{"id":"education-act-2015","name":"Education Act 2015","slug":"education-act-2015","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30035,"registerId":"nt-education-act-2015-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Education Act 2015.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n(1) The provisions of this Act (except Part 3, Part 6, Divisions 2 and 4\nand Part 7) commence on 1 January 2016.\n(2) Part 6, Divisions 2 and 4 and Part 7 commence on 1 April 2016.\n(3) Part 3 commences on 1 July 2016.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\nThe objects of this Act are:\n(a) to provide education programs that are appropriate for all\nchildren and young persons in the Territory; and\n(b) to ensure that education programs are responsive to the\nindividual needs of children and young persons; and\n(c) to facilitate the effective transition of young persons to\nemployment or further education through the flexible delivery\nto them of education programs; and\n(d) to facilitate the operation of schools as safe and supportive\nlearning environments; and\n(e) to provide for the involvement of parents and communities in\nthe governance of Government schools; and\n\nEducation Act 2015 2\n(f) to provide for the registration and ongoing assessment of\nnon-Government schools.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Guiding principles","content":"4 Guiding principles\n(1) Everyone involved in the administration of this Act, or in the\neducation of children or young persons in the Territory, must apply\nthe following guiding principles in performing functions in that\nregard:\n(a) all students are entitled to an education of a quality that is\ncapable of enabling them to reach their potential and so\nmaximise their achievements and contribution to the\ncommunity;\n(b) education provides the foundation for the social and economic\nadvancement of the Territory;\n(c) students and staff of schools are entitled to a safe\nenvironment;\n(d) parents play a vital role in the education of their children;\n(e) the best educational outcomes for students are achieved by\nparents, schools, communities and non-government\norganisations working together;\n(f) learning environments should be culturally appropriate and\nreflect the diversity of the Territory;\n(g) the social and family context and general wellbeing of\nstudents play an important role in their engagement with\neducation and achievement of outcomes;\n(h) the document issued by the Australian Human Rights\nCommission outlining national principles for the operation of\nchild safe organisations.\n(2) Subsection (1) does not give rise to, and cannot be taken into\naccount in, any civil cause of action.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"5 Definitions\nIn this Act:\nadvisory council means an advisory council established under\nsection 19.\naffected person, see section 178.\n\nEducation Act 2015 3\napproved form means a form approved under section 183.\nassessor means an assessor appointed under section 123B.\nattend, in relation to a school, see section 9.\nauthorised officer means any of the following:\n(a) the CEO;\n(b) an authorised person;\n(c) a departmental officer.\nauthorised person, see section 167.\nbasic principles, for Part 7, see section 122.\nBoard, for Part 3, see section 23.\nCEO means the Chief Executive Officer.\nchairperson, for Part 3, see section 23.\nchild means a person under the age of 18 years.\nchild with special learning needs means a child to whom Part 4,\n","sortOrder":4},{"sectionNumber":"Div 4","sectionType":"division","heading":"applies.","content":"Division 4 applies.\ncompletion of year 10 of secondary education, see\nsection 38(4).\ncompliance notice:\n(a) for Part 7 – see section 155A; or\n(b) for Part 8 – see section 172(2).\ncompulsory school age, see section 38.\ncriminal record, of an applicant for enrolment as a mature age\nstudent, see section 3(1) of the Criminal Records (Spent\nConvictions) Act 1992.\ncriminal record report, see section 59(1).\ndaily care and control, of a child, see section 8.\ndecision notice, for a decision, means a written notice setting out:\n(a) the decision and the reasons for it; and\n\nEducation Act 2015 4\n(b) any right the person to whom the notice is to be given has,\nunder this Act, to apply for a review of, or to appeal, the\ndepartmental officer means a public sector employee employed in\nthe Agency.\ndirector, of a governing body, for Part 7, see section 121.\ndisability, see section 4(1) of the Disability Discrimination Act 1992\n(Cth).\ndisqualifying offence, for an application for enrolment as a mature\nage student, means an offence prescribed by regulation to be a\ndisqualifying offence.