n(2) The registrar may—\n(a) decide not to deal with, or further deal with, the concern; and\n(b) if paragraph (a) applies—must refer the concern, together with\nany relevant documents or information in its possession or\ncontrol, to the other entity.\n(3) The registrar must tell the person who raised the concern, in writing,\nabout the referral.\n(4) If the registrar refers the concern to another entity, the registrar may\nask the other entity to give the registrar a written report about—\n(a) the results of the entity’s investigation; and\n(b) any action taken, or proposed to be taken, in relation to the\n(5) The registrar may refer a matter to the chief police officer if the\nregistrar suspects on reasonable grounds that it relates to a criminal\noffence.\n","sortOrder":162},{"sectionNumber":"116","sectionType":"section","heading":"Registration review procedure","content":"116 Registration review procedure\nIn carrying out a registration review, the registrar must—\n(a) apply natural justice and procedural fairness; and\n(b) comply with the registration review guidelines.\n\n","sortOrder":163},{"sectionNumber":"117","sectionType":"section","heading":"Registration review guidelines","content":"117 Registration review guidelines\n(1) The registrar must make guidelines about how a registration review\nmay be carried out (the registration review guidelines).\n(2) The registration review guidelines must be developed in consultation\nwith—\n(a) the registration standards advisory board; and\n(b) Catholic Education, Archdiocese of Canberra and Goulburn;\nand\n(c) the Association of Independent Schools of the ACT; and\n(d) the proprietor of any registered school that is not either—\n(i) a Catholic system school; or\n(ii) a member of the Association of Independent Schools of the\nACT.\n(3) A registration review guideline is a notifiable instrument.\n","sortOrder":164},{"sectionNumber":"118","sectionType":"section","heading":"Request for further information or verification","content":"118 Request for further information or verification\n(1) This section applies to a registration review for a school initiated by\na person raising a concern with the registrar.\n(2) The registrar may, at any time, request the person to give the\nregistrar—\n(a) further information about the concern raised; or\n(b) a written statement verifying all or part of the concern.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(3) However, the verification statement may be made orally if the\nregistrar is satisfied that to do so is reasonable in all the\ncircumstances.\n\nCarrying out registration review Division 4.4.3\n(4) If the verification statement is made orally, the registrar must make a\nwritten record of the statement as soon as practicable after receiving\nthe statement.\n(5) If the registrar makes a request under this section, the registrar must\ngive the person a reasonable period to satisfy the request and may\nextend the period, whether before or after it ends.\n(6) If the person does not comply with the request, the registrar need not,\nbut may, take further action on the concern.\n","sortOrder":165},{"sectionNumber":"119","sectionType":"section","heading":"Registrar’s action on completing registration review","content":"119 Registrar’s action on completing registration review\n(1) If the registrar has completed a registration review of a registered\nschool, the registrar must—\n(a) if satisfied that the school has failed, is failing, or is at risk of\nfailing to comply with this Act—\n(i) give the proprietor of the school information about how the\nschool may comply with the Act; or\n(ii) give the proprietor of the school a compliance direction; or\n(iii) refer the matter to the registration standards advisory board\nto consider for regulatory action under section 123; or\n(b) if not satisfied that any action needs to be taken in relation to the\nschool—take no further action.\n(2) If the registration review was initiated by a person raising a concern\nabout the school’s compliance with this Act, the registrar must tell the\nperson, in writing, about—\n(a) the results of the review; and\n(b) any action taken, or proposed to be taken, in relation to the\n\n","sortOrder":166},{"sectionNumber":"120","sectionType":"section","heading":"Compliance directions","content":"120 Compliance directions\n(1) This section applies if the registrar is satisfied that a registered school\nis failing to comply with a provision of this Act.\n(2) The registrar may direct the proprietor of the school to take action to\nensure the school complies with this Act within a reasonable period\nof time (a compliance direction).\n(3) A compliance direction must be in writing and state—\n(a) the provision of the Act that is not being complied with; and\n(b) the action required; and\n(c) the period of time for compliance with the direction; and\n(d) that the Minister may take regulatory action against the\nproprietor of the school under division 4.4.5 if the proprietor\ndoes not comply with the Act.\n","sortOrder":167},{"sectionNumber":"121","sectionType":"section","heading":"Meaning of regulatory action—ch 4","content":"121 Meaning of regulatory action—ch 4\nregulatory action, against the proprietor of a registered school, means\n1 or more of the following actions:\n(a) imposing, or amending, a condition on the school’s registration;\n(b) cancelling the school’s registration;\n(c) cancelling the school’s registration and disqualifying the\nproprietor of the school from applying for registration of a\nschool for a stated period or until a stated thing happens.\n\nRegulatory action Division 4.4.5\n","sortOrder":168},{"sectionNumber":"122","sectionType":"section","heading":"Grounds for taking regulatory action","content":"122 Grounds for taking regulatory action\nThe Minister may take regulatory action against the proprietor of a\nregistered school only if satisfied on reasonable grounds that—\n(a) the school has contravened a condition of its registration; or\n(b) the proprietor or the school has failed to comply with a provision\nof this Act.\n","sortOrder":169},{"sectionNumber":"123","sectionType":"section","heading":"Registrar—referral to registration standards advisory","content":"123 Registrar—referral to registration standards advisory\n(1) If the registrar believes on reasonable grounds that regulatory action\nmay be taken against the proprietor of a registered school, the\nregistrar must—\n(a) refer the matter to the registration standards advisory board; and\n(b) give the board any relevant registration review report.\n(a) consider the matter; and\n(b) assess what regulatory action may be appropriate to take against\nthe proprietor; and\n(c) report the board’s assessment to the Minister.\n","sortOrder":170},{"sectionNumber":"124","sectionType":"section","heading":"Notification of proposed regulatory action","content":"124 Notification of proposed regulatory action\nIf, after considering the board’s report under section 123, the Minister\nproposes taking regulatory action against the proprietor of a\nregistered school, the Minister must give the proprietor a written\nnotice (a show cause notice) stating—\n(a) the grounds on which, under section 122, the Minister considers\nregulatory action may be taken; and\n(b) details of the proposed regulatory action; and\n\n(c) that the proprietor may, within 14 days after the day the\nproprietor is given the notice, give a written submission to the\nMinister about the proposed regulatory action.\n","sortOrder":171},{"sectionNumber":"125","sectionType":"section","heading":"Minister—referral to registration standards advisory","content":"125 Minister—referral to registration standards advisory\n(1) Before deciding whether to take regulatory action against the\nproprietor of a registered school, the Minister must—\n(a) refer the matter to the registration standards advisory board; and\n(b) give the board—\n(i) a copy of the show cause notice; and\n(ii) any written submission received by the Minister in\nresponse to the show cause notice.\n(2) The registration standards advisory board must—\n(a) consider the notice and any response; and\n(b) assess whether the proposed regulatory action should be taken\nagainst the proprietor; and\n(c) report the board’s assessment to the Minister.\n(3) In considering whether to take regulatory action against the\nproprietor, the Minister must have regard to the board’s report.\n","sortOrder":172},{"sectionNumber":"125A","sectionType":"section","heading":"Taking regulatory action","content":"125A Taking regulatory action\n(1) This section applies if the Minister, after complying with section 124\nand section 125, is satisfied on reasonable grounds that it is\nappropriate to take the regulatory action.\n(2) In deciding whether it is appropriate to take the regulatory action, the\nMinister must have regard to the likely impact of the proposed\nregulatory action on students at the registered school.\n\nRegulatory action Division 4.4.5\n(3) The Minister may—\n(a) if the proposed regulatory action is imposing or amending a\nregistration condition for the school—impose or amend the\ncondition; or\n(b) if the proposed regulatory action is cancelling the school’s\nregistration—take any of the following actions:\n(i) impose or amend a registration condition for the school;\n(ii) cancel the registration; or\n(c) if the proposed regulatory action is cancelling the school’s\nregistration and disqualifying the proprietor of the school from\napplying for a further registration—take any of the following\nactions:\n(i) the actions mentioned in paragraph (b);\n(ii) cancel the school’s registration and disqualify the\nproprietor of the school from applying for a further\nregistration for a stated period or until a stated thing\nhappens.\n(4) Before taking regulatory action against the proprietor of a registered\nschool under this section, the Minister must tell the proprietor, by\nwritten notice (a notice of regulatory action)—\n(a) the regulatory action that will be taken; and\n(b) the day on which the regulatory action takes effect; and\n(c) if the regulatory action will end on a particular day—the day;\nand\n(d) if the regulatory action will end in particular circumstances—\nthe circumstances.\n(5) The notice of regulatory action may include any other information the\nMinister considers appropriate.\n\n(6) Regulatory action against the proprietor takes effect on the day stated\nin the notice of regulatory action.\n(7) In this section:\nproposed regulatory action means regulatory action mentioned in a\nshow cause notice given to the proprietor of a registered school under\nsection 124.\n","sortOrder":173},{"sectionNumber":"125B","sectionType":"section","heading":"When cancellation takes effect","content":"125B When cancellation takes effect\n(1) The cancellation of a school’s registration does not take effect until\nthe cancellation becomes final.\n(2) The cancellation of a school’s registration becomes final when—\n(a) the time for any appeal or review in relation to the decision has\nended; or\n(b) any appeal or review in relation to the decision has been decided\nor otherwise ended.\n","sortOrder":174},{"sectionNumber":"125C","sectionType":"section","heading":"Not taking regulatory action","content":"125C Not taking regulatory action\n(1) This section applies if, after considering a submission under\nsection 124 (c) received from the proprietor of the registered school,\nthe Minister is satisfied on reasonable grounds that regulatory action\nagainst the proprietor—\n(a) need not be taken; or\n(b) may be taken but, in all the circumstances, it is not appropriate\nto take the action.\n(2) The Minister must give the proprietor written notice telling the\nproprietor that regulatory action will not be taken against the\nproprietor in relation to the matters stated in the show cause notice.\n\n","sortOrder":175},{"sectionNumber":"Part 4","sectionType":"part","heading":"5","content":"Part 4.5\nPart 4.5 Non-government schools—\napproved educational courses\nand registers of enrolments and\nattendances\n","sortOrder":176},{"sectionNumber":"125D","sectionType":"section","heading":"Approved educational courses—registered schools","content":"125D Approved educational courses—registered schools\n(1) The principal of a registered school may approve an educational\ncourse for students at the school that may be provided to the student\nat a place other than the school (an approved educational course\n(non-government)).\n(2) An approval may be subject to conditions.\n(3) However, the principal may approve an educational course at a place\nonly if satisfied that—\n(a) the standard of the course is appropriate; and\n(b) there are adequate facilities at the place for conducting the\ncourse; and\n(c) the place complies with any relevant territory laws about health\nand safety standards; and\n(d) each person carrying out a regulated activity for the provider of\nthe course complies with the requirements of the Working with\nVulnerable People (Background Checking) Act 2011.\n\nPart 4.5 Non-government schools—approved educational courses and registers of\n","sortOrder":177},{"sectionNumber":"125E","sectionType":"section","heading":"Meaning of register of enrolments and attendances—","content":"125E Meaning of register of enrolments and attendances—\npt 4.5\nregister of enrolments and attendances means—\n(a) for a registered school—a register recording the following\ninformation:\n(i) the full name of each student enrolled at the school;\n(ii) the student’s compliance with required school attendance\n(including any activity of the school); and\n(b) for an approved educational course (non-government)—a\nregister recording the following information:\n(i) the full name of each student enrolled at the course;\n(ii) a record of the attendance of each student at the course on\neach day the student is required to attend.\n","sortOrder":178},{"sectionNumber":"125F","sectionType":"section","heading":"Keeping register of enrolments and attendances—","content":"125F Keeping register of enrolments and attendances—\nregistered schools\n(1) The principal of a registered school must keep a register of\nenrolments and attendances for the school.\n(2) An offence against subsection (1) is a strict liability offence.\n(3) The principal of a registered school commits an offence if the\nprincipal—\n(a) makes an entry in the register of enrolments and attendances for\n(b) is reckless about whether the entry is correct.\n\nPart 4.5\n","sortOrder":179},{"sectionNumber":"125G","sectionType":"section","heading":"Producing registers of enrolments and attendances—","content":"125G Producing registers of enrolments and attendances—\nregistered schools\n(1) An authorised person (non-government) may, by written notice,\nrequire the principal of a school, within the time stated in the notice—\n(a) to make the register available for inspection by the authorised\nperson (non-government); or\n(b) to give information contained on the register that the authorised\nperson (non-government) requires.\n(2) The principal must comply with the notice.\n(3) An authorised person (non-government) may examine and copy a\nregister of enrolments and attendances for a registered school.\n(4) The principal of a registered school must take reasonable steps to\nassist an authorised person (non-government) in exercising a function\nunder this section.\n","sortOrder":180},{"sectionNumber":"125H","sectionType":"section","heading":"Keeping registers of enrolments and attendances—","content":"125H Keeping registers of enrolments and attendances—\napproved educational courses (non-government)\n(1) A person giving an approved educational course (non-government)\nmust keep a register of enrolments and attendances for the course.\n(2) An offence against subsection (1) is a strict liability offence.\n(3) A person giving an approved educational course (non-government)\ncommits an offence if the person—\n(a) makes an entry in the register of enrolments and attendances for\nthe course; and\n(b) is reckless about whether the entry is correct.\n\nPart 4.5 Non-government schools—approved educational courses and registers of\n","sortOrder":181},{"sectionNumber":"125I","sectionType":"section","heading":"Producing registers of enrolments and attendances—","content":"125I Producing registers of enrolments and attendances—\napproved educational courses (non-government)\n(1) An authorised person (non-government) may, by written notice,\nrequire a person giving an approved educational course, within the\ntime stated in the notice—\n(a) to make the register available for inspection by the authorised\nperson (non-government); or\n(b) to give information contained on the register that the authorised\nperson (non-government) requires.\n(2) The person giving an approved educational course must comply with\nthe notice.\n(3) An authorised person (non-government) may examine and copy a\nregister of enrolments and attendances for an approved educational\ncourse (non-government).\n(4) A person giving an approved educational course (non-government)\nmust take reasonable steps to assist an authorised person\n(non-government) in exercising a function under this section.\n\nPreliminary Division 4.6.1\nPart 4.6 Non-government schools—\nauthorised people\nDivision 4.6.1 Preliminary\n125K Definitions—pt 4.6\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\npremises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\npremises includes land.