\ndistance education centre means a Government school that is\nestablished as a distance education centre under section 15(5)(a)\nand includes a school of the air and the Government school known\nas the Northern Territory Open Education Centre.\neligible option, see section 38(2)(a).\nexpert, for Part 3, see section 23.\nfacilities, of a non-Government school, for Part 7, see section 121.\ngoverning body, of a non-Government school, for Part 7, see\nsection 121A(1).\nGovernment school means a school declared to be a Government\nschool under section 73(1).\nhome education, for a child, means education of the child\nconducted by a parent of the child or a teacher, primarily at the\nchild's usual place of residence, but does not include education\nthrough a distance education centre.\nindependent public school means a Government school\ndesignated as an independent public school by the CEO under\nsection 74(1).\ninformation notice, see section 171(2).\ninitial assessment, for Part 7, see section 121.\ninternational student means a person who holds a visa issued\nunder the Migration Act 1958 (Cth) under which the person is\npermitted to apply for enrolment in a Government school.\n\nEducation Act 2015 5\nliving independently, in relation to a child, see section 10.\nmature age student means a student who is of or above the age of\n18 years.\nmember, of the Board, see section 23.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nmulti-school management council means a multi-school\nmanagement council established under section 118(1)(b).\nnon-Government school means a school other than a\nGovernment school and, for Part 7, see section 121.\nparent, see section 6.\nparental responsibility, see section 7.\nparent consultative group means a parent consultative group\nestablished under section 116(2).\nprincipal, in relation to a school, means the person directly\nresponsible for the administration and control of the school.\npriority enrolment area, for Part 5, Division 3, see section 78(2).\nregistered means registered under this Act.\nregistrar, for Part 7, see section 121.\nregistration, for Part 7, see section 121.\nregistration requirements, for Part 7, see section 125.\nrepealed Act means the Education Act 1979 as in force\nimmediately before the commencement of Part 1 of this Act.\nroutine assessment, for Part 7, see section 121.\nschool means a Government school or a non-Government school.\nschool attendance officer means a person appointed to be a\nschool attendance officer under section 166A.\nschool day, in relation to a school, means a day on which\ninstruction is provided at the school for students enrolled in the\n\nEducation Act 2015 6\nschool enrolment management plan, see section 79(2).\nschool management council means a school management\ncouncil established under section 118(1)(a).\nschool representative body means a school representative body\nestablished under section 103(2).\nschool week, in relation to a school, means a week during all or\npart of which instruction is provided at the school for students\nenrolled in the school.\nsecond compliance notice, for Part 7, see section 155B(2)(a).\nsecond or subsequent offence, see section 11.\nsemester, in relation to a year, means 2 consecutive terms in the\nsame half of the year.\nspecial investigation, for Part 7, see section 121.\nstandard allocation, see section 82.\nstandard curriculum program, see section 75(2)(a).\nstudent means a person enrolled at a school and, where the\ncontext requires, includes a person whose enrolment has been\ncancelled under Part 5, Division 8.\nterm, see section 15(5)(d).\ntraining means training in the knowledge and skills required for a\nvocation, whether by way of course, instruction or practical training.\ntransition year means the year of full-time schooling for a child\nimmediately before their first year of compulsory school age.\nTribunal means the Northern Territory Civil and Administrative\nTribunal.\nTribunal reviewable decision, see section 177.\nunregistered non-Government school, for Part 7, see\nsection 121.\nvariation, of the registration of a non-Government school, for\nPart 7, see section 121.\nvetting entity, for Part 4, Division 5, see section 57(1).\n\nEducation Act 2015 7\nyoung person means a student of or above the age of 12 years.\nNote for section 5\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Parent of child","content":"6 Parent of child\n(1) A parent of a child is the child's father, mother or any other person\nwho has parental responsibility for the child.\n(2) However, a person standing in the place of a parent of a child on a\ntemporary basis is not a parent of the child.\n(3) A parent of an Aboriginal child includes a person who is regarded\nas a parent of the child under Aboriginal customary law or\nAboriginal tradition.\nAboriginal child means a child who is:\n(a) a descendant of the Aboriginal people of Australia; or\n(b) a descendant of the indigenous inhabitants of the Torres Strait\nIslands.\nAboriginal customary law means:\n(a) customary law of the Aboriginal people of Australia; or\n(b) customary law of the indigenous inhabitants of the Torres\nStrait Islands.\nAboriginal tradition means:\n(a) tradition of the Aboriginal people of Australia; or\n(b) tradition of the indigenous inhabitants of the Torres Strait\nIslands.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Parental responsibility","content":"7 Parental responsibility\n(1) A person has parental responsibility for a child if the person:\n(a) has daily care and control of the child; or\n(b) is entitled to exercise all the powers and rights, and has all the\nresponsibilities, in relation to the long-term care and\ndevelopment of the child; or\n\nEducation Act 2015 8\n(c) has daily care and control of the child and the entitlement and\nresponsibilities in relation to the child mentioned in\nparagraph (b).\n(2) To avoid doubt, a reference in this Act to a person who has parental\nresponsibility for a child includes a person who has been given that\nresponsibility under a law of another jurisdiction.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Daily care and control","content":"8 Daily care and control\nA person has daily care and control of a child if the person is\nentitled to exercise all the powers and rights, and has all the\nresponsibilities, in relation to the day-to-day care and control of the\nExamples for section 8\nThe person has the right to make decisions about the personal appearance of the\nThe person has the right to make decisions about the people with whom the child\nmay, or must not, have contact.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Attending school","content":"9 Attending school\n(1) A child attends a school if the child is present at the school in\nwhich the child is enrolled at the times during a school day when\ninstruction is provided at the school for the child.\n(2) A child is also taken to attend school if the child is participating in\nan education program prescribed by regulation.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Child living independently","content":"10 Child living independently\n(1) A child is living independently if the child is of or above the age of\n14 years and not living with a parent.\n(2) A child is also taken to be living independently, although living with\na parent, if the parent is unable to control the child's behaviour to\nthe extent necessary to ensure compliance with Part 4.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Second or subsequent offence","content":"11 Second or subsequent offence\nAn offence is a second or subsequent offence for a person if:\n(a) the person is found guilty of an offence against a provision for\nwhich a specific penalty is specified for a second or\nsubsequent offence; and\n(b) the person has previously been found guilty of:\n(i) an offence against that provision; or\n\nEducation Act 2015 9\n(ii) an offence against another provision for which a specific\npenalty is specified for a second or subsequent offence;\nor\n(iii) an offence against Part 4 of the repealed Act; or\n(iv) an offence of the same nature as an offence mentioned\nin subparagraph (i), (ii) or (iii).\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Act binds Crown","content":"12 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Application of Criminal Code","content":"13 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 13\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Administration of Act","content":"14 Administration of Act\nSubject to this Act, the Minister has:\n(a) the general administration of this Act; and\n(b) the administration and control of education or training services\nwholly provided and wholly maintained by the Minister.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Minister to provide services","content":"15 Minister to provide services\n(1) The Minister may take all measures that, in the Minister's opinion,\nare necessary or desirable:\n(a) to assist parents of children and young persons whose usual\nplace of residence is in the Territory in meeting their\nresponsibility to educate them according to their individual\nneeds and abilities; and\n\nEducation Act 2015 10\n(b) to make available, to all children and young persons whose\nusual place of residence is in the Territory, education or\ntraining services provided by the Minister; and\n(c) to assist all children and young persons whose usual place of\nresidence is in the Territory with their own education.\n(2) The Minister must establish and maintain education services in the\n(3) The Minister may establish and maintain, or make available,\ntraining services in the Territory.