\nDivision 4.6.2 Authorised people\n(non-government)—generally\n","sortOrder":182},{"sectionNumber":"125L","sectionType":"section","heading":"Meaning of authorised person (non-government)","content":"125L Meaning of authorised person (non-government)\nIn this Act:\nauthorised person (non-government) means the following people:\n(a) a person appointed under section 125M;\n(b) the registrar.\n\nDivision 4.6.2 Authorised people (non-government)—generally\n","sortOrder":183},{"sectionNumber":"125M","sectionType":"section","heading":"Appointment","content":"125M Appointment\n(1) The registrar may appoint a person to be an authorised person\n(non-government).\n(2) A person may be appointed as an authorised person\n(non-government) under subsection (1) only if—\n(a) the person is an Australian citizen or a permanent resident; and\n(b) the person is registered under the Working with Vulnerable\nPeople (Background Checking) Act 2011 to engage in regulated\nactivities involving children; and\n(c) the registrar is satisfied that the person is a suitable person to be\nappointed, having regard in particular to—\n(i) any criminal convictions the person may have; and\n(ii) the person’s employment record; and\n(d) the person has satisfactorily completed adequate training to\nexercise the powers of an authorised person (non-government).\n(3) To remove any doubt, a person may be both an authorised person\n(government) and an authorised person (non-government).\n","sortOrder":184},{"sectionNumber":"125N","sectionType":"section","heading":"Authorised people (non-government)—functions","content":"125N Authorised people (non-government)—functions\n(1) An authorised person—\n(a) has the functions given to the person under this Act; and\n(b) is subject to the directions of the registrar in the exercise of the\nfunctions.\n(2) An authorised person must only exercise a function under this part for\nthe purpose of assisting the registrar in the exercise of the registrar’s\nfunctions under part 4.4 (Non-government schools—registration\nreviews).\n\nAuthorised people (non-government)—generally Division 4.6.2\n","sortOrder":185},{"sectionNumber":"125O","sectionType":"section","heading":"Identity cards","content":"125O Identity cards\n(1) The registrar must give an authorised person (non-government) an\nidentity card stating the person’s name and that the person is an\nauthorised person (non-government).\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if the person—\n(a) stops being an authorised person (non-government); and\n(b) does not return their identity card to the registrar as soon as\npracticable, but within 21 days, after the day the person stops\nbeing an authorised person (non-government).\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\n(5) Subsection (3) does not apply if the person’s identity card is—\n(a) lost or stolen; or\n(b) destroyed by someone else.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (5) (see Criminal Code, s 58).\n","sortOrder":186},{"sectionNumber":"125P","sectionType":"section","heading":"Authorised person (non-government) must show identity","content":"125P Authorised person (non-government) must show identity\ncard on exercising power of entry\n(1) If an authorised person (non-government) exercises a power under\nthis Act (other than a power under section 125U (Power to obtain\ninformation)) that affects an individual, the authorised person\n(non-government) must first show their authorised person\n(non-government) identity card to the individual.\n\n(2) If an authorised person (non-government) exercises a power under\nthis Act (other than a power under section 125U) that affects a person\nother than an individual, the authorised person (non-government)\nmust first show their authorised person (non-government) identity\ncard to an individual the authorised person (non-government)\nbelieves on reasonable grounds is an employee, officer or agent of the\nperson.\n","sortOrder":187},{"sectionNumber":"125Q","sectionType":"section","heading":"Entry to premises","content":"125Q Entry to premises\n(1) For this chapter, an authorised person (non-government) may—\n(a) at any reasonable time, enter registered school premises to find\nout whether the school is complying with this Act; or\n(b) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(c) at any time, enter premises with the occupier’s consent.\n(2) However—\n(a) if the premises are used to provide residential boarding\nservices—subsection (1) authorises entry only if—\n(i) the entry is after 8 am and before 6 pm; and\n(ii) the residents are given reasonable notice of the entry,\nincluding the purpose of the entry; and\n(iii) a member of staff of the school is present during the entry\nand any exercise of powers under section 125T (General\npowers on entry to premises); and\n(b) in any other case—subsection (1) (a) and (b) do not authorise\nentry into a part of the premises that is being used only for\nresidential purposes.\n\n(3) An authorised person (non-government) may, without the consent of\nthe occupier of premises, enter land around the premises to ask for\nconsent to enter the premises.\n(4) To remove any doubt, an authorised person (non-government) may\nenter premises under subsection (1) without payment of an entry fee\nor other charge.\n(5) An authorised person (non-government) may, for subsection (1),\nenter the premises with necessary assistance.\nat any reasonable time, for entering registered premises, includes at\nany time the school is open for operation.\nnecessary assistance, for an authorised person (non-government)\nentering premises, includes the attendance of 1 or more people who,\nin the opinion of the authorised person (non-government), have\nknowledge or skills that could assist the authorised person\n(non-government) to carry out their function.\n","sortOrder":188},{"sectionNumber":"125R","sectionType":"section","heading":"Production of identity card","content":"125R Production of identity card\nAn authorised person (non-government) and any other person, other\nthan a police officer, who is accompanying the authorised person\n(non-government), may not remain at premises entered under this part\nif the authorised person (non-government) does not produce their\nidentity card when asked by the occupier.\n","sortOrder":189},{"sectionNumber":"125S","sectionType":"section","heading":"Consent to entry","content":"125S Consent to entry\n(1) This section applies if an authorised person (non-government) intends\nto ask the occupier of premises to consent to the authorised person\n(non-government) entering the premises.\n(2) Before asking for the consent, the authorised person\n(non-government) must—\n(a) produce their identity card; and\n\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person (non-government);\nand\n(iii) that consent may be refused.\n(3) If the occupier consents, the authorised person (non-government)\nmust ask the occupier to sign a written acknowledgment\n(an acknowledgment of consent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person (non-government);\nand\n(iii) that consent may be refused; and\n(b) that the occupier consents to the entry; and\n(c) stating the time and date when consent was given.\n(4) If the occupier signs an acknowledgment of consent, the authorised\nperson (non-government) must immediately give a copy to the\noccupier.\n(5) A court must find that the occupier did not consent to entry to the\npremises by the authorised person (non-government) under this part\nif—\n(a) the question whether the occupier consented to the entry arises\nin a proceeding in the court; and\n(b) an acknowledgment of consent for the entry is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n\n","sortOrder":190},{"sectionNumber":"125T","sectionType":"section","heading":"General powers on entry to premises","content":"125T General powers on entry to premises\n(1) An authorised person (non-government) who enters premises under\nthis part may, for this Act, do 1 or more of the following in relation\nto the premises or anything at the premises:\n(a) examine anything;\n(b) examine and copy, or take extracts from, documents relating to\na contravention, or possible contravention, of this Act;\n(c) take photographs, films, or audio, video or other recordings;\n(d) require the occupier, or anyone at the premises, to give\ninformation, answer questions, or produce documents or\nanything else (whether the information, document or other thing\nis at the premises or elsewhere) that the occupier or person at the\npremises has, or has access to, that are reasonably necessary to\nexercise a function under this Act;\n(e) require the occupier, or anyone else at the premises, to give the\nauthorised person (non-government) copies of documents\nproduced under paragraph (d) that are reasonably necessary to\nexercise a function under this Act;\n(f) require the occupier, or anyone else at the premises, to give the\nauthorised person (non-government) reasonable help to exercise\na power under this part.\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (d), (e) or (f).\n\n","sortOrder":191},{"sectionNumber":"125U","sectionType":"section","heading":"Power to obtain information","content":"125U Power to obtain information\n(1) An authorised person (non-government) may, in writing, require any\nof the following people to give the authorised person\n(non-government) information, or produce documents or anything\nelse, that the person has, or has access to, that are reasonably required\nby the authorised person (non-government) for this Act:\n(a) a proprietor of a non-government school;\n(b) a member of staff of a non-government school;\n(c) any other person who has, or has access to, information or\ndocuments or anything else that is reasonably required by the\nauthorised person (non-government) to assess a registered school’s\ncompliance with this Act.\nrequest and obtain by email a list of employees\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under this section.\n","sortOrder":192},{"sectionNumber":"125V","sectionType":"section","heading":"Abrogation of privilege against self-incrimination","content":"125V Abrogation of privilege against self-incrimination\n(1) A person is not excused from answering a question or providing\ninformation or a document under this part on the ground that the\nanswer to the question, or the information or document, may tend to\nincriminate the person or expose the person to a penalty.\n(2) However, any information, document or thing obtained, directly or\nindirectly, because of the giving of the answer or the production of\nthe document is not admissible in evidence against the person in a\ncivil or criminal proceeding, other than a proceeding for an offence\narising out of the false or misleading nature of the answer,\ninformation or document.\n\n","sortOrder":193},{"sectionNumber":"125W","sectionType":"section","heading":"Warning to be given","content":"125W Warning to be given\n(1) Before requiring a person to comply with a requirement under\nsection 125T (1) (d) or (e) or section 125U, an authorised person\n(non-government) must warn the person—\n(a) that failure to comply constitutes an offence; and\n(b) about the effect of section 125V.\n(2) It is not an offence for an individual to refuse to answer a question\nput by an authorised person (non-government) or provide information\nor a document to an authorised person (non-government) under\nsection 125T (1) (d) or (e) or section 125U on the ground that the\nquestion, information or document might tend to incriminate the\nindividual, unless the individual was first given the warning in\nsubsection (1) (b).\n(3) Nothing in this section prevents an authorised person\n(non-government) from obtaining and using evidence given to the\nauthorised person (non-government) voluntarily by any person.\n\nChapter 4A School education advisory committee\nChapter 4A School education advisory\ncommittee\n126 Establishment of advisory committee\nThe Minister may establish a school education advisory committee\n(an advisory committee) as required to advise the Minister, about\nschool education or a related matter, for a specified period.\n","sortOrder":194},{"sectionNumber":"127","sectionType":"section","heading":"Appointment of chair and members","content":"127 Appointment of chair and members\nIf the Minister believes a person has experience or expertise relevant\nto an advisory committee, the Minister may appoint the person as—\n(a) the chair of the committee; or\n(b) a member of the committee.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n","sortOrder":195},{"sectionNumber":"127A","sectionType":"section","heading":"Reimbursement of member’s expenses","content":"127A Reimbursement of member’s expenses\nA member of an advisory committee may apply, in writing, to the\ndirector-general for reimbursement of expenses reasonably incurred\nby the member for the purpose of attending a meeting of the\ncommittee.\n\nSchool education advisory committee Chapter 4A\n","sortOrder":196},{"sectionNumber":"127B","sectionType":"section","heading":"Advisory committee—terms of reference and procedures","content":"127B Advisory committee—terms of reference and procedures\n(1) The Minister may, in consultation with an advisory committee,\ndetermine terms of reference for the advisory committee.\n(2) Subject to any terms of reference, the advisory committee may—\n(a) meet when and where it decides; and\n(b) conduct its proceedings (including its meetings) as it considers\nappropriate.\n\n127BA Meaning of distance education\nIn this Act:\ndistance education means an education course for a child that\nrequires—\n(a) remote participation by the child for most of the education\ncourse; and\n(b) participation by the child at a level that is full-time under the\nrequirements for the course.\n127BB Provision of distance education\n(1) A school may only provide distance education if—\n(a) for a registered school—the school is registered to provide\ndistance education under part 4.3 (Non-government schools—\nregistration); or\n(b) in any other case—the director-general has determined under\nsection 127BD that the school is eligible to provide distance\nNote Under s 127BD, the director-general may determine that a stated\nschool may provide distance education.\n(2) The registrar may determine a fee for the enrolment of students in\nregistered schools who do not live in the ACT.\n(3) Before making a determination under subsection (2), the registrar\nmust consult the registration standards advisory board.\n(4) A determination is a disallowable instrument.\n\nDistance education Chapter 4B\n127BC Distance education policy\nA school that provides distance education must have written policies\nand procedures about the following (a distance education policy):\n(a) the responsibilities of parents in relation to supervision of their\nchildren undertaking distance education;\n(b) the attendance requirements of students undertaking distance\neducation;\n(c) the curriculum requirements for an education course provided\nby distance education;\n(d) delivery of the education course, including how practical\ncomponents are to be completed;\n(e) support that will be provided for personal and social\ndevelopment of students who undertake distance education,\nincluding students with diverse needs;\n(f) anything else prescribed by regulation.\n127BD Distance education determination\n(1) The director-general may determine whether—\n(a) a government school may provide distance education; or\n(b) a school in another State may provide distance education for\nstudents enrolled in a government school.\n(2) A determination is a notifiable instrument.\n\n127BE Eligibility for distance education\nA child living in the ACT may participate in distance education only\nif the child—\n(a) is enrolled at a government school or registered non-government\nschool that provides distance education under this Act; and\n(b) meets any criteria—\n(i) required by the school; or\n(ii) prescribed by regulation.\n\nGeneral Part 5.1\n","sortOrder":197},{"sectionNumber":"127C","sectionType":"section","heading":"Definitions—ch 5","content":"127C Definitions—ch 5\nhome education report, in relation to a child registered for home\neducation, means a report that complies with section 138 about the\neducational progress of the child.\nnew registration means registration of a child for home education\nunder section 131 (3) if the child either—\n(a) has not previously been registered for home education under that\nsection; or\n(b) has previously been registered for home education under that\nsection but the previous registration has ended 12 months or\nmore before the new registration begins.\n","sortOrder":198},{"sectionNumber":"128","sectionType":"section","heading":"Principles on which ch 5 based","content":"128 Principles on which ch 5 based\nThe following are the principles on which this chapter is based:\n(a) parents have the right to choose a suitable educational\nenvironment for their children;\n(b) there is a diversity of religious and educational philosophies\nheld by parents providing home education for their children;\n(c) the diversity of educational philosophies reflects the diversity of\npreferences of parents for particular forms of education for their\nchildren;\n\n(d) home education is committed to—\n(i) offering a broad range of opportunities that foster in each\nchild the development of the child’s unique spiritual,\nemotional, physical, social and intellectual being; and\n(ii) valuing the individual needs, interests and aptitudes of each\nchild; and\n(iii) preparing each child to become an independent and\neffective local and global citizen.