\n(4) The Minister has the powers necessary to perform the Minister's\nfunctions under this Act.\n(5) Without limiting subsection (4), the Minister may:\n(a) establish and maintain Government schools, including\ndistance education centres, for the provision of education\nservices from transition year to year 12; and\n(b) establish and maintain preschools for the provision of\neducation services to children in the year before transition\nyear; and\n(c) name, and change the name of, any Government school; and\n(d) determine, in relation to any year, the periods (terms) during\nwhich Government schools are to be open for the provision of\ninstruction to students enrolled in them; and\n(e) in the manner and to the extent that the Minister considers\nappropriate:\n(i) provide or arrange for the transport of students to and\nfrom any school; and\n(ii) pay the whole or any portion of the cost of that transport;\nand\n(f) establish and maintain, as the Minister considers necessary or\ndesirable, facilities or arrangements for:\n(i) the accommodation of students enrolled in Government\nschools; and\n(ii) the accommodation of teachers; and\n\nEducation Act 2015 11\n(g) undertake research and investigation with respect to:\n(i) education generally; or\n(ii) a specified field of education; or\n(iii) the provision of education services in the Territory; and\n(h) provide to persons or bodies, on any conditions specified by\nthe Minister, any financial assistance that the Minister\nconsiders necessary or desirable for, or in connection with,\neducation services; and\n(i) determine, or arrange for the accreditation of, courses of\neducation to be provided in the Territory; and\n(j) having sought the advice of any relevant advisory council –\nprovide for awards in relation to the passing of examinations\nor otherwise in relation to education services; and\n(k) provide for the granting of scholarships, bursaries and prizes\nin relation to education services.\n(6) Subsection (5)(c) has effect even if the name of the Government\nschool was approved under section 11 of the Place Names\nAct 1967 before the commencement of this section.\n(7) Subsection (8) applies if a person or body fails to comply with any\ncondition subject to which financial assistance was provided to the\nperson or body under subsection (5)(h).\n(8) The Minister may determine, in writing, that:\n(a) the person or body pay to the Territory a specified amount that\ndoes not exceed the amount of financial assistance provided\n(the recoverable amount); or\n(b) in determining the amount of financial assistance to be\nprovided to the person or body on a future occasion, the\namount that otherwise would be payable is to be reduced by a\nspecified amount (not exceeding the recoverable amount).\n(9) An amount determined under subsection (8)(a) is a debt due by the\nperson or body to the Territory and may be recovered by the\nMinister, on behalf of the Territory, in a court of competent\njurisdiction.\n\nEducation Act 2015 12\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Provision of offshore education, training or related services","content":"16 Provision of offshore education, training or related services\nThe Minister may enter into an arrangement, or a joint venture, with\nanother person or body for the provision of education, training or\nrelated services outside Australia.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"CEO subject to Ministerial direction and control","content":"17 CEO subject to Ministerial direction and control\n(1) The CEO is subject to the direction and control of the Minister in the\nexercise of powers, or the performance of functions, under this Act.\n(2) The CEO may, if authorised to do so by the Minister in writing,\nexercise any power or perform any function that the Minister is\nauthorised or required to exercise or perform by this Act.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Delegation","content":"18 Delegation\n(1) The Minister may delegate any of the Minister's powers and\nfunctions under this Act to a person.\n(2) The CEO may delegate any of the CEO's powers and functions\nunder this Act to a public sector employee.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"General power to establish advisory councils","content":"19 General power to establish advisory councils\n(1) The Minister may establish advisory councils to give advice or\nmake recommendations to the Minister on matters related to the\nprovision of education or training services in the Territory.\nThe provision of education to children with special learning needs.