\n\nNote Chapter 6 and schedule 1 set out decisions under this Act that are\nreviewable.\n","sortOrder":199},{"sectionNumber":"131","sectionType":"section","heading":"Registration for home education","content":"131 Registration for home education\n(1) The parents of a child living, or usually living, in the ACT may apply\nto the director-general for registration of the child for home\nNote The parents of a child living in the ACT must enrol the child at an\neducation provider or apply to register the child for home education not\nlater than 10 school term days after the day the child begins living in the\nACT (see s 10).\n(b) include any information prescribed by regulation.\n(3) The director-general must register the child for home education for a\nperiod of not longer than 2 years if satisfied that the conditions for\nregistration will be complied with.\n(4) To decide whether the conditions for registration will be complied\nwith, an authorised person (government) may inspect any programs,\nmaterials and other records for use in the child’s home education.\n(5) However, subsection (4) does not apply in relation to new\nregistration.\n(6) It is a reasonable excuse for failing to comply with a requirement\nunder part 2.2 (Compulsory education requirements) if—\n(a) an application has been made under this section for registration\nfor home education; and\n(b) the director-general has not yet decided the application and\ngiven the notice mentioned in subsection (7).\n\n(7) The director-general must notify the parents of the child of the\ndecision, either to register or refuse to register the child for home\neducation, not later than 28 days after a complete application has been\nreceived by the director-general.\n","sortOrder":200},{"sectionNumber":"132","sectionType":"section","heading":"Conditions of registration for home education","content":"132 Conditions of registration for home education\n(1) The registration of a child for home education is subject to the\nfollowing conditions:\n(a) the parents of the child are to provide high-quality education for\nthe child;\n(b) the parents of the child must document the educational\nopportunities offered by the parents to their child and the\nstrategies they use to encourage their child to learn;\n(c) the parents of the child must make available for inspection on\nrequest by the director-general any education programs,\nmaterials or other records used for the home education;\n(d) the child must live, or usually live, in the ACT;\n(e) the parents of the child must, within 28 days of either of the\nfollowing occurring, tell the director-general, in writing, about\nthe thing occurring:\n(i) information on the register under section 139 changes;\n(ii) the child stops living, or usually living, in the ACT;\n(f) the parents of the child must submit a home education report;\n(g) the home base for the child’s home education is suitable for the\neducation of the child;\n\n(h) any condition prescribed by regulation.\nExamples—par (d)\n1 the child lives in the ACT, but receives medical treatment in Sydney\n2 the child’s parents have a shared parenting agreement for the child and only 1\nparent lives in the ACT\n3 the child’s family leaves the ACT for an extended holiday and intends to return\nto the ACT\nExample—par (g)\nthe home base poses no unreasonable health and safety risks to the child\n(2) However, subsection (1) (a) to (c) does not apply in relation to new\nregistration within 3 months after the day of registration.\n","sortOrder":201},{"sectionNumber":"133","sectionType":"section","heading":"Registration of child","content":"133 Registration of child\nIf the director-general approves the registration of a child for home\neducation, the director-general must—\n(a) enter the particulars prescribed under the regulations in the\nhome education register kept under section 139 (Home\neducation register); and\n(b) give the parents of the child a certificate of registration for the\nchild.\n","sortOrder":202},{"sectionNumber":"134","sectionType":"section","heading":"Period of registration","content":"134 Period of registration\nRegistration of a child for home education is for the period (not longer\nthan 2 years) stated in the certificate of registration.\n","sortOrder":203},{"sectionNumber":"135","sectionType":"section","heading":"Cancellation of registration for home education","content":"135 Cancellation of registration for home education\n(1) The director-general may cancel the registration of a child for home\neducation if the director-general is satisfied on reasonable grounds\nthat a parent has contravened a condition of the registration.\n\n(2) Before cancelling registration, the director-general must give the\nparents a written notice—\n(a) stating the grounds on which the director-general proposes to\ncancel the registration; and\n(b) stating the facts that, in the director-general’s opinion, establish\nthe grounds; and\n(c) telling the parents that they may, within 30 days beginning the\nday after the day they receive the notice, give a written response\nto the director-general about the matters in the notice.\n(3) In deciding whether to cancel registration, the director-general must\nconsider any response given to the director-general in accordance\nwith subsection (2) (c).\n(4) However, the director-general must not cancel the registration if\nsatisfied that—\n(a) the parents have demonstrated that the contravention has been\nrectified and that they will comply with the conditions of the\nregistration; and\n(b) it is not otherwise in the public interest that the registration be\ncancelled.\n(5) The director-general must give the parents written notice of the\ndecision.\n(6) Cancellation of registration takes effect on the day when notice of the\ncancellation is given to the parents or, if the notice states a later date\nof effect, that date.\n","sortOrder":204},{"sectionNumber":"136","sectionType":"section","heading":"Certificate of registration for home education","content":"136 Certificate of registration for home education\nA certificate of registration for home education must state—\n(a) the name of the child registered for home education; and\n(b) the names of the child’s parents; and\n\n(c) the address of the home base from which the home education\nwill be carried out; and\n(d) the period of registration; and\n(e) the conditions of registration; and\n(f) any other particulars prescribed under the regulations.\n","sortOrder":205},{"sectionNumber":"137","sectionType":"section","heading":"Renewal of registration for home education","content":"137 Renewal of registration for home education\n(1) The parents of a child who is registered for home education under this\npart may apply to the director-general for renewal of the registration.\n(b) include any information prescribed by regulation; and\n(c) be made—\n(i) not later than 3 months before the registration ends; or\n(ii) within a shorter period approved by the director-general.\n(3) The director-general must renew the registration of the child for home\neducation for a period of not longer than 2 years if satisfied that the\nconditions for registration will be complied with.\n","sortOrder":206},{"sectionNumber":"138","sectionType":"section","heading":"Home education reports","content":"138 Home education reports\n(1) The parents of a child registered for home education must give the\ndirector-general a home education report once every year, before a\ndate in the year approved by the director-general.\n(2) The report must comply with any requirement prescribed by\nregulation.\n\n","sortOrder":207},{"sectionNumber":"139","sectionType":"section","heading":"Home education register","content":"139 Home education register\n(1) The director-general must keep a register of children registered for\nhome education.\n(2) The register must include any information prescribed by regulation.\n\nNotification and review of decisions Part 6.1\n","sortOrder":208},{"sectionNumber":"Part 6","sectionType":"part","heading":"1 Notification and review of","content":"Part 6.1 Notification and review of\ndecisions\n","sortOrder":209},{"sectionNumber":"140","sectionType":"section","heading":"Definitions—pt 6.1","content":"140 Definitions—pt 6.1\ndecision-maker means—\n(a) for an internally reviewable decision—a person mentioned in\nschedule 1, column 5 in relation to the decision; or\n(b) for a reviewable decision—\n(i) the internal reviewer in relation to the decision; or\n(ii) if the decision is made personally by the Minister or\ndirector-general—a person mentioned in schedule 1,\ncolumn 5 in relation to the decision.\ninternally reviewable decision means a decision (other than a\ndecision made personally by the Minister or director-general)\nmentioned in schedule 1, column 3 under a provision of this Act\nmentioned in column 2 in relation to the decision.\ninternal reviewer—see section 144 (1).\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\nreviewable decision means—\n(a) a decision of an internal reviewer in relation to an internally\nreviewable decision; or\n(b) if a decision is made personally by the Minister or\ndirector-general—a decision mentioned in schedule 1, column 3\nunder a provision of this Act mentioned in column 2 in relation\nto the decision.\n\n","sortOrder":210},{"sectionNumber":"141","sectionType":"section","heading":"Internal review notices","content":"141 Internal review notices\nIf a decision-maker makes an internally reviewable decision, the\ndecision-maker must give an internal review notice to each entity\nmentioned in schedule 1, column 4 in relation to the decision.\nNote The decision-maker must also take reasonable steps to give an internal\nreview notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67B).\n","sortOrder":211},{"sectionNumber":"142","sectionType":"section","heading":"Applications for internal review","content":"142 Applications for internal review\n(1) The following may apply to the decision-maker for review of an\ninternally reviewable decision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n(b) state the applicant’s name and address; and\n(c) set out the applicant’s reasons for making the application.\n(3) The application must be given to the decision-maker within—\n(a) 28 days after the day the applicant is given the internal review\nnotice; or\n(b) a longer period allowed by the internal reviewer before or after\nthe end of the 28-day period.\n","sortOrder":212},{"sectionNumber":"143","sectionType":"section","heading":"Applications not stay reviewable decisions","content":"143 Applications not stay reviewable decisions\nMaking an application for internal review of an internally reviewable\ndecision does not affect the operation of the decision.\n\nNotification and review of decisions Part 6.1\n","sortOrder":213},{"sectionNumber":"144","sectionType":"section","heading":"Internal review","content":"144 Internal review\n(1) If application is made for internal review of an internally reviewable\ndecision, the decision-maker must arrange for someone else\n(the internal reviewer) to review the decision.\n(2) However, if the internally reviewable decision is made under\nsection 17H (Suspension), the decision may be reviewed only by a\nperson mentioned in section 17O (Suspension—government and\nCatholic system schools—delegation), other than the person who\nmade the decision.\n(3) The internal reviewer must, within 28 days after the decision-maker\nreceives the application for internal review—\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute its own decision.\n(4) If the decision is not varied or set aside within the 28-day period, the\ndecision is taken to have been confirmed by the internal reviewer.\n","sortOrder":214},{"sectionNumber":"145","sectionType":"section","heading":"Reviewable decision notices","content":"145 Reviewable decision notices\nIf a decision-maker makes a reviewable decision, the decision-maker\nmust give a reviewable decision notice to—\n(a) for a decision in relation to an internally reviewable decision—\neach entity that is given an internal review notice; or\n(b) for a decision made personally by the Minister or\ndirector-general—each entity mentioned in schedule 1, column\n4 in relation to the decision.\nNote The decision-maker must also take reasonable steps to give a reviewable\ndecision notice to anyone whose interests are affected by the decision (see\nACT Civil and Administrative Tribunal Act 2008, s 67A).\n\n","sortOrder":215},{"sectionNumber":"145A","sectionType":"section","heading":"Applications to ACAT","content":"145A Applications to ACAT\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":216},{"sectionNumber":"145B","sectionType":"section","heading":"Meaning of young person—pt 6.1A","content":"145B Meaning of young person—pt 6.1A\nyoung person means a person who turns 18 years old while a student.\n","sortOrder":217},{"sectionNumber":"145C","sectionType":"section","heading":"Director-general may give certain information to other","content":"145C Director-general may give certain information to other\nStates\n(a) a corresponding officer asks the director-general, in writing,\nwhether a child or young person is receiving an education in the\nACT; or\n(b) the director-general considers, on the director-general’s own\ninitiative, that giving a corresponding officer information about\nthe education of a child in the ACT is in the best interests of the\nchild.\n(2) Subject to subsection (4), the director-general may provide the\nfollowing information, orally or in writing, to the corresponding\nofficer:\n(a) if the child or young person is enrolled at an education provider\nor registered for home education under this Act—that the child\nor young person is receiving an education in the ACT;\n(b) for a child enrolled at an education provider under this Act—\nwhether the child is contravening section 10A (2) or\nsection 10D (3) (which are about participation and school\nattendance requirements);\n(c) if the director-general is satisfied on reasonable grounds that the\nchild or young person is not enrolled at an education provider or\nregistered for home education under this Act—that the child or\nyoung person is not receiving an education in the ACT;\n\n(d) if the child or young person, or a parent of the child or young\nperson, has been issued with an exemption certificate under\npart 2.3—that the child or young person is exempt from\nreceiving an education in the ACT;\n(e) in any other circumstances—that the director-general is not able\nto confirm whether the child or young person is receiving an\neducation in the ACT.\n(3) However, the director-general must not tell the corresponding officer\nany information related to the child or young person’s enrolment or\nregistration.\nExamples—related information\n1 whether the child or young person is enrolled at an education provider or\nregistered for home education\n2 the school at which the child or young person is enrolled\n3 the nature of the education course in which the child or young person is\nenrolled\n4 who enrolled the child or young person\n(4) The director-general must, before providing any information to a\ncorresponding officer under subsection (1), have the consent of—\n(a) a parent of the child or young person; or\n(b) if the director-general is satisfied the child or young person\nunderstands what information is being given, the purpose of\ngiving the information and who will receive the information—\nthe child or young person.\nNote Consent is not required in certain circumstances (see s 145E).\n(5) In considering the best interests of a child for subsection (1) (b), the\ndirector-general must consider the following:\n(a) the need to ensure that the child is not at risk of abuse or neglect;\n(b) the child’s physical, emotional and intellectual needs;\n(c) the child’s access to, or benefit from, education;\n\n(d) the child’s age, level of understanding or level of maturity;\n(e) any views or wishes expressed by the child or young person;\n(f) the relationship the child has with the child’s parents;\n(g) the attitude to the child and to parental responsibilities,\ndemonstrated by the child’s parents;\n(h) a court order or criminal investigation relating to the child or the\nchild’s parents.\ncorresponding officer means a person responsible for the\nadministration of the legislation under which children are enrolled at\nan education provider or registered for home education in another\nState.\n","sortOrder":218},{"sectionNumber":"145D","sectionType":"section","heading":"Director-general may ask for certain information from","content":"145D Director-general may ask for certain information from\nother States\n(1) Subject to subsection (2), the director-general may ask a\ncorresponding officer, in writing, for information about a child or\nyoung person who is, or was, enrolled at an education provider or\nregistered for home education under this Act.\n(2) Before the director-general asks the corresponding officer for the\ninformation about the child or young person the director-general must\nhave the consent of—\n(a) a parent of the child or young person; and\n(b) if the director-general is satisfied the child or young person\nunderstands what information is being asked for, the purpose of\nasking for the information and who will receive the\ninformation—the child or young person.\nNote Consent is not required in certain circumstances (see s 145E).\n\n(3) In this section:\ncorresponding officer—see section 145C (6).\n","sortOrder":219},{"sectionNumber":"145E","sectionType":"section","heading":"Consent not required in certain circumstances","content":"145E Consent not required in certain circumstances\n(1) This section applies if the director-general must have the consent of\na parent, child, or young person before asking for or giving\ninformation under this part.\n(2) The consent is not required if the director general is satisfied on\nreasonable grounds that—\n(a) it would not be in the best interests of the child or young person\nto seek the consent; or\n(b) it is not possible or reasonably practicable in the circumstances\nto seek the consent.\ndespite reasonable efforts, contact details for a parent cannot be found\n(3) In considering the best interests of a child or young person for\nsubsection (2) (a), the director-general must consider the following:\n(a) the need to ensure that the child or young person is not at risk of\nabuse or neglect;\n(b) the child or young person’s physical, emotional and intellectual\nneeds;\n(c) the child or young person’s access to, or benefit from, education;\n(d) the child or young person’s age, level of understanding or level\nof maturity;\n(e) any views or wishes expressed by the child or young person;\n(f) the relationship the child or young person has with the child or\nyoung person’s parents;\n\n(g) the attitude to the child or young person, and to parental\nresponsibilities, demonstrated by the child or young person’s\nparents;\n(h) a court order or criminal investigation relating to the child or\nyoung person or the child or young person’s parents.\n\n","sortOrder":220},{"sectionNumber":"147","sectionType":"section","heading":"Offences on school premises","content":"147 Offences on school premises\n(1) A person must not trespass on school premises.\nMaximum penalty: 5 penalty units.\n(2) A person commits an offence if the person behaves in an offensive or\ndisorderly way on school premises.\n(3) A person commits an offence if the person—\n(a) is on school premises; and\n(b) is directed to leave the premises by a police officer, the principal\nof the school or a person authorised by the principal; and\n(c) fails to leave the premises in accordance with the direction.\n(4) An offence against this section is a strict liability offence.\nschool premises means land (including any building or structure on\nthe land) occupied by a government or non-government school.\n","sortOrder":221},{"sectionNumber":"148","sectionType":"section","heading":"Obligations on parents","content":"148 Obligations on parents\n(1) For this Act, if an obligation is expressed to apply to the parents of a\nchild it is sufficient for any parent of the child to carry out the\nobligation.\n(2) For this Act, if an obligation is expressed to apply to the parents of a\nchild and no parent carries out the obligation, each parent is liable for\nthe failure to carry out the obligation.\n\nOther provisions Part 6.2\n","sortOrder":222},{"sectionNumber":"149","sectionType":"section","heading":"Notification of parents","content":"149 Notification of parents\nFor this Act, if notice is required to be given to the parents of a child\nor student, or there is an obligation to ask or tell the parents of a child\nor student something, it is sufficient if a parent of the child or student\nis given notice or asked or told the thing.\n","sortOrder":223},{"sectionNumber":"150","sectionType":"section","heading":"Minister may grant scholarships etc","content":"150 Minister may grant scholarships etc\n(1) The Minister may give bursaries, exhibitions, free places, prizes,\nscholarships or other forms of assistance or reward to be used for—\n(a) the benefit of a student at a government school, or at a college\nor university in the ACT; or\n(b) the benefit of a government school, or a college or university in\nthe ACT; or\n(c) a child registered for home education in the ACT.\nExample for par (b)\na fund to provide for a teacher with particular skills to teach at a particular\ngovernment school\n(2) To remove any doubt, this section does not appropriate public money.\n","sortOrder":224},{"sectionNumber":"151","sectionType":"section","heading":"Gifts and donations","content":"151 Gifts and donations\n(1) This section applies if the Minister is satisfied that a condition\nattached to, or a purpose of, a gift or bequest of property to the\nTerritory on trust for educational purposes (the original trust) is\ninappropriate, impracticable, or impossible to comply with.\n(2) The Minister may declare the property the subject of the original trust\nis subject to another trust.\n(3) The declaration must state the purposes of the other trust.\n\n(4) In making the declaration, the Minister must ensure that the property\nis dealt with as nearly as is practicable for the purposes for which it\nwas held immediately before the declaration, except so far as it is\ninappropriate, impracticable, or impossible to do so.\n(5) When the declaration commences, the original trust ceases and the\nproperty is taken to be held by the Territory in trust for the purposes\nstated in the declaration.\n(6) A declaration is a notifiable instrument.\n","sortOrder":225},{"sectionNumber":"152","sectionType":"section","heading":"Education trust fund","content":"152 Education trust fund\n(1) The Minister must keep and administer a fund called the education\ntrust fund.\n(2) The assets of the fund may only be used in accordance with this\nsection.\n(3) The director-general must open and maintain under the Financial\nManagement Act 1996, section 51 (Directorate trust banking\naccounts) a trust account with an authorised deposit-taking institution\n(the education trust account) to be used only for the fund.\n(4) The account consists of—\n(a) money held by the Territory in trust in relation to anything\nmentioned in section 150 (Minister may grant scholarships etc);\nand\n(b) any other money that may be lawfully paid into the fund.\n(5) The fund may be used only for the following purposes:\n(a) promoting education;\n(b) giving bursaries, exhibitions, free places, prizes, scholarships or\nother forms of assistance or reward for a benefit mentioned in\nsection 150;\n(c) any other purpose prescribed under the regulations.\n\nOther provisions Part 6.2\n","sortOrder":226},{"sectionNumber":"153A","sectionType":"section","heading":"Evidence—certificate signed by principal etc","content":"153A Evidence—certificate signed by principal etc\n(1) This section applies in relation to a proceeding for an offence against\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) A certificate that appears to be signed by the principal of a\ngovernment or non-government school, that states any of the\nfollowing matters, is evidence of the matters:\n(a) that a stated child was or was not enrolled at the school;\n(b) that a stated child did or did not attend the school.\n(3) A certificate that appears to be signed by a person conducting an\napproved educational course, that states any of the following matters,\nis evidence of the matters:\n(a) that a stated child was or was not enrolled at the course;\n(b) that a stated child did or did not attend the course.\n(4) A certificate that appears to be signed by the registrar (however\ndescribed) of an education provider or training alternative provider\nand that states any of the following matters, is evidence of the matters:\n(a) that a stated child was or was not enrolled with the provider;\n(b) that a stated child did or did not attend the provider.\n(5) A certificate that appears to be signed by a child’s employer or\npurported employer in relation to an employment alternative and that\nstates any of the following matters, is evidence of the matters:\n(a) that a stated child was or was not employed with the employer\nor purported employer;\n(b) that a stated child worked for stated hours.\n(6) A certificate mentioned in this section may state a matter by reference\nto a date or period.\n\n","sortOrder":227},{"sectionNumber":"154","sectionType":"section","heading":"Approved forms","content":"154 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":228},{"sectionNumber":"155","sectionType":"section","heading":"Regulation-making power","content":"155 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 10 penalty units for the offences.\n(3) A regulation may apply, adopt or incorporate a law or instrument as\nin force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n(4) The Legislation Act, section 47 (6) does not apply to an instrument\nmentioned in subsection (3).\n\nTransitional—Education Amendment Act 2024 Chapter 11\n","sortOrder":229},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional—Education","content":"Chapter 11 Transitional—Education\nAmendment Act 2024\n","sortOrder":230},{"sectionNumber":"314","sectionType":"section","heading":"Definitions—ch 11","content":"314 Definitions—ch 11\ndisapplication period means the period beginning on 1 January 2025\nand ending on 1 January 2027.\ndistance education provisions means the following provisions:\n(a) section 104A (Provide distance education without being\nregistered school);\n(b) sections 127BB to 127BD.\nexternal school means a school outside the ACT.\n","sortOrder":231},{"sectionNumber":"315","sectionType":"section","heading":"Distance education provided by school outside ACT","content":"315 Distance education provided by school outside ACT\n(a) before 1 April 2024—\n(i) a child living in the ACT is enrolled in an external school;\nand\n(ii) the child participates in distance education provided by the\nexternal school; and\n(b) the child has not ceased participating in the distance education\nprovided by the external school over the period beginning on\n1 April 2024 and ending on 1 January 2025, other than for a\nperiod that is not a school day or a period for which the child’s\nparents have an excuse that the director-general is satisfied is a\nreasonable excuse; and\n\nChapter 11 Transitional—Education Amendment Act 2024\n(c) during the disapplication period—\n(i) the child continues to participate in the distance education\nprovided by the external school; and\n(ii) the external school is not—\n(A) registered to provide distance education under this\nAct; or\n(B) the subject of a determination under section 127BD.\n(2) The distance education provisions do not apply in relation to the\nexternal school during the disapplication period, for as long as the\nchild participates in the distance education provided by the school.\n(3) Section 127BE (Eligibility for distance education) does not apply in\nrelation to the child for as long as the child participates in the distance\neducation provided by the external school during the disapplication\nperiod.\n","sortOrder":232},{"sectionNumber":"316","sectionType":"section","heading":"Transitional regulations","content":"316 Transitional regulations\n(1) A regulation may prescribe transitional matters necessary or\nconvenient to be prescribed because of the enactment of the\nEducation Amendment Act 2024.\n(2) A regulation may modify this chapter (including in relation to another\nterritory law) to make provision in relation to anything that, in the\nExecutive’s opinion, is not, or is not adequately or appropriately,\ndealt with under this chapter.\n(3) A regulation under subsection (2) has effect despite anything\nelsewhere in this Act or another territory law.\nNote A transitional provision under s (1) continues to have effect after its\nrepeal, however, a modification under s (2) has no ongoing effect after its\nrepeal (see Legislation Act, s 88).\n\nTransitional—Education Amendment Act 2024 Chapter 11\n","sortOrder":233},{"sectionNumber":"317","sectionType":"section","heading":"Expiry—ch 11","content":"317 Expiry—ch 11\nThis chapter expires on 1 January 2027.\n\n(see pt 6.1)\nitem\n1 12A issue exemption\ncertificate for shorter\nperiod than applied\nfor\n2 12A issue exemption\ncertificate exempting\nchild from full-time\nparticipation\nrequirement—\nparticipation stated in\ncertificate\n3 12A refuse to issue\nexemption certificate\n4 12C issue exemption\ncertificate subject to\n5 13 revoke exemption\ncertificate\nchild’s parents director-general\n6 14A issue approval\nstatement for shorter\nperiod than applied\nfor\n7 14A issue approval\nstatement approving\nother than full-time\nparticipation—\nparticipation stated in\nstatement\n8 14A refuse to issue\napproval statement\n\nReviewable decisions Schedule 1\nitem\n9 14C (4) issue approval\nstatement subject to\n10 15A revoke approval\nstatement\nchild’s parents director-general\n11 26 (3) refuse to waive fee applicant Minister\n12 17H suspend student from\na government school\nstudent or parent\nof student\ndirector-general\n13 17P transfer student from\na government school\nparent of student director-general\n14 17ZA exclude student from\nenrolling at any\ngovernment school\nparent of student director-general\n15 88 refuse in-principle\napproval\nin-principle\napproval\n16 92 (2) refuse to register\nregistration of\n17 93 register\nschool subject to\nregistration of\n18 101 (3) refuse to amend\nschool’s registration\n19 102 (1) amend\nschool’s registration\nsubject to condition\n20 120 give compliance\ndirection\nregistrar\n\nitem\n21 125A take regulatory action proprietor of\n22 131 (3) refuse to register\neducation\n23 131 (3) register child for\nhome education for\nless than 2 years\n24 135 (1) cancel registration of\neducation\n25 137 (3) refuse to renew\nregistration of child\nfor home education\n26 137 (3) renew registration of\neducation for shorter\nperiod than period\napplied for\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACAT\n• ACT\n• administrative unit\n• appoint\n• Australian citizen\n• child\n• contravene\n• corporation\n• Corporations Act\n• director-general (see s 163)\n• exercise\n• fail\n• financial year\n• foreign country\n• function\n• public notice\n• reviewable decision notice\n• State\n• territory law.\nAboriginal or Torres Strait Islander person means a person who—\n(a) is a descendant of an Aboriginal person or a Torres Strait\nIslander person; and\n(b) identifies as an Aboriginal person or a Torres Strait Islander\nperson; and\n\n(c) is accepted as an Aboriginal person or a Torres Strait Islander\nperson by an Aboriginal community or Torres Strait Islander\ncommunity.\nadvisory committee, for chapter 4A (School education advisory\ncommittee) means an advisory committee established under\nsection 126.\nappointed member—\nwhich section 43 (Composition of school boards of school-\nrelated institutions and other schools in special circumstances)\napplies—see section 42 (Composition of school boards of small\napproval statement, for division 2.4.2 (Approval to participate in\ntraining and employment alternatives)—see section 13D.\napproved educational course means—\n(a) an approved educational course (government); or\n(b) an approved educational course (non-government).\napproved educational course (government)—see section 31 (1).\napproved educational course (non-government)—see\nsection 125D (1).\nat—a student is a student at a school if the student is enrolled at the\nauthorised person means an authorised person (government) or\nauthorised person (non-government).\n\nauthorised person (government) means a person who is an\nauthorised person (government) under section 67.\nauthorised person (non-government)—see section 125L.\nboard appointed member—\n(b) for a school board of a small school, other than a school to which\napplies—see section 42 (Composition of school boards of small\nCatholic system school means a non-government school for which\nthe trustees of the Roman Catholic Church for the Archdiocese of\nCanberra and Goulburn are the proprietors.\ncompletes year 10—see section 9B.\ncompletes year 12—see section 9C.\ncompliance direction—see section 120 (2).\ncompliance notice, for chapter 2 (Compulsory education)—see\nsection 16B.\ncompulsory education age—see section 9.\nconnected, for part 4.6 (Non-government schools—authorised\ncontact details, for a person, includes the person’s home address,\npostal address (if different from the home address), email address and\ntelephone number.\n\ndecision-maker—\n(a) for a school, for chapter 2A (Suspension, transfer, expulsion and\nexclusion of students)—see section 17C; or\n(b) for part 6.1 (Notification and review of decisions)—see\nsection 140.\ndelegated principal, for a government school or Catholic system\nschool, for chapter 2A (Suspension, transfer, expulsion and exclusion\nof students)—see section 17C.\ndirector of Catholic education means the Director, Catholic\nEducation, Archdiocese of Canberra and Goulburn.\ndistance education—see section 127BA.\ndistance education policy—see section 127BC.\neducational course means a course of teaching and learning directed\ntoward acquiring a particular area of knowledge and skills.\neducation course—see section 9A.\neducation provider—see section 9A.\nemployment alternative—see section 13B.