\n(2) An advisory council may be established:\n(a) to give advice or make recommendations generally on\nquestions affecting education or training in the Territory, or on\na particular aspect of education or training in the Territory, as\nquestions arise; or\n(b) to investigate and give advice or make recommendations on a\nparticular question relating to education or training in the\n(3) An advisory council consists of the members that the Minister\nconsiders appropriate and appoints to the council.\n\nEducation Act 2015 13\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Procedures of advisory council","content":"20 Procedures of advisory council\nSubject to the Minister's directions, an advisory council may\ndetermine its own procedures.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Provision of support to advisory council","content":"21 Provision of support to advisory council\nThe Minister may do either or both of the following:\n(a) provide secretarial, administrative or other assistance to an\nadvisory council;\n(b) approve the payment of costs and expenses reasonably\nincurred by an advisory council in performing its functions.\n","sortOrder":21},{"sectionNumber":"Div 3","sectionType":"division","heading":"CEO's report","content":"Division 3 CEO's report\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Report by CEO","content":"22 Report by CEO\n(1) The CEO must, as soon as practicable after 30 June in each year,\nprepare and give to the Minister a report on the administration of\nthis Act, and on the operation of education and training services in\nthe Territory, during the year ending on that date.\n(2) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Definitions","content":"23 Definitions\nIn this Part:\nBoard means the Northern Territory Board of Studies established\nby section 24(1).\nchairperson means the chairperson of the Board appointed under\nsection 28(4).\nexpert means a person who is recognised nationally as having\nexpertise in one or more of the fields prescribed by regulation.\nmember means a member of the Board appointed under\nsection 28(1) and includes the chairperson.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Establishment of Board","content":"24 Establishment of Board\n(1) The Northern Territory Board of Studies is established.\n\nEducation Act 2015 14\n(2) The Board:\n(a) represents the Territory; and\n(b) enjoys the privileges, rights or immunities of the Crown in right\nof the Territory; and\n(c) is within the shield of the Crown in right of the Territory.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Functions of Board","content":"25 Functions of Board\nThe Board has the following functions:\n(a) to provide advice to the Minister and the CEO on curriculum\npolicy in relation to:\n(i) establishing and maintaining curriculum frameworks that\naddress the needs of all students in the Territory school\neducation system; and\n(ii) establishing and maintaining procedures for student\nassessment, reporting and certification; and\n(iii) monitoring, evaluating and reporting on student\nperformance; and\n(iv) improving student outcomes;\n(b) to provide advice to the Minister and the CEO on government\npolicy affecting the Board's functions;\n(c) to cooperate and consult with bodies prescribed by regulation\nthat are engaged in education or related matters.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Powers of Board","content":"26 Powers of Board\nThe Board has the powers necessary to perform its functions.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Staff and costs etc. of Board","content":"27 Staff and costs etc. of Board\n(1) The CEO may provide the Board with public sector employees to\nenable it to properly perform its functions.\n(2) The Minister may approve the payment of costs and expenses\nreasonably incurred by the Board in performing its functions.\n\nEducation Act 2015 15\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Composition of Board and appointment of members","content":"28 Composition of Board and appointment of members\n(1) The Board consists of the following members appointed by the\nAdministrator:\n(a) a departmental officer nominated by the CEO;\n(b) a person nominated by the Association of Independent\nSchools of the Northern Territory who, in the opinion of the\nAssociation, is an expert;\n(c) a person nominated by the Northern Territory Catholic\nEducation Office who, in the opinion of the Office, is an expert;\n(d) a person who is a parent of a student enrolled in a school in\nthe Territory who has demonstrated, to the satisfaction of the\nAdministrator, that the person has been nominated or\nendorsed by a body that represents the interests of such\nparents;\n(e) a person who is working as a teacher in the Territory who has\ndemonstrated, to the satisfaction of the Administrator, that the\nperson has been nominated or endorsed by a body that\nrepresents the interests of such teachers;\n(f) a person who represents the interests of employers;\n(g) a person who represents the interests of:\n(i) the Aboriginal people of Australia; and\n(ii) the indigenous inhabitants of the Torres Strait Islands;\n(h) 4 other persons nominated by the Minister who, in the opinion\nof the Minister, are experts.