\nexclude, a student—\n(a) for a student at a government school, for chapter 2A\n(Suspension, transfer, expulsion and exclusion of students)—\nsee section 17C; or\n(b) for a student at a Catholic system school, for chapter 2A\n(Suspension, transfer, expulsion and exclusion of students)—\nsee section 17C.\nexemption certificate, for chapter 2 (Compulsory education)—see\nsection 11H.\nexpel, a student at a school, for chapter 2A (Suspension, transfer,\nexpulsion and exclusion of students)—see section 17C.\n\nfull-time participation—\n(a) in an education course, for division 2.2.2 (Participation\nrequirement)—see section 10C; and\n(b) in a training or employment alternative, for part 2.4 (After\nyear 10—training and employment alternatives)—see\nsection 13C.\nfull-time participation requirement, for part 2.3 (Exemption\ncertificates)—see section 11G.\ngoverning body, of a non-government school, means the body\nresponsible for the governance, conduct and management of the\ngovernment-funded preschool program means a preschool program\ndelivered by an entity that receives funding for the program from the\nTerritory, other than funding paid by the Territory under an\narrangement with the Commonwealth.\ngovernment or non-government school means a government school\nor a non-government school.\ngovernment school—\n(a) means a school established under section 20 (1); and\n(b) except for section 20—includes a school-related institution\nestablished under section 20 (3).\nhalf-year, for part 3.4 (School boards of government schools)—see\nsection 37.\nhome education, in relation to a child, means education conducted by\n1 or both of the child’s parents from a home base.\nhome education report, for chapter 5 (Home education)—see\nsection 127C.\nindependent school means a non-government school that is not a\nCatholic system school.\n\ninformation notice—see section 11C (1).\nin-principle approval, for registration of a school, means in-principle\napproval applied for under section 86.\ninternally reviewable decision, for part 6.1 (Notification and review\nof decisions)—see section 140.\ninternal reviewer for part 6.1 (Notification and review of\ninternal review notice, for part 6.1 (Notification and review of\nkey individual for a corporation, means an individual who—\n(a) is an officer of the corporation within the meaning of the\nCorporations Act, section 9; or\n(b) is responsible for executive decisions of the corporation; or\n(c) is concerned with, or takes part in, the management of the\ncorporation; or\n(d) manages or supervises the provision of school education for the\ncorporation under an arrangement with the corporation.\nlevels of education, provided by a school, means the year levels of\neducation provided by the school.\nExamples—year levels\nkindergarten, year 6\nmoney, for part 3.4 (School boards of government schools)—see\nsection 37.\nnew registration, for chapter 5 (Home education)—see section 127C.\nnon-government school means a school that is not a government\n\nnotice of regulatory action—see section 125A (3).\nnotifiable change—see section 96 (1).\noccupier, of premises, for part 4.6 (Non-government schools—\nauthorised people)—see section 125K.\noffence, for part 4.6 (Non-government schools—authorised\nparent—see section 6.\nparents and citizens association, for part 3.4 (School boards of\ngovernment schools)—see section 37.\nparents and citizens member—\nwhich section 43 applies—see section 42 (Composition of\nschool boards of small schools).\nparticipates, in an education course, for division 2.2.2 (Participation\nrequirement)—see section 10B.\npermanent resident—see the Australian Citizenship Act 2007\n(Cwlth), section 5.\npremises, for part 4.6 (Non-government schools—authorised\n\npreschool program means a preschool program under the Education\nand Care Services National Law (ACT), section 5 (1).\nprescribed period, for part 3.4 (School boards of government\nschools)—see section 37.\nprincipal, of a non-government school, means—\n(a) a person appointed to the position (including a person appointed\nto act in the position) of principal of the school; or\n(b) if no one is appointed to the position or the school has no\nposition by that name—the person responsible for the school’s\nday-to-day management.\npriority enrolment area, for a government school—see\nsection 21A (1).\nproposed campus—see section 86 (2) (a).\nproposed change day—\n(a) for a notifiable change—see section 96 (4) (a); and\n(b) for a registrable change—see section 98 (1) (a).\nproposed starting day—see section 86 (2) (a) (ii).\nproprietor, of a non-government school, means the entity that owns\nthe school.\nregistered campus, of a registered school—see section 95 (2) (c).\nregistered non-government school means a non-government school\nregistered under part 4.3 (Non-government schools—registration).\nregistered school means a non-government school registered under\npart 4.3 (Non-government schools—registration).\n\nregister of enrolments and attendances means—\n(a) for a government school—the register kept under section 32 for\n(b) for an approved educational course (government)—the register\nkept under section 32 for the course; and\n(c) for a registered non-government school—see section 125E; and\n(d) for an approved educational course (non-government)—see\nsection 125E.\nregister of non-government schools means the register kept by the\nregistrar under section 106.\nregistrable change—see section 97 (1).\nregistrar—see section 73.\nregistration condition—see section 93.\nregistration review, of a registered school, for chapter 4\n(Non-government schools)—see section 108.\nregistration review guidelines—see section 117.\nregistration standards—see section 84.\nregistration standards advisory board means the Registration\nStandards Advisory Board established under section 75.\nregulated activity—see the Working with Vulnerable People\n(Background Checking) Act 2011, section 8.\nExamples—regulated activities\n• child education services\n• child accommodation services\n• counselling and support services for children\n• commercial services for children\n\nregulatory action, against the proprietor of a registered school, for\nchapter 4 (Non-government schools)—see section 121.\nreviewable decision, for part 6.1 (Notification and review of\nschool means an institution providing 1 or more levels of education\nfrom kindergarten to year 12.\nNote 1 A school may also deliver a preschool program (see Education and Care\nServices National Law (ACT), s 5 (1), def education and care service).\nNote 2 The Education and Care Services National Law (ACT) Act 2011 s 6\nif it were an ACT law called the Education and Care National Law\n(ACT).\nschool board, of a government school, means the school board of the\nschool established under section 38.\nschool day, for a school, means a day that is not—\n(a) a Saturday or Sunday; or\n(b) a public holiday in the ACT; or\n(c) a day designated as a school holiday for the school; or\n(d) any other day on which the school is not operating as a school.\nExample—day on which a school is not operating as a school\npupil-free day\nschool-related institution—see section 20 (3).\nshow cause notice—see section 124.\nsmall school, for part 3.4 (School boards of government schools)—\nsee section 37.\nstaff, of a school, means the principal and teachers of, and other\npeople employed at, the school.\n\nstaff member—\nwhich section 43 applies—see section 42 (Composition of\nschool boards of small schools).\nstudent means a person enrolled at an education provider for the\npurpose of the provider’s education course.\nstudent movement register—see section 10AA.\nsuspend, a student at a school, for chapter 2A (Suspension, transfer,\nexpulsion and exclusion of students)—see section 17C.\nsuspension notice—see section 17I.\ntraining alternative—see section 13A.\ntraining alternative provider—see section 13A.\ntransfer, a student at a government school, for chapter 2A\n(Suspension, transfer, expulsion and exclusion of students)—see\nsection 17C.\ntransferring school—see section 17P.\nunsafe or noncompliant, behaviour for chapter 2A (Suspension,\ntransfer, expulsion and exclusion of students)—see section 17B.\nyoung person, for part 6.1A (Information sharing)—see\nsection 145B.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":234},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEducation Act 2004 A2004-17\nnotified LR 8 April 2004\ns 1, s 2 commenced 8 April 2004 (LA s 75 (1))\nremainder commenced 1 January 2005 (s 2)\nas amended by\nEducation Amendment Act 2006 A2006-28\nnotified LR 15 June 2006\ns 1, s 2 commenced 15 June 2006 (LA s 75 (1))\nremainder commenced 16 June 2006 (s 2)\nEducation Amendment Act 2006 (No 2) A2006-57\nnotified LR 19 December 2006\ns 1, s 2 commenced 19 December 2006 (LA s 75 (1))\nremainder commenced 20 December 2006 (s 2)\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 3 pt 3.12, sch 4 pt 4.14\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 3 pt 3.12 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 4 pt 4.14 commenced 27 February 2009 (s 2 (5) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see\nCN2008-13))\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.33\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.33 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.25\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.25 commenced 22 September 2009 (s 2)\n\nEducation (Participation) Amendment Act 2009 A2009-40\nnotified LR 17 November 2009\ns 1, s 2 commenced 17 November 2009 (LA s 75 (1))\nremainder commenced 1 January 2010 (s 2)\nEducation Amendment Act 2010 A2010-7\nnotified LR 3 March 2010\ns 1, s 2 commenced 3 March 2010 (LA s 75 (1))\nremainder commenced 4 March 2010 (s 2)\nStatute Law Amendment Act 2010 A2010-18 sch 1 pt 1.6, sch 3 pt 3.4\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 1 pt 1.6, sch 3 pt 3.4 commenced 3 June 2010 (s 2)\nEducation Amendment Act 2010 (No 2) A2010-22\nnotified LR 6 July 2010\ns 1, s 2 commenced 6 July 2010 (LA s 75 (1))\nremainder commenced 7 July 2010 (s 2)\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.16\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.16 commenced 1 March 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.57\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.57 commenced 1 July 2011 (s 2 (1))\nEducation Amendment Act 2011 A2011-51\nnotified LR 24 November 2011\ns 1, s 2 commenced 24 November 2011 (LA s 75 (1))\nremainder commenced 1 January 2012 (s 2 and see Education and\nCare Services National Law (ACT) Act 2011 A2011-42, s 2 and\nCN2011-16)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.14\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.14 commenced 5 June 2012 (s 2 (1))\n\nTraining and Tertiary Education Amendment Act 2014 A2014-48 sch 1\npt 1.8\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\nsch 1 pt 1.8 commenced 20 November 2014 (s 2)\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.5\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.5 commenced 10 June 2015 (s 2)\nAnnual Reports (Government Agencies) Amendment Act 2015\nA2015-16 sch 1 pt 1.8\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 1 pt 1.8 commenced 3 June 2015 (s 2)\nEducation Amendment Act 2015 A2015-18\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\nremainder commenced 1 July 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.19\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.19 commenced 14 October 2015 (s 2)\nEducation (Child Safety in Schools) Legislation Amendment Act 2019\nA2019-4 pt 3\nnotified LR 4 March 2019\ns 1, s 2 commenced 4 March 2019 (LA s 75 (1))\npt 3 commenced 5 March 2019 (s 2 (2))\nEducation Amendment Act 2019 A2019-47\nnotified LR 9 December 2019\ns 1, s 2 commenced 9 December 2019 (LA s 75 (1))\nremainder commenced 9 June 2020 (s 2 and LA s 79)\n\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.11\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.11 commenced 14 May 2020 (s 2 (1))\nEducation Amendment Act 2020 A2020-38 pt 2\nnotified LR 20 August 2020\ns 1, s 2 commenced 20 August 2020 (LA s 75 (1))\npt 2 commenced 1 January 2021 (s 2)\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.9\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\nsch 1 pt 1.9 commenced 20 February 2021 (s 2 (1))\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.5\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.5 commenced 6 April 2022 (s 2)\nEducation Amendment Act 2022 A2022-10 pt 2, pt 3\nnotified LR 17 June 2022\ns 1, s 2 commenced 17 June 2022 (LA s 75 (1))\npt 2, pt 3 commenced 20 December 2022 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.11\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.11 commenced 24 August 2022 (s 2)\nEducation (Early Childhood) Legislation Amendment Act 2023\nA2023-54 pt 4\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\ns 93, s 96 commenced 12 December 2023 (s 2 (2))\npt 4 remainder commenced 1 January 2024 (s 2 (1))\n\nEducation Amendment Act 2024 A2024-39 pt 2\nnotified LR 12 September 2024\ns 1, s 2 commenced 12 September 2024 (LA s 75 (1))\npt 2 commenced 1 January 2025 (s 2)\nEducation Amendment Act 2025 A2025-10\nnotified LR 15 April 2025\ns 1, s 2 commenced 15 April 2025 (LA s 75 (1))\nremainder commenced 16 April 2025 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.63\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.63 commenced 16 December 2025 (s 2 (6))\n\nCommencement\ns 2 om LA s 89 (4)\ns 3 am A2023-54 s 83\nMeaning of parent\ns 6 am A2008-20 amdt 3.26, amdt 4.37\nsub A2023-54 s 84\nGeneral principles of Act\ns 7 am A2006-57 s 4, s 5, s 55; A2022-14 amdt 3.65; A2023-54\nss 85-89; ss, pars renum R35 LA; A2024-39 s 4\nMain objects of Act\ns 8 am A2006-57 s 6, s 7; A2009-40 s 4; pars renum R9 LA;\nA2022-10 s 4, s 20; A2023-54 s 90, s 91; pars renum R35 LA\nEarly childhood education\nch 1A hdg ins A2023-54 s 92\nEligible children may attend government-funded preschool programs\ns 8A ins A2023-54 s 92\nProcedures to encourage attendance at preschool programs delivered by\ns 8B ins A2023-54 s 92\nCompulsory education\nch 2 hdg sub A2009-40 s 5\nPreliminary—ch 2\npt 2.1 hdg ins A2009-40 s 5\nMeaning of compulsory education age\ns 9 hdg sub A2022-10 s 5\ns 9 sub A2009-40 s 5\nam A2022-10 s 6\nMeaning of education course and education provider\ns 9A ins A2009-40 s 5\nam A2011-22 amdt 1.183; A2014-48 amdt 1.17; A2022-10\ns 21; A2025-29 amdt 4.63\nMeaning of completes year 10\ns 9B ins A2009-40 s 5\nam A2011-22 amdt 1.183; A2020-38 s 22; A2025-29\namdt 4.63\n\nMeaning of completes year 12\ns 9C ins A2009-40 s 5\nam A2011-22 amdt 1.183; A2015-15 amdt 3.25; A2020-38\ns 22; A2025-29 amdt 4.63\nGuidelines—certain director-general functions\ns 9D hdg am A2011-22 amdt 1.183\ns 9D ins A2009-40 s 5\nam A2011-22 amdt 1.183, amdt 1.184; A2019-47 s 4;\nA2024-39 s 5; A2025-29 amdt 4.63\nCompulsory education requirements\npt 2.2 hdg ins A2009-40 s 5\nEnrolment, registration and attendance requirements\ndiv 2.2.1 hdg ins A2009-40 s 5\nChild of compulsory education age—enrolment and registration requirement\ns 10 am A2006-57 s 8\nam A2010-18 amdt 1.13; ss renum R11 LA; A2011-3\namdt 3.183; A2011-22 amdt 1.183, amdt 1.184; A2020-38\ns 22\nChild of compulsory education age—when enrolment starts\ns 10AAA ins A2024-39 s 6\nChild of compulsory education age—school attendance requirement\ns 10A ins A2009-40 s 5\nam A2011-22 amdt 1.183, amdt 1.184; A2020-38 s 4; pars\nrenum R27 LA; A2022-10 s 22; A2024-39 s 7\nStudent movement register\ns 10AA ins A2022-10 s 7\nam A2024-39 ss 8-10\nStudent movement register—procedures\ns 10AB ins A2022-10 s 7\nStudent movement register—parental notice\ns 10AC ins A2024-39 s 11\nParticipation requirement\ndiv 2.2.2 hdg ins A2009-40 s 5\nMeaning of participates in education course—div 2.2.2\ns 10B ins A2009-40 s 5\nMeaning of full-time participation in education course—div 2.2.2\ns 10C ins A2009-40 s 5; A2011-22 amdt 1.184\n\nChild of compulsory education age—participation requirement\ns 10D ins A2009-40 s 5\nam A2011-22 amdt 1.183, amdt 1.184; A2020-38 s 4; pars\nrenum R27 LA; A2022-10 s 23\nParticipation requirement—absence\ns 11 sub A2009-40 s 5\nParticipation requirement—suspension\ns 11A ins A2009-40 s 5\nParticipation requirement—exclusion\ns 11B ins A2009-40 s 5\nInformation notices\ndiv 2.2.3 hdg renum and reloc as pt 2.4A hdg\nGiving information notice\ns 11C renum and reloc as s 16AA\nContents of information notice\ns 11D renum and reloc as s 16AB\nExtension of time for compliance with information notice\ns 11E renum and reloc as s 16AC\nRevocation of information notice on compliance\ns 11F renum and reloc as s 16AD\nExemption certificates\npt 2.3 hdg ins A2009-40 s 5\nMeaning of full-time participation requirement—pt 2.3\ns 11G ins A2009-40 s 5\nExemption certificate—application\ns 11H ins A2009-40 s 5\nam A2011-22 amdt 1.183; A2020-38 s 22\nExemption certificate—requirement for further information\ns 12 sub A2009-40 s 5\nExemption certificate—issue\ns 12A ins A2009-40 s 5\nam A2011-22 amdt 1.183; A2024-39 s 16; pars renum R36 LA\nExemption certificate—form\ns 12B ins A2009-40 s 5\nam A2024-39 s 17\nExemption certificate—conditions\ns 12C ins A2009-40 s 5\n\nExemption certificate—duration\ns 12D ins A2009-40 s 5\nExemption certificate—revocation\ns 13 am A2008-20 amdt 4.38\nAfter year 10—training and employment