\n(2) The Regulations may set out the process by which nominations for,\nor expressions of interest in, membership of the Board may be\nsought.\n(3) Nominators under subsection (1)(b), (c) or (h) must, through\nconsultation with each other or by any other means, seek to ensure,\nas far as practicable, that members appointed as experts:\n(a) are, or at the time of nomination recently were, resident in the\nTerritory or have knowledge of, or experience in, education in\nthe Territory; and\n\nEducation Act 2015 16\n(b) have between them knowledge of, or experience in, all the\nfields prescribed by regulation for the definition expert in\nsection 23.\n(4) On the recommendation of the Minister, the Administrator must\nappoint one of the members nominated under subsection (1)(b), (c)\nor (h) as the chairperson of the Board.\n(5) For subsection (4), the Minister may recommend only a person\nwhom the Minister is satisfied meets any eligibility criteria\nprescribed by regulation for appointment as chairperson.\n(6) The performance of a function by the Board is not affected by a\nvacancy in its membership.\n(7) The function of a body mentioned in subsection (1)(b) or (c) is not\naffected by the body changing its name.\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Term of appointment","content":"29 Term of appointment\n(1) A member holds office for the period, not exceeding 3 years,\nspecified in the instrument of appointment and is eligible for\nreappointment.\n(2) If a period of appointment is not specified, the member holds office\nfor 3 years.\n(3) The appointments of members are to be arranged so that, as far as\npracticable, the terms of office of 6 members appointed under\nsection 28(1) expire together, with the terms of office of the other\n5 members expiring 18 months later.\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Acting chairperson","content":"30 Acting chairperson\n(1) If the chairperson is absent from a meeting, the members present\nmust elect one of their number to be acting chairperson.\n(2) The acting chairperson may perform the functions of the\nchairperson for that meeting.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Vacation of office","content":"31 Vacation of office\nA person ceases to be a member of the Board if:\n(a) the person resigns by giving written notice to the\nAdministrator; or\n(b) the person's term of office expires and the person is not\nreappointed; or\n\nEducation Act 2015 17\n(c) the person's appointment is terminated under section 32.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Termination of appointment","content":"32 Termination of appointment\n(1) The Administrator may terminate the appointment of a member of\nthe Board for the following reasons:\n(a) inability, inefficiency, misbehaviour or physical or mental\nincapacity;\n(b) the body that nominated the member of the Board under\nsection 28(1)(b) or (c) so requests.\n(2) The Administrator must terminate the appointment of a member\nwho:\n(a) is absent from 2 consecutive meetings of the Board, except on\nleave granted by the Board; or\n(b) becomes bankrupt, applies to take the benefit of any law for\nthe relief of bankrupt or insolvent debtors, compounds with the\nmember's creditors or makes an assignment of remuneration\nfor their benefit.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Meetings of Board","content":"33 Meetings of Board\n(1) The chairperson must call meetings of the Board as specified in the\nRegulations.\n(2) The Minister may at any time direct the chairperson to call a\nmeeting of the Board and the chairperson must do so accordingly.\n(3) The Regulations may provide for:\n(a) how often the Board must meet in each term; and\n(b) how many members constitute a quorum at a meeting of the\nBoard; and\n(c) how meetings of the Board may be held; and\n(d) how questions arising at a meeting of the Board are to be\ndetermined; and\n(e) the procedure to be followed at a meeting of the Board; and\n(f) the records to be kept of meetings of the Board.\n\nEducation Act 2015 18\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Committees of Board","content":"34 Committees of Board\n(1) The Board may establish committees to assist it in performing its\nfunctions and may appoint any person as a committee member,\nwhether or not the person is a member of the Board.\n(2) At least one member of each committee must be a member of the\nBoard.\n(3) Subject to the Regulations, the Board may determine the functions\nand procedures of a committee and the period of appointment of its\nmembers.