alternatives\npt 2.4 hdg ins A2009-40 s 5\nDefinitions—pt 2.4\ndiv 2.4.1 hdg ins A2009-40 s 5\nMeaning of training alternative and training alternative provider—Act\ns 13A ins A2009-40 s 5\nam A2011-22 amdt 1.183; A2025-29 amdt 4.63\nMeaning of employment alternative—Act\ns 13B ins A2009-40 s 5\nMeaning of full-time participation in training or employment alternative—\npt 2.4\ns 13C ins A2009-40 s 5\nApproval to participate in training and employment alternatives\ndiv 2.4.2 hdg ins A2009-40 s 5\nApproval statement—application\ns 13D ins A2009-40 s 5\nam A2011-22 amdt 1.183; A2020-38 s 22\nApproval statement—requirement for further information\ns 14 sub A2009-40 s 5\nApproval statement—issue\ns 14A ins A2009-40 s 5\nam A2011-22 amdt 1.183; A2024-39 s 18, s 19; pars renum\nR36 LA\nApproval statement—form\ns 14B ins A2009-40 s 5\nApproval statement—conditions\ns 14C ins A2009-40 s 5\nApproval statement—compliance requirement\ns 14D ins A2009-40 s 5\n\nApproval statement—duration\ns 15 sub A2009-40 s 5\nApproval statement—revocation\ns 15A ins A2009-40 s 5\nReturn to education while approval statement in force\ns 15B ins A2009-40 s 5\nTraining and employment alternatives—deemed participation\ndiv 2.4.3 hdg ins A2009-40 s 5\nTraining and employment alternatives—absence\ns 15C ins A2009-40 s 5\nTraining alternative—suspension\ns 15D ins A2009-40 s 5\nTraining alternative—exclusion\ns 16 sub A2009-40 s 5\nEmployment alternative—termination\ns 16A ins A2009-40 s 5\nInformation notices\npt 2.4A hdg (prev div 2.2.3 hdg) ins A2009-40 s 5\nsub A2024-39 s 12\nrenum and reloc as pt 2.4A hdg A2024-39 s 15\nGiving information notice\ns 16AA (prev s 11C) ins A2009-40 s 5\nam A2011-22 amdt 1.183; A2022-10 s 24, s 25\nsub A2024-39 s 13\nrenum and reloc as s 16AA A2024-39 s 14, s 15\nContents of information notice\ns 16AB (prev s 11D) ins A2009-40 s 5\nrenum and reloc as s 16AB A2024-39 s 14, s 15\nExtension of time for compliance with information notice\ns 16AC (prev s 11E) ins A2009-40 s 5\nrenum and reloc as s 16AC A2024-39 s 14, s 15\nRevocation of information notice on compliance\ns 16AD (prev s 11F) ins A2009-40 s 5\nrenum and reloc as s 16AD A2024-39 s 14\n\nCompliance notices\npt 2.5 hdg ins A2009-40 s 5\nGiving compliance notice\ns 16B ins A2009-40 s 5\nam A2011-22 amdt 1.183; A2024-39 s 20, s 21; pars renum\nR36 LA\nContents of compliance notice\ns 16C ins A2009-40 s 5\nExtension of time for compliance with compliance notice\ns 16D ins A2009-40 s 5\nRevocation of compliance notice on compliance\ns 17 am A2006-57 s 9\nOffences—parents\npt 2.6 hdg ins A2009-40 s 5\nContravention of information and compliance notices\ns 17A ins A2009-40 s 5\nSuspension, transfer, expulsion and exclusion of students\nch 2A hdg ins A2022-10 s 8\nSuspension, transfer, expulsion and exclusion—generally\npt 2A.1 hdg ins A2022-10 s 8\nMeaning of unsafe or noncompliant behaviour—ch 2A\ns 17B ins A2022-10 s 8\nDefinitions—ch 2A\ns 17C ins A2022-10 s 8\ndef decision-maker ins A2022-10 s 8\ndef delegated principal ins A2022-10 s 8\ndef exclude ins A2022-10 s 8\ndef expel ins A2022-10 s 8\ndef reasonable alternative ins A2022-10 s 8\ndef suspend ins A2022-10 s 8\ndef transfer ins A2022-10 s 8\nExhausting all reasonable alternatives\ns 17D ins A2022-10 s 8\nCommunicating with students and parents\ns 17E ins A2022-10 s 8\n\nNotification not required in certain circumstances\ns 17F ins A2022-10 s 8\nSuspension\npt 2A.2 hdg ins A2022-10 s 8\nSuspension to ensure safe and effective learning environment\ns 17G ins A2022-10 s 8\nSuspension\ns 17H ins A2022-10 s 8\nSuspension—notice\ns 17I ins A2022-10 s 8\nSuspension—length\ns 17J ins A2022-10 s 8\nSuspension—government and Catholic system schools—principal’s\ns 17K ins A2022-10 s 8\nSuspension—involving student and parents\ns 17L ins A2022-10 s 8\nSuspension—student’s education and counselling\ns 17M ins A2022-10 s 8\nSuspension—review of student’s circumstances\ns 17N ins A2022-10 s 8\nSuspension—government and Catholic system schools—delegation\ns 17O ins A2022-10 s 8\nsub A2023-54 s 93\nTransfers between government schools\npt 2A.3 hdg ins A2022-10 s 8\nTransfer\ns 17P ins A2022-10 s 8\nTransfer—notice\ns 17Q ins A2022-10 s 8\nTransfer—principal’s recommendation\ns 17R ins A2022-10 s 8\nTransfer—involving student and parents\ns 17S ins A2022-10 s 8\nTransfer—counselling\ns 17T ins A2022-10 s 8\nExpulsion from Catholic system schools and independent schools\npt 2A.4 hdg ins A2022-10 s 8\n\nExpulsion\ns 17U ins A2022-10 s 8\nExpulsion—notice\ns 17V ins A2022-10 s 8\nExpulsion—Catholic system schools—principal’s recommendation\ns 17W ins A2022-10 s 8\nExpulsion—involving student and parents\ns 17X ins A2022-10 s 8\nExpulsion—counselling\ns 17Y ins A2022-10 s 8\nExcluding a student from a system of schools\npt 2A.5 hdg ins A2022-10 s 8\nExclusion—government schools\ndiv 2A.5.1 hdg ins A2022-10 s 8\nApplication—div 2A.5.1\ns 17Z ins A2022-10 s 8\nExclusion—government schools\ns 17ZA ins A2022-10 s 8\nExclusion—government schools—notice\ns 17ZB ins A2022-10 s 8\nExclusion—government schools—principal’s recommendation\ns 17ZC ins A2022-10 s 8\nExclusion—government schools—involving student and parents\ns 17ZD ins A2022-10 s 8\nExclusion—government schools—ongoing education and counselling\ns 17ZE ins A2022-10 s 8\nExclusion—Catholic system schools\ndiv 2A.5.2 hdg ins A2022-10 s 8\nExclusion—Catholic system schools\ns 17ZF ins A2022-10 s 8\nExclusion—Catholic system schools—notice\ns 17ZG ins A2022-10 s 8\nExclusion—Catholic system schools—principal’s recommendation\ns 17ZH ins A2022-10 s 8\nExclusion—Catholic system schools—involving student and parents\ns 17ZI ins A2022-10 s 8\n\nExclusion—Catholic system schools—counselling\ns 17ZJ ins A2022-10 s 8\nPrinciples on which ch 3 based\ns 18 am A2006-57 s 55\nMinister to seek advice\ns 19 reloc and renum as s 66\nEstablishing government schools etc\ns 20 am A2006-28 s 4; A2010-18 amdt 3.4; A2010-22 ss 4-7;\nA2011-51 s 4; A2015-33 amdt 1.47, amdt 1.48; A2022-10\ns 26\nIndependent committee\ns 20A ins A2010-22 s 8\nam A2022-4 amdt 1.12, amdt 1.13\nImpacts of closing or amalgamating government schools\ns 20B hdg sub A2022-10 s 27\ns 20B ins A2010-22 s 8\nam A2022-10 s 28; A2023-54 s 94\nOperation of government schools\ns 21 am A2011-22 amdt 1.183; A2020-38 s 5; ss renum R27 LA;\nA2022-10 s 29; A2024-39 s 22, s 23\nPriority enrolment areas\ns 21A ins A2024-39 s 24\nInvestigation of complaints—government schools\ns 22 am A2011-22 amdt 1.183, amdt 1.184; A2015-16 amdt 1.9\nReview of government school system\ns 23 am A2011-22 amdt 1.183\nReview of operation of government schools\ns 24 am A2011-22 amdt 1.183\nReporting to parents—government schools\ns 25 am A2006-57 s 55\nEducation to be free\ns 26 am A2020-38 s 6; ss renum R27 LA; A2022-10 s 30, s 31\nVoluntary financial contributions\ns 27 am A2006-57 s 55\nReligious education\ns 29 am A2006-57 s 55\nCurriculum\ns 30 am A2006-57 s 55; A2011-22 amdt 1.183\n\nApproved educational courses for students at government schools\ns 31 hdg am A2006-57 s 55\ns 31 am A2006-57 s 55; A2011-22 amdt 1.183; A2022-10 s 32;\nA2024-39 s 25\nKeeping records of enrolment and attendances for government schools\ns 33 am A2006-57 s 55; A2024-39 s 26\nInspection of register of enrolment and attendances for government schools\ns 34 am A2006-57 s 55; A2011-22 amdt 1.183\nProcedures to encourage school attendance at government schools\ns 35 am A2006-57 s 55; A2024-39 s 27\nSuspension, exclusion or transfer of student by director-general\ns 36 hdg am A2006-57 s 55; A2011-22 amdt 1.183\ns 36 am A2006-57 s 55; A2010-7 s 4; A2011-22 amdt 1.183,\namdt 1.184\nom A2022-10 s 9\nDefinitions for pt 3.4\ns 37 def money am A2011-22 amdt 1.183\ndef prescribed period am A2006-57 s 11, s 12\ndef school am A2011-51 s 5\ndef student om A2024-39 s 28\nEstablishment of school boards\ns 38 am A2011-51 s 6\nFunctions of school boards etc\ns 39 am A2011-22 amdt 1.183, amdt 1.184; A2015-16 amdt 1.10;\nss renum R20 LA\nDeclaration of parents and citizens associations in certain circumstances\ns 40 am A2006-57 s 13, s 14; A2011-3 amdt 3.184; A2011-22\namdt 1.183, amdt 1.184; A2025-29 amdt 4.63\nComposition of school boards generally\ns 41 hdg sub A2006-57 s 15\ns 41 am A2006-57 s 16; A2011-22 amdt 1.183; A2020-38 s 7\nComposition of school boards of small schools\ns 42 hdg sub A2006-57 s 17\ns 42 am A2006-57s 18; A2011-22 amdt 1.183; A2020-38 s 8\nComposition of school boards of school-related institutions and other\nschools in special circumstances\ns 43 hdg sub A2006-57 s 19\ns 43 am A2006-57 s 20; A2011-3 amdt 3.185; A2011-22\namdt 1.183; A2025-29 amdt 4.63\n\nEnding of appointment of members of school board\ns 44 am A2011-22 amdt 1.183\nChairperson and deputy chairperson of school boards\ns 45 am A2011-22 amdt 1.183\nSchool boards to take part in selection of school principals\ns 46 am A2011-22 amdt 1.183\nTime and place of meetings of school boards\ns 47 am A2011-22 amdt 1.183\nProcedures governing proceedings of school boards\ns 48 am A2006-57 s 21\nDisclosure of interests by members of school boards\ns 49 am A2011-22 amdt 1.183\nProtection of members of school boards\ns 49A (prev s 72) reloc and renum as s 49A A2006-57 s 26\nSchool boards to approve budgets\ns 50 am A2011-22 amdt 1.183\nSchool boards to approve financial statement and report\ns 52 am A2011-22 amdt 1.183; A2020-38 s 22\nGovernment Schools Education Council\npt 3.5 hdg om A2015-18 s 4\nEstablishment and membership\ndiv 3.5.1 hdg om A2015-18 s 4\nEstablishment of council (government)\ns 54 om A2015-18 s 4\nFunctions of council (government)\ns 55 am A2006-57 s 22\nMembership of council (government)\ns 56 am A2011-22 amdt 1.183\nAppointed members of council (government)\ns 57 om A2015-18 s 4\nDeputy chairperson of council (government)\ns 58 om A2015-18 s 4\nTerm of appointment to council (government)\ns 59 om A2015-18 s 4\nEnding of appointment to council (government)\ns 60 om A2015-18 s 4\n\nConditions of appointment generally of appointed members\ns 61 om A2015-18 s 4\nArrangements for staff\ns 62 am A2011-22 amdt 1.178, amdt 1.183, amdt 1.184\nProceedings of council (government)\ndiv 3.5.2 hdg om A2015-18 s 4\nTime and place of meetings of council (government)\ns 63 am A2011-22 amdt 1.183\nProcedures governing proceedings of council (government)\ns 64 om A2015-18 s 4\nDisclosure of interests by members of council (government)\ns 65 om A2015-18 s 4\nOther provisions relating to council (government)\ndiv 3.5.3 hdg ins A2006-57 s 23\nMinister to seek advice\ns 66 orig s 66 om A2006-57 s 24\n(prev s 19) reloc and renum as s 66 A2006-57 s 10\nMinister to present advice of council (government)\ns 66A (prev s 73) reloc and renum as s 66A A2006-57 s 27\nAppointment of authorised persons (government)\ns 67 am A2010-18 amdt 1.14; A2011-22 amdt 1.183; A2012-21\namdt 3.54, amdt 3.55; A2023-54 s 95\nIdentity cards for authorised persons (government)\ns 68 am A2011-22 amdt 1.183; A2022-14 amdt 3.66\nPower not to be exercised before identity card shown etc\ns 69 am A2022-14 amdt 3.67\ndiv 3.6.3 hdg om A2006-57 s 25\nNon-government schools\nch 4 hdg sub A2022-10 s 33\nNon-government schools—principles\npt 4.1 hdg sub A2022-10 s 33\n\nPrinciples—ch 4\ns 72 orig s 72\nreloc and renum as s 49A\npres s 72\nNon-government schools—administration\npt 4.2 hdg sub A2022-10 s 33\nRegistrar of non-government schools\ndiv 4.2.1 hdg ins A2022-10 s 33\nRegistrar—appointment\ns 73 orig s 73\nreloc and renum as s 66A\npres s 73\nRegistrar—functions\ns 74 sub A2022-10 s 33\nRegistration standards advisory board\ndiv 4.2.2 hdg ins A2022-10 s 33\nRegistration standards advisory board—establishment\ns 75 sub A2022-10 s 33\nRegistration standards advisory board—functions\ns 76 orig s 76\nreloc and renum as s 118\npres s 76\nRegistration standards advisory board—advice to Minister\ns 77 am A2022-4 amdt 1.14\nRegistration standards advisory board—membership\ns 78 sub A2022-10 s 33\nRegistration standards advisory board—term of appointment\ns 79 sub A2006-57 s 29\nRegistration standards advisory board—ending appointment\ns 80 sub A2022-10 s 33\nRegistration standards advisory board—facilities etc\ns 81 hdg am A2006-57 s 55\ns 81 am A2006-57 s 55\n\nRegistration standards advisory board—conduct of meetings\ns 82 am A2006-57 s 30, s 55; ss renum R4 LA\nRegistration standards advisory board—disclosure of interests\ns 83 am A2006-57 s 31, s 32; pars renum R4 LA; A2009-20\namdt 3.63; A2010-18 amdt 1.15; A2011-3 amdt 3.186;\nA2011-22 amdt 1.183; A2015-33 amdt 1.49, amdt 1.50;\nNon-government schools—registration\npt 4.3 hdg sub A2022-10 s 33\nNon-government schools registration standards\ndiv 4.3.1 hdg ins A2022-10 s 33\nNon-government schools registration standards\ns 84 am A2006-57 s 33, s 34; ss renum R4 LA; A2011-3\namdt 3.187; A2011-22 amdt 1.183\nExtending in-principle approval—COVID-19 emergency\ns 84A ins A2020-14 amdt 1.59\nam A2021-1 amdt 1.19\nRegistration standards guidelines\ns 85 am A2009-20 amdt 3.63; A2010-18 amdt 1.16; A2011-3\namdt 3.188; A2011-22 amdt 1.183; A2015-33 amdt 1.51;\nIn-principle approval for registration\ndiv 4.3.2 hdg ins A2022-10 s 33\nIn-principle approval—application\ns 86 am A2019-4 s 8; A2020-38 s 9; pars renum R27 LA\nam A2024-39 s 29\nIn-principle approval—further information\ns 87 am A2009-20 amdt 3.63; A2010-18 amdt 1.17; A2011-3\namdt 3.189; A2011-22 amdt 1.183; A2015-33 amdt 1.52;\nIn-principle approval—decision on application\ns 88 am A2019-4 s 9; A2020-38 s 10; pars renum R27 LA\nam A2024-39 s 30; pars renum R36 LA\n\nExtending registration—COVID-19 emergency\ns 88AA ins A2020-14 amdt 1.60\nam A2021-1 amdt 1.19\nApplication for registration at additional campus\ns 88A ins A2006-57 s 35\nam A2009-20 amdt 3.63; A2010-18 amdt 1.18; A2011-3 amdt\n3.190; A2011-22 amdt 1.183; A2015-33 amdt 1.53; A2020-38\ns 22\nRegistration at additional campus\ns 88B ins A2006-57 s 35\nam A2020-38 s 11; pars renum R27 LA\nRegistration\ndiv 4.3.3 hdg ins A2022-10 s 33\nRegistration—application\ns 89 am A2009-20 amdt 3.63; A2010-18 amdt 1.19; A2011-3\namdt 3.191; A2011-22 amdt 1.183; A2015-33 amdt 1.54;\nRegistration—further information\ns 90 am A2020-38 s 12, s 13; pars renum R27 LA\nRegistration—referral to registration standards advisory board\ns 91 am A2019-4 s 10; A2020-38 s 14; pars renum R27 LA\nam A2024-39 s 31\nRegistration—decision on application\ns 92 am A2006-57 s 36\nRegistration—conditions\ns 93 sub A2022-10 s 33\nam A2024-39 s 32; pars renum R36 LA\nRegistration—duration\ns 94 sub A2022-10 s 33\nRegistration—register and registration certificate\ns 95 am A2019-4 s 11\nam A2024-39 s 33\n\nAmending registration\ndiv 4.3.4 hdg ins A2022-10 s 33\nProprietor must tell registrar about notifiable changes\ns 96 am A2011-3 amdt 3.192; A2020-38 s 22\nam A2024-39 s 34, s 35; pars renum R36 LA\nProprietor must apply for registrable changes\ns 97 am A2019-4 s 12; A2020-38 s 15; pars renum R27 LA\nam A2024-39 s 36; pars renum R36 LA\nRegistration amendment—application\ns 98 am A2006-57 s 37; pars renum R4 LA; A2011-22 amdt 1.183\nam A2024-39 s 37, s 38; pars renum R36 LA; A2025-10 s 4\n(4), (5) exp 1 January 2026 (s 98 (5))\nRegistration amendment—further information\ns 99 sub A2022-10 s 33\nRegistration amendment—referral to registration standards advisory board\ns 100 am A2006-57 s 55\nam A2024-39 s 39\nRegistration amendment—decision on application\ns 101 am A2006-57 s 55; A2011-22 amdt 1.183\nam A2024-39 s 40; pars renum R36 LA\nRegistration amendment—conditions\ns 102 am A2006-57 s 55\nUrgent temporary change\ns 103 am A2006-57 s 55\nRegistration offences\ndiv 4.3.5 hdg ins A2022-10 s 33\nOffence—operate unregistered non-government school\ns 104 hdg sub A2006-57 s 38\ns 104 am A2006-57 s 55; A2010-7 s 5\nom A2022-10 s 10\nProvide distance education without being registered school\ns 104A ins A2024-39 s 41\n\nOffence—operate registered school other than within scope of registration\ns 105 hdg am A2006-57 s 55\ns 105 am A2006-57 s 55\nom A2022-10 s 10\nam A2024-39 s 42; ss renum R36 LA\nRegister of non-government schools\ndiv 4.3.6 hdg ins A2022-10 s 33\nRegister of registered non-government schools\ns 106 am A2006-57 s 39\nam A2024-39 s 43\nProprietor must update details\ns 107 am A2006-57 s 39\nNon-government schools—registration reviews\npt 4.4 hdg om A2015-18 s 5\nReasons to carry out registration review\ndiv 4.4.1 hdg om A2015-18 s 5\nMeaning of registration review—ch 4\ns 108 om A2015-18 s 5\nAnnual registration review program\ns 109 om A2015-18 s 5\nRegistration review after concern raised\ns 110 om A2015-18 s 5\nRegistrar to report concerns to registration standards advisory board\ns 111 om A2015-18 s 5\nReasons to not carry out registration review\ndiv 4.4.2 hdg om A2015-18 s 5\nConcern raised is frivolous etc\ns 112 om A2015-18 s 5\n\nConcern withdrawn\ns 113 om A2015-18 s 5\nReferral to school\ns 114 am A2011-22 amdt 1.179, amdt 1.183, amdt 1.184\nReferral to another entity\ns 115 om A2015-18 s 5\nCarrying out registration review\ndiv 4.4.3 hdg ins A2006-57 s 40\nRegistration review procedure\ns 116 om A2015-18 s 5\nRegistration review guidelines\ns 117 om A2015-18 s 5\nRequest for further information or verification\ns 118 orig s 118 om A2006-57 s 41\n(prev s 76) reloc and renum as s 118 A2006-57 s 28\nMinister to present advice of council (non-government)\ns 118A (prev s 127) reloc and renum as s 118A A2006-57 s 44\nRegistrar’s action on completing registration review\ns 119 am A2010-18 amdt 1.20; A2011-22 amdt 1.183\nCompliance directions\ndiv 4.4.4 hdg ins A2022-10 s 33\nIdentity cards for authorised persons (non-government)\ns 120 am A2011-22 amdt 1.183\nRegulatory action\ndiv 4.4.5 hdg ins A2022-10 s 33\nMeaning of regulatory action—ch 4\ns 121 sub A2022-10 s 33\n\nGrounds for taking regulatory action\ns 122 sub A2022-10 s 33\nRegistrar—referral to registration standards advisory board\ns 123 sub A2022-10 s 33\nNotification of proposed regulatory action\ns 124 sub A2022-10 s 33\nMinister—referral to registration standards advisory board\ns 125 sub A2022-10 s 33\nTaking regulatory action\ns 125A ins A2022-10 s 33\nWhen cancellation takes effect\ns 125B ins A2022-10 s 33\nNot taking regulatory action\ns 125C ins A2022-10 s 33\npt 4.5 hdg sub A2022-10 s 33\nAuthorised persons (non-government)\ndiv 4.5.1 hdg om A2022-10 s 33\nInspection powers for non-government schools\ndiv 4.5.2 hdg om A2022-10 s 33\ndiv 4.5.3 hdg om A2006-57 s 42\nApproved educational courses—registered schools\ns 125D ins A2022-10 s 33\nam A2024-39 s 44\nMeaning of register of enrolments and attendances—pt 4.5\ns 125E ins A2022-10 s 33\nam A2024-39 s 45, s 46\nKeeping register of enrolments and attendances—registered schools\ns 125F ins A2022-10 s 33\nProducing registers of enrolments and attendances—registered schools\ns 125G ins A2022-10 s 33\nKeeping registers of enrolments and attendances—approved educational\ncourses (non-government)\ns 125H ins A2022-10 s 33\n\nProducing registers of enrolments and attendances—approved educational\ncourses (non-government)\ns 125I ins A2022-10 s 33\nNonattendance at registered schools\ns 125J ins A2022-10 s 33\nom A2024-39 s 47\nNon-government schools—authorised people\npt 4.6 hdg ins A2022-10 s 33\nPreliminary\ndiv 4.6.1 hdg ins A2022-10 s 33\nDefinitions—pt 4.6\ns 125K ins A2022-10 s 33\ndef connected ins A2022-10 s 33\ndef occupier ins A2022-10 s 33\ndef offence ins A2022-10 s 33\ndef premises ins A2022-10 s 33\nAuthorised people (non-government)—generally\ndiv 4.6.2 hdg ins A2022-10 s 33\nMeaning of authorised person (non-government)\ns 125L ins A2022-10 s 33\nAppointment\ns 125M ins A2022-10 s 33\nAuthorised people (non-government)—functions\ns 125N ins A2022-10 s 33\nIdentity cards\ns 125O ins A2022-10 s 33\nAuthorised person (non-government) must show identity card on exercising\npower of entry\ns 125P ins A2022-10 s 33\nPowers\ndiv 4.6.3 hdg ins A2022-10 s 33\nEntry to premises\ns 125Q ins A2022-10 s 33\nProduction of identity card\ns 125R ins A2022-10 s 33\nConsent to entry\ns 125S ins A2022-10 s 33\nGeneral powers on entry to premises\ns 125T ins A2022-10 s 33\n\nPower to obtain information\ns 125U ins A2022-10 s 33\nAbrogation of privilege against self-incrimination\ns 125V ins A2022-10 s 33\nWarning to be given\ns 125W ins A2022-10 s 33\nSchool education advisory committee\nch 4A hdg ins A2015-18 s 6\nEstablishment of advisory committee\ns 126 om A2006-57 s 43\nins A2015-18 s 6\nAppointment of chair and members\ns 127 orig s 127\nreloc and renum as s 118A\npres s 127\nins A2015-18 s 6\nReimbursement of member’s expenses\ns 127A ins A2015-18 s 6\nAdvisory committee—terms of reference and procedures\ns 127B ins A2015-18 s 6\nDistance education\nch 4B hdg ins A2024-39 s 48\nMeaning of distance education\ns 127BA ins A2024-39 s 48\nProvision of distance education\ns 127BB ins A2024-39 s 48\nDistance education policy\ns 127BC ins A2024-39 s 48\nDistance education determination\ns 127BD ins A2024-39 s 48\nEligibility for distance education\ns 127BE ins A2024-39 s 48\nDefinitions—ch 5\ns 127C ins A2019-47 s 5\ndef home education report ins A2019-47 s 5\ndef new registration ins A2019-47 s 5\nRegistration—home education\npt 5.2 hdg note ins A2019-47 s 6\n\nMeaning of home education\ns 129 om A2019-47 s 7\nProvisional registration for home education\ns 130 sub A2006-57 s 45\nam A2011-3 amdt 3.193; A2011-22 amdt 1.183\nom A2019-47 s 8\nRegistration for home education\ns 131 am A2006-57 s 46; A2011-22 amdt 1.183; A2019-47 ss 9-11\nConditions of registration for home education\ns 132 am A2011-22 amdt 1.183\nsub A2019-47 s 12\nRegistration of child\ns 133 am A2006-57 s 47, s 48; A2011-22 amdt 1.183\nCancellation of registration for home education\ns 135 am A2011-22 amdt 1.183, amdt 1.184\nRenewal of registration for home education\ns 137 am A2011-3 amdt 3.194; A2011-22 amdt 1.183; A2019-47\nss 13-16; A2020-38 s 22\nHome education reports\ns 138 am A2011-22 amdt 1.183\nsub A2019-47 s 17\nHome education register\ns 139 am A2011-22 amdt 1.183; A2019-47 s 18\nNotification and review of decisions\npt 6.1 hdg sub A2008-37 amdt 1.131\nDefinitions—pt 6.1\ns 140 sub A2008-37 amdt 1.131\ndef decision-maker ins A2008-37 amdt 1.131\ndef internally reviewable decision ins A2008-37 amdt 1.131\ndef internal reviewer ins A2008-37 amdt 1.131\ndef internal review notice ins A2008-37 amdt 1.131\ndef reviewable decision ins A2008-37 amdt 1.131\nInternal review notices\ns 141 sub A2008-37 amdt 1.131\nam A2025-29 amdt 4.63\n\nApplications for internal review\ns 142 sub A2008-37 amdt 1.131\nam A2020-38 s 22; A2022-14 amdt 3.68\nApplications not stay reviewable decisions\ns 143 sub A2008-37 amdt 1.131\nInternal review\ns 144 sub A2008-37 amdt 1.131\nam A2023-54 s 96; ss renum R33 LA\nReviewable decision notices\ns 145 sub A2008-37 amdt 1.131\nam A2011-22 amdt 1.183; A2025-29 amdt 4.63\nApplications to ACAT\ns 145A ins A2008-37 amdt 1.131\nam A2025-29 amdt 4.63\nInformation sharing\npt 6.1A hdg ins A2019-4 s 13\nMeaning of young person—pt 6.1A\ns 145B ins A2019-4 s 13\nDirector-general may give certain information to other States\ns 145C ins A2019-4 s 13\nam A2020-38 s 16, s 17; ss renum R27 LA\nDirector-general may ask for certain information from other States\ns 145D ins A2019-4 s 13\nConsent not required in certain circumstances\ns 145E ins A2019-4 s 13\nPreschools\ns 146 am A2011-22 amdt 1.183\nom A2011-51 s 7\nStudent transfer register\ns 146A ins A2009-40 s 6\nom A2022-10 s 11\nOffences on school premises\ns 147 am A2022-10 s 34\nNotification of parents\ns 149 am A2006-57 s 55\nGifts and donations\ns 151 am A2011-3 amdt 3.195; A2025-29 amdt 4.63\n\nEducation trust fund\ns 152 am A2011-22 amdt 1.180, amdt 1.183\nNotices of intention under former education Act to conduct schools at\nadditional educational levels\ns 153 exp 1 January 2015 (s 153 (5))\nEvidence—certificate signed by principal etc\ns 153A ins A2009-40 s 7\nam A2022-10 s 35; ss renum R31 LA\nDeclaration—COVID-19 emergency\ns 153B ins A2020-14 amdt 1.61\nam A2021-1 amdt 1.19; A2022-10 s 36; pars renum R31 LA\nexp 29 September 2023 (s 153B (7))\nExtending in-principle approval—COVID-19 emergency\ns 153C ins A2022-10 s 37\nexp 29 September 2023 (s 153C (3))\nApproved forms\ns 154 am A2025-29 amdt 4.63\nRegulation-making power\ns 155 am A2020-38 s 18; A2022-10 s 38; A2024-39 s 49; A2025-29\namdt 4.63\nTransitional provisions\nch 7 hdg exp 1 January 2006 (s 171)\nAssets and liabilities of former authority\npt 7.1 hdg exp 1 January 2006 (s 171)\nMeaning of former authority\ns 156 exp 1 January 2006 (s 171)\nVesting of assets and liabilities of former authority in Territory\ns 157 exp 1 January 2006 (s 171)\nEvidentiary certificate for vested assets and liabilities\ns 158 exp 1 January 2006 (s 171)\nRegistration of changes in title to certain assets\ns 159 exp 1 January 2006 (s 171)\nProceedings and evidence in relation to vested assets and liabilities\ns 160 exp 1 January 2006 (s 171)\nGeneral savings\npt 7.2 hdg exp 1 January 2006 (s 171)\nInterpretation\ndiv 7.2.1 hdg exp 1 January 2006 (s 171)\n\nDefinitions for pt 7.3\ns 161 exp 1 January 2006 (s 171)\nFormer authority Act\ndiv 7.2.2 hdg exp 1 January 2006 (s 171)\nExisting schools etc\ns 162 exp 1 January 2006 (s 171)\nName of schools, institutions and services\ns 163 exp 1 January 2006 (s 171)\nSchool boards\ns 164 exp 1 January 2006 (s 171)\nParents and citizens associations\ns 165 exp 1 January 2006 (s 171)\nMembers of school boards\ns 166 exp 1 January 2006 (s 171)\nFormer education Act\ndiv 7.2.3 hdg exp 1 January 2006 (s 171)\nExemption certificates\ns 167 exp 1 January 2006 (s 171)\nExisting registered and provisionally registered schools\ns 168 exp 1 January 2006 (s 171)\nRegisters\ns 169 exp 1 January 2006 (s 171)\npt 7.3 hdg exp 1 January 2006 (s 171)\nModification of ch 7’s operation\ns 170 exp 1 January 2006 (s 171)\nExpiry of ch 7\ns 171 exp 1 January 2006 (s 171)\nDeclared law for Legislation Act, s 88\ns 172 exp 1 January 2006 (s 171)\nRepeals and consequential amendments\nch 8 hdg om LA s 89 (3)\nActs repealed\ns 173 om LA s 89 (3)\nRegulations repealed\ns 174 om LA s 89 (3)\n\nLegislation amended—sch 2\ns 175 om LA s 89 (3)\nTransitional—Education (Participation) Amendment Act 2009\nch 9 hdg ins A2009-40 s 8\nMeaning of amending Act—ch 9\ns 300 ins A2009-40 s 8\nApplication of amending Act\ns 301 ins A2009-40 s 8\ns 302 ins A2009-40 s 8\nexp 1 January 2012 (s 303 (1))\nExpiry—ch 9\ns 303 ins A2009-40 s 8\nTransitional—Education Amendment Act 2022\nch 10 hdg ins A2022-10 s 12\nEducation Amendment Act 2022—part 2\npt 10.1 hdg ins A2022-10 s 12\nDefinitions—pt 10.1\ns 304 ins A2022-10 s 12\nGovernment school suspensions\ns 305 ins A2022-10 s 12\nGovernment school immediate suspensions\ns 306 ins A2022-10 s 12\nGovernment school exclusions\ns 307 ins A2022-10 s 12\nNon-government school suspensions\ns 308 ins A2022-10 s 12\n\nNon-government school immediate suspensions\ns 309 ins A2022-10 s 12\nCatholic systemic schools exclusions\ns 310 ins A2022-10 s 12\nStudent transfer register\ns 311 ins A2022-10 s 12\nEducation Amendment Act 2022—pt 3\npt 10.1A hdg ins A2022-10 s 39\nDefinitions—pt 10.1A\ns 311A ins A2022-10 s 39\nAppointment of registrar\ns 311B ins A2022-10 s 39\nRegister of non-government schools\ns 311C ins A2022-10 s 39\nApplication for in-principle approval for provisional registration of school\ns 311D ins A2022-10 s 39\ncampus—generally\ns 311E ins A2022-10 s 39\ncampus—within 2 years\ns 311F ins A2022-10 s 39\neducational level—generally\ns 311G ins A2022-10 s 39\neducational level—within 2 years\ns 311H ins A2022-10 s 39\n\nIn-principle approval for provisional registration of school\ns 311I ins A2022-10 s 39\nApplication for provisional registration of school\ns 311J ins A2022-10 s 39\nProvisional registration of a school\ns 311K ins A2022-10 s 39\nApplication for registration of school\ns 311L ins A2022-10 s 39\nRegistration of school\ns 311M ins A2022-10 s 39\nApplication for registration of school at additional campus—generally\ns 311N ins A2022-10 s 39; pars renum R31 LA\nApplication for registration of school at additional campus—within 2 years\ns 311O ins A2022-10 s 39\nApplication for registration of school at additional educational level—\ngenerally\ns 311P ins A2022-10 s 39\nApplication for registration of school at additional educational level—within\n2 years\ns 311Q ins A2022-10 s 39\nGrounds for regulatory action\ns 311R ins A2022-10 s 39\nRegister of enrolments and attendances—non-government schools\ns 311S ins A2022-10 s 39\nAppointment of authorised persons (non-government)\ns 311T ins A2022-10 s 39\n\npt 10.2 hdg ins A2022-10 s 12\ns 312 ins A2022-10 s 12\nExpiry\npt 10.3 hdg ins A2022-10 s 12\nExpiry—ch 10\ns 313 ins A2022-10 s 12\nsub A2022-10 s 40\nTransitional—Education Amendment Act 2024\nch 11 hdg ins A2024-39 s 50\nDefinitions—ch 11\ns 314 ins A2024-39 s 50\nDistance education provided by school outside ACT\ns 315 ins A2024-39 s 50\ns 316 ins A2024-39 s 50\nExpiry—ch 11\ns 317 ins A2024-39 s 50\nReviewable decisions\nsch 1 sub A2008-37 amdt 1.132\nam A2009-40 s 9; items renum R9 LA; A2011-22 amdt 1.183;\nA2020-38 s 21; items renum R27 LA; A2022-10 s 13, s 41;\nitems renum R31 LA; A2024-39 s 51\nMinister’s decisions\nsch 1 pt 1.1 am A2006-57 s 50; items renum R4 LA\nom A2008-37 amdt 1.132\nChief executive’s decisions\nsch 1 pt 1.2 am A2006-57 s 51, s 55\nom A2008-37 amdt 1.132\n\nConsequential amendments\nsch 2 om LA s 89 (3)\ndict am A2008-37 amdt 1.133, amdt 1.134; A2009-20 amdt 3.64;\nA2009-40 s 10; A2010-18 amdt 1.21; A2011-22 amdt 1.181,\namdt 1.182; A2012-21 amdt 3.56; A2015-33 amdt 1.55;\nA2020-38 s 19; A2022-10 s 42\ndef Aboriginal or Torres Strait Islander person ins\nA2023-54 s 97\ndef advisory committee ins A2015-18 s 7\ndef appointed member am A2006-57 s 52; A2015-18 s 8\ndef approval statement ins A2009-40 s 11\ndef approved educational course sub A2022-10 s 43\ndef approved educational course (government) am\nA2006-57 s 55; A2015-15 amdt 3.26\ndef approved educational course (non-government) am\nA2006-57 s 55; A2015-15 amdt 3.27\ndef at ins A2022-10 s 14\ndef authorised person (government) am A2015-15\namdt 3.28\ndef authorised person (non-government) am A2015-15\namdt 3.29\ndef board appointed member am A2006-57 s 52\ndef boarding facilities ins A2020-38 s 20\nom A2022-10 s 44\ndef carer om A2023-54 s 98\ndef Catholic system school ins A2022-10 s 14\ndef community member om A2015-18 s 9\ndef completes year 10 ins A2009-40 s 11\ndef completes year 12 ins A2009-40 s 11\ndef compliance direction ins A2022-10 s 45\ndef compliance notice ins A2009-40 s 11\ndef compulsory education age sub A2022-10 s 15\ndef compulsory school age sub A2009-40 s 12\ndef connected ins A2022-10 s 45\ndef contact details ins A2022-10 s 45\ndef corporal punishment om A2022-14 amdt 3.69\ndef council om A2015-18 s 9\ndef council (government) om A2015-18 s 9\ndef council (non-government) om A2015-18 s 9\ndef decision-maker ins A2015-15 amdt 3.30\nsub A2022-10 s 16\ndef delegated principal ins A2022-10 s 16\ndef director of Catholic education ins A2022-10 s 17\n\ndef distance education ins A2024-39 s 52\ndef distance education policy ins A2024-39 s 52\ndef education course ins A2009-40 s 13\ndef education member om A2015-18 s 9\ndef education provider ins A2009-40 s 13\ndef employment alternative ins A2009-40 s 13\ndef exclude ins A2022-10 s 17\ndef exclusion am A2006-57 s 55\nom A2022-10 s 18\ndef exemption certificate sub A2009-40 s 14; A2015-15\namdt 3.31\ndef expel ins A2022-10 s 19\ndef full-time participation ins A2009-40 s 15\ndef full-time participation requirement ins A2009-40 s 15\ndef governing body ins A2022-10 s 45\ndef government-funded preschool program ins A2023-54 s\ndef government or non-government school ins A2022-10 s\ndef government school sub A2011-51 s 8\ndef home education sub A2019-47 s 19\ndef home education report ins A2019-47 s 20\ndef independent school ins A2022-10 s 19\ndef information notice ins A2009-40 s 15\nsub A2024-39 s 53\ndef in-principle approval sub A2022-10 s 46\ndef internally reviewable decision ins A2008-37 amdt 1.135\ndef internal reviewer sub A2008-37 amdt 1.136\ndef internal review notice ins A2008-37 amdt 1.137\ndef key individual ins A2022-10 s 47\ndef levels of education ins A2022-10 s 47\ndef new registration ins A2019-47 s 20\ndef non-government school sub A2022-10 s 48\ndef notice of regulatory action ins A2022-10 s 49\ndef notifiable change ins A2022-10 s 49\ndef occupier ins A2022-10 s 49\ndef offence ins A2022-10 s 49\ndef parents and citizens member am A2006-57 s 52\ndef participates ins A2009-40 s 15\ndef permanent resident ins A2022-10 s 49\ndef premises ins A2022-10 s 49\ndef preschool program ins A2023-54 s 98\ndef principal ins A2022-10 s 19\ndef priority enrolment area ins A2024-39 s 54\ndef proposed campus ins A2022-10 s 49\ndef proposed change day ins A2022-10 s 49\n\ndef proposed opening day am A2006-57 s 53; A2015-15\namdt 3.32\nom A2022-10 s 50\ndef proposed starting day ins A2022-10 s 51\ndef proprietor ins A2022-10 s 51\ndef registered campus ins A2022-10 s 51\ndef registered non-government school sub A2022-10 s 52\ndef registered school ins A2022-10 s 53\ndef register of enrolments and attendances sub A2015-15\namdt 3.33; A2022-10 s 54\ndef register of non-government schools sub A2022-10 s 54\ndef registrable change ins A2022-10 s 55\ndef registrar am A2015-15 amdt 3.34\nsub A2022-10 s 56\ndef registration conditions ins A2022-10 s 57\ndef registration review ins A2022-10 s 57\ndef registration review guidelines ins A2022-10 s 57\ndef registration standards ins A2022-10 s 57\ndef registration standards advisory board ins A2022-10\ns 57\ndef regulated activity ins A2024-39 s 54\ndef regulatory action ins A2022-10 s 57\ndef reviewable decision sub A2008-37 amdt 1.138\ndef school am A2009-40 s 16\nsub A2011-51 s 9; A2022-10 s 58\ndef school board am A2015-15 amdt 3.35\ndef school day ins A2022-10 s 19\ndef school-leaving age om A2009-40 s 17\ndef school-related institution sub A2015-15 amdt 3.36\ndef show cause notice ins A2022-10 s 59\ndef staff member am A2006-57 s 53\ndef student sub A2024-39 s 55\ndef student member am A2006-57 s 53\nom A2022-10 s 60\ndef student movement register ins A2022-10 s 19\ndef suspend ins A2022-10 s 19\ndef suspension notice ins A2022-10 s 19\ndef training alternative ins A2009-40 s 18\ndef training alternative provider ins A2009-40 s 18\ndef transfer ins A2022-10 s 19\ndef transferring school ins A2022-10 s 19\ndef unsafe or noncompliant ins A2022-10 s 19\ndef young person ins A2019-4 s 14\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 Jan 2005\n1 Jan 2005–\n1 Jan 2006\nnot amended new Act\n2 Jan 2006\n2 Jan 2006–\nnot amended commenced expiry\n16 June 2006–\n19 Dec 2006\nA2006-28 amendments by\nA2006-28\n20 Dec 2006\n20 Dec 2006–\n26 Oct 2008\nA2006-57 amendments by\nA2006-57\n27 Oct 2008\n27 Oct 2008–\n1 Feb 2008\nA2008-20\n2 Feb 2009\n2 Feb 2009–\n26 Feb 2009\nA2008-37\n27 Feb 2009\n27 Feb 2009–\n21 Sept 2009\nA2008-20\n22 Sept 2009\n22 Sept 2009–\n31 Dec 2009\nA2009-20 amendments by\nA2009-20\n1 Jan 2010\n1 Jan 2010–\n3 Mar 2010\nA2009-40 amendments by\nA2009-40\n4 Mar 2010\n4 Mar 2010–\nA2010-7 amendments by\nA2010-7\n3 June 2010–\nA2010-18 amendments by\nA2010-18\n7 July 2010–\n28 Feb 2011\nA2010-22 amendments by\nA2010-22\n\nEarlier republications 5\nfor\n1 Mar 2011\n1 Mar 2011–\nA2011-3 amendments by\nA2011-3\n1 July 2011–\n31 Dec 2011\nA2011-22 amendments by\nA2011-22\n1 Jan 2012\n1 Jan 2012–\n1 Jan 2012\nA2011-51 amendments by\nA2011-51\n2 Jan 2012\n2 Jan 2012–\nA2011-51 expiry of\ntransitional\nprovisions (ch 9)\n5 June 2012–\n19 Nov 2014\nA2012-21 amendments by\nA2012-21\n20 Nov 2014\n20 Nov 2014-\n1 Jan 2015\nA2014-48 amendments by\nA2014-48\n2 Jan 2015\n2 Jan 2015-\nA2014-48 expiry of provision\n(s 153)\n3 June 2015–\nA2015-16 amendments by\nA2015-16\n10 June 2015–\nA2015-16 amendments by\nA2015-15\n1 July 2015–\n13 Oct 2015\nA2015-18 amendments by\nA2015-18\n14 Oct 2015\n14 Oct 2015–\n4 Mar 2019\nA2015-33 amendments by\nA2015-33\n5 Mar 2019\n5 Mar 2019–\nA2019-4 amendments by\nA2019-4\n14 May 2020–\nA2020-14 amendments by\nA2020-14\n9 June 2020–\n31 Dec 2020\nA2020-14 amendments by\nA2019-47\n1 Jan 2021\n1 Jan 2021–\n19 Feb 2021\nA2020-38 amendments by\nA2020-38\n20 Feb 2021\n20 Feb 2021–\n5 Apr 2022\nA2021-1 amendments by\nA2021-1\n\nfor\n6 Apr 2022\n6 Apr 2022–\n23 Aug 2022\nA2022-4 amendments by\nA2022-4\n24 Aug 2022\n24 Aug 2022–\n19 Dec 2022\nA2022-14 amendments by\nA2022-14\n20 Dec 2022\n20 Dec 2022–\n29 Sept 2023\nA2022-14 amendments by\nA2022-10\n30 Sept 2023\n30 Sept 2023–\n11 Dec 2023\nA2022-14 expiry of provisions\n(s 153B, s 153C)\n12 Dec 2023\n12 Dec 2023–\n20 Dec 2023\nA2023-54 amendments by\nA2023-54\n21 Dec 2023\n21 Dec 2023–\n31 Dec 2023\nA2023-54 expiry of\ntransitional\nprovisions (ch 10)\n1 Jan 2024\n1 Jan 2024–\n31 Dec 2024\nA2023-54 amendments by\nA2023-54\n1 Jan 2025\n1 Jan 2025–\n15 Apr 2025\nA2024-39 amendments by\nA2024-39\n16 Apr 2025\n16 Apr 2025–\n15 Dec 2025\nA2025-10 amendments by\nA2025-10\n16 Dec 2025\n16 Dec 2025–\n1 Jan 2026\nA2025-29 amendments by\nA2025-29\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":235}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has materially grown beyond a narrow compulsory‑attendance statute into an integrated regulatory regime covering early childhood (s 8A, ch 1A), detailed governance and financial duties for government schools (ch 3), a comprehensive registration and regulatory system for non‑government schools (pts 4.2–4.4, ss 84–125A), explicit regulation of distance education (ch 4B, ss 127BA–127BE plus transitional ch 11), and a modernised student behaviour management regime with procedural safeguards (ch 2A). These additions create new administrative capacities (Registrar, advisory board), increase executive discretion (director‑general, Minister powers in ss 12A, 14A, 20, 125A), and impose sizable compliance obligations on proprietors and parents (registration timelines, record keeping, inspection powers ss 125Q–125U). In short, the statute has expanded from setting basic school attendance rules to administering a broad quality‑assurance and compliance architecture for schooling in the ACT."},"complexity_factors":["Comprehensive length—Act contains over 300 sections including detailed transitional provisions (up to s 317).","Large number of defined terms in the Dictionary and cross‑references to other Acts (Education and Care Services National Law (ACT); National Vocational Education and Training Regulator Act; Tertiary Education Quality and Standards Agency Act; Working with Vulnerable People Act).","Multiple decision makers and layers of delegation: Minister, director‑general, registrar, registration standards advisory board, director of Catholic education, principals, authorised persons (ss 17C, 73, 78, 125M).","Layered regulatory process for non‑government schools: in‑principle approval (s 86), registration (s 89), amendment (ss 96–102), annual review program (s 109), compliance directions (s 120), and show‑cause/regulatory action (ss 124–125A).","Nested procedural safeguards and exceptions: natural justice obligations, notice and review windows, emergency exceptions (e.g. urgent temporary change s 103; immediate suspension exceptions s 17L(3)).","Strict liability offences for record‑keeping and other administrative breaches (e.g. keeping registers—ss 32–35, 125F–125I) heighten practical risk and enforcement thresholds.","Extensive conditional logic: timelines (28 days, 5 days, 6 months, 9 months, 2–4 years), multiple grounds for revocation/cancellation (ss 12A, 15A, 125A), and different rules depending on school type (government, Catholic system, independent, registered non‑government).","Information sharing and inter‑jurisdictional provisions introduce extra complexity through consent rules, best‑interests tests and exceptions (ss 145C–145E).","Transitional complexity: several temporary and transitional chapters and disapplication periods (ch 11; transitional provisions from multiple amendment Acts) create conditional application windows."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes who must be in education (compulsory education age) and what that means: children aged 6 up to the first of either turning 17 or completing year 12 (s 9). It requires parents to either enrol children at an education provider or register them for home education and sets timelines for doing so (s 10). \n\n- Sets attendance and participation duties: parents must ensure enrolled children attend as the school requires (s 10A) and must ensure participation where the child is enrolled with a non‑school provider (s 10D). There are rules about what counts as participation and full‑time participation (ss 10B, 10C).\n\n- Creates administrative tools for monitoring and compliance: a student movement register to record enrolment, home‑education registration and changes (s 10AA–10AC), and powers for the director‑general to issue information and compliance notices and to prosecute non‑compliance (ss 16AA–16D, 17A).\n\n- Provides exemptions and alternatives: parents/children can apply for exemption certificates from enrolment or the full‑time participation requirement (pt 2.3, ss 11H–13). After year 10 a student may apply for an approval statement to participate in training or employment alternatives (pt 2.4, ss 13D–15A).\n\n- Sets out procedures for managing unsafe or non‑compliant student behaviour, including suspension, transfer, expulsion and exclusion, with process safeguards (natural justice, parental involvement, notice and review) (ch 2A, especially ss 17B–17O and ss 17P–17ZJ).\n\n- Governs government schools: how they are established and run; the director‑general’s responsibilities; school boards and their composition, budgets and functions; duties of principals; and processes for closing or amalgamating schools including an independent committee and consultation requirements (ch 3, ss 18–21A, 38–53, 20–20B).\n\n- Regulates non‑government schools tightly: creates a Registrar and a Registration Standards Advisory Board, prescribes in‑principle approvals, full registration, conditions, amendment procedures, a public register and an annual review/regulatory regime (pt 4.2–4.4, ss 73–125A). It criminalises operating outside registration or scope (ss 104, 105, 104A), and gives the registrar inspection and information powers (pt 4.6, ss 125M–125U).\n\n- Provides for home education registration, conditions, annual reporting and the ability of authorised officers to inspect materials (pt 5, ss 131–139).\n\n- Regulates distance education: what counts as distance education, who may provide it, required policies and transitional arrangements for schools outside the ACT (ch 4B, ss 127BA–127BE; ch 11 trans. provisions).\n\n- Enables information sharing with other jurisdictions about whether a child is receiving education (pt 6.1A, ss 145C–145E).\n\nWho it affects\n\n- Parents and carers: primary legal responsibility to enrol or register children and to ensure attendance/participation; subject to notices and possible penalties (s 10, s 10A, ss 16AA–16D, 17A).\n- Children and students: rules about enrolment, participation, discipline, alternatives after year 10, and eligibility for distance education (ss 9, 10A, 13D–15A, 127BA–127BE).\n- Government schools and principals: operational duties, reporting, school board relationships and obligations when supporting suspended/excluded students (chs 3, 2A).\n- Non‑government school proprietors and staff: registration, compliance, record‑keeping, inspections, and exposure to regulatory action and possible cancellation (pt 4.3–4.4, ss 93–125A).\n- The Registrar, director‑general and Minister: major decision points (approval/refusal of registrations, approval statements, regulatory action, school closures) and wide discretionary powers (many sections, e.g. ss 12A, 14A, 20, 88, 92, 125A).\n\nWhy it matters (stated purposes and practical consequences)\n\n- The Act states as its objects promoting early childhood education, ensuring children complete year 10 and participate in education to 17 or until year 12, governing government schools, and regulating non‑government and home education (s 8). That is, it creates the legal framework through which the territory monitors participation, protects student wellbeing and ensures basic educational standards.\n\nAnalytical observation of incentives, costs and trade‑offs (source‑anchored and practical)\n\n- Who pays and who decides: the Territory (Minister, director‑general, registrar) decides on registration, approvals and regulatory action. Parents are required to enrol/register and bear time and compliance costs (application forms, meeting reporting deadlines), and non‑government school proprietors bear the largest compliance and regulatory costs (registration applications, record keeping, responding to inspections and show‑cause processes) (ss 10, 86–95, 106–107, 120, 124–125A).\n\n- Compliance burden and timing constraints: registration and amendment applications carry detailed form and timing requirements (for example, in‑principle approval applications must set a proposed starting day at least 2 years but not more than 4 years ahead (s 86); final registration applications generally must be made 9 months before opening (s 89); proprietors must notify notifiable changes 6 months in advance (s 96)). Those lead times impose planning, legal and financial overheads on new or expanding providers.\n\n- Bureaucratic discretion and checks: the director‑general, registrar and Minister hold wide discretionary powers (issue/revoke exemption and approval statements — ss 12A, 14A; take regulatory action against schools — s 125A). The Act inserts procedural checks (consultation, show‑cause notices, advisory board referral, natural justice obligations — ss 124–125, 17E, 116). Those checks limit but do not eliminate executive discretion.\n\n- Effects on private providers and market entry: the Act creates multi‑step gatekeeping for non‑government schools (in‑principle approval, registration, ongoing compliance review and potential cancellation). This raises fixed and ongoing regulatory costs that will affect business models, growth plans and the feasibility of distance‑education offerings (pt 4.3–4.4, s 104A, ch 4B). Distance education is explicitly regulated and restricted to registered providers or those determined eligible by the director‑general (ss 127BB–127BD, s 104A).\n\n- Concentrated benefits versus diffuse costs: regulated providers and school communities gain clarity on standards and protections; costs of compliance fall mainly on proprietors and, to some extent, on parents who must meet reporting and attendance obligations. Fees are expressly limited for government schooling (free education—s 26) but registration/inspection burdens are concentrated on non‑government schools.\n\n- Enforcement design, substitution effects and implementation risk: the Act uses a mix of strict‑liability record‑keeping offences (e.g. registers—ss 32–35 and pt 4.5), administrative compliance directions (s 120) and criminal penalties for operating unregistered (s 104). Strict liability for administrative record failures reduces prosecution burden but raises risk of inadvertent penalties for employers and schools. The student movement register and inter‑jurisdictional data‑sharing (ss 10AA, 145C–145D) aim to reduce evasion but depend on timely data flows and IT implementation.\n\n- Opportunity and transition costs: new distance‑education and early childhood provisions (ch 1A; ch 4B) and recent additions to disciplinary processes (ch 2A) broaden the Act’s scope from a classic school‑attendance statute to a comprehensive regulatory regime covering preschool, home education, non‑government registration, distance learning and student behaviour management (see s 8 and chs 1A, 2A, 4, 4B). Those scope expansions increase administrative capacity needs for the directorate and registrars.\n\nWhat changes behaviour\n\n- Parents are legally pushed to formalise children’s education choices (enrolment, home registration, or an approved alternative) within set timeframes (s 10). Failure may attract notices and penalties (ss 16AA–16D, 17A).\n- Non‑government school operators must plan around registration gates, record‑keeping, inspection risk and the prospect of regulatory action (pt 4.3–4.4).\n- Schools must implement attendance procedures, keep registers and support suspended/excluded students (ss 32–35, 17M, 17ZE).\n\nKey procedural references (examples)\n\n- Enrollment and attendance duties: ss 10, 10A, 10D.\n- Student movement register and parental notice: ss 10AA–10AC.\n- Exemption certificates and approval statements: ss 11H–12A, 13D–15A.\n- Suspension, transfer, expulsion, exclusion: ch 2A (ss 17B–17ZJ).\n- Non‑government school registration and regulatory regime: ss 73–106 (Registrar, advisory board) and ss 84–125A (registration, reviews and regulatory action).\n- Home education registration and reporting: ss 131–139.\n- Distance education rules and eligibility: ss 127BA–127BE; transitional arrangement in ch 11 (ss 314–317).\n\nThis summary focuses on mechanics and the concrete incentives, costs and decision‑rights the Act creates. It identifies the principal trade‑offs policymakers built into the statute: stronger monitoring, standards and enforcement in exchange for higher compliance and administrative costs borne particularly by non‑government providers and, to a lesser extent, parents (see ss 93, 96–103, 120–125A)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":978},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown significantly from its original 2004 form. Major expansions include: (1) Chapter 2A on student suspension/expulsion/exclusion added in 2022; (2) Chapter 1A on early childhood education added in 2023; (3) Chapter 4B on distance education added in 2024; (4) Part 6.1A on information sharing added in 2019; (5) Complete restructuring of non-government school registration in 2022. The original Act focused primarily on government schools and basic compulsory education requirements, but now encompasses a comprehensive regulatory framework for all education sectors from preschool through to post-Year 10 alternatives."},"complexity_factors":["Multiple overlapping regulatory schemes (government schools, non-government schools, home education, distance education, early childhood)","Extensive cross-referencing between chapters and to external legislation (Criminal Code, Working with Vulnerable People Act, Education and Care Services National Law)","47+ defined terms in the Dictionary with many signpost definitions to other laws","Nested conditional logic for compulsory education requirements (enrolment vs registration vs exemption vs training/employment alternatives)","Detailed procedural requirements for student discipline with different rules for government, Catholic system, and independent schools","Multi-stage approval processes for non-government school registration (in-principle approval → registration → amendments)","Strict liability offences mixed with fault-based offences throughout","Transitional provisions with expiry dates creating temporal complexity","Reviewable decisions schedule with 26 different decision types subject to internal review and ACAT appeal","Information sharing provisions with consent requirements and exceptions"],"plain_english_summary":"The Education Act 2004 sets the legal framework for education in the ACT, establishing rights, duties and standards for early childhood, compulsory schooling, home and distance education, and non‑government schools. It affects children, parents, schools and regulators by requiring enrolment or approved alternatives, mandating registration and quality standards, governing discipline and school governance, and protecting student welfare and inclusion—making how education is delivered, monitored and enforced clear and enforceable."}},"importantCases":[],"_links":{"self":"/api/acts/education-act-2004","history":"/api/acts/education-act-2004/history","analysis":"/api/acts/education-act-2004/analysis","conflicts":"/api/acts/education-act-2004/conflicts","importantCases":"/api/acts/education-act-2004/important-cases","documents":"/api/acts/education-act-2004/documents"}}