\n(4) A member of a committee is not entitled to be paid any fees or\nallowances on account of being a member.\n(5) The Board may at any time abolish a committee.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Issue of certificates by Board","content":"35 Issue of certificates by Board\n(1) The Board may determine the certificates to be issued to a person\nin respect of the person's educational achievements.\n(2) The Board must issue a certificate to a person whose educational\nachievements, as assessed or recognised under this section,\nqualify the person for the certificate.\n(3) The Board must prepare and maintain records of assessments\nmade under this section, or recognised by the Board, relating to a\nstudent or former student.\n(4) The Board must provide, on request by a student or former student,\na copy of a record mentioned in subsection (3) relating to the\nstudent or former student to:\n(a) the student or former student; or\n(b) any other person that the student or former student specifies\nin that request.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Board subject to Ministerial direction","content":"36 Board subject to Ministerial direction\nThe Board is subject to the directions of the Minister in performing\nits functions.\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Reports","content":"37 Reports\nThe Board must, as soon as practicable after 31 December in each\nyear, prepare and give to the Minister a report on its activities\nduring the year ending on that date.\n\nEducation Act 2015 19\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Compulsory school age","content":"38 Compulsory school age\n(1) A child becomes of compulsory school age on 1 January of the\nyear in which, as at 30 June, the child is 6 years of age.\nExamples for subsection (1)\nA child born on 29 June 2012 becomes of compulsory school age on\nA child born on 1 July 2012 becomes of compulsory school age on\n(2) A child ceases to be of compulsory school age when the first of the\nfollowing occurs:\n(a) the child completes year 10 of secondary education and\nparticipates on a full-time basis in one of the following options\n(an eligible option):\n(i) approved education or training;\n(ii) if the child is of or above the age of 15 years – paid\nemployment or a combination of approved education or\ntraining and paid employment;\n(b) the child completes year 10 of secondary education and is\nexempt from participating in an eligible option;\n(c) the child reaches the age of 17 years.\n(3) For subsection (2)(a), a child does not cease to participate in an\neligible option merely because, over a 12 month period, the child\nceases to participate in the option:\n(a) for a period that does not exceed 3 months; or\n(b) for periods that, in the aggregate, do not exceed 3 months.\n(4) For subsection (2)(a) or (b), a child completes year 10 of\nsecondary education if the child:\n(a) completes year 10 of secondary education in the Territory or\nthe equivalent in a State or another Territory; or\n\nEducation Act 2015 20\n(b) completes education approved by the CEO for the child in\ncircumstances that the CEO considers to be special\ncircumstances; or\n(c) satisfies the requirements of any regulations made under\nsubsection (9)(a).\n(5) For subsection (2)(a), approved education or training is one of\nthe following:\n(a) year 11 or 12 of secondary education in the Territory or the\nequivalent in a State or another Territory;\n(b) an education program or course of study or instruction\nprovided by Charles Darwin University or the Batchelor\nInstitute of Indigenous Tertiary Education;\n(c) a higher education course accredited under the Higher\nEducation Act 2004;\n(d) a VET accredited course, training package qualification,\napproved apprenticeship or approved traineeship under the\nTraining and Skills Development Act 2016;\n(e) other education or training approved by the CEO under\nsubsection (6);\n(f) other education or training at an institution in a State or\nanother Territory that, if provided in the Territory, would\ncomply with the requirements of this Part.\n(6) For subsection (5)(e), the CEO may, by Gazette notice, approve a\nform of education or training.\n(7) The CEO may exempt a child from participating in an eligible option\nfor a specified period if satisfied it is appropriate to do so because\nof special circumstances.\nExample for subsection (7)\nThe child is seriously ill.\n(8) The exemption must be by written notice given to a parent of the\nchild or, if the child is living independently, the child.\n(9) Regulations may provide for the following:\n(a) when a child completes year 10 of secondary education;\n(b) when a child is participating in an eligible option.\n\nEducation Act 2015 21\n(10) Subject to the Regulations, for subsection (2)(a)(ii), participation on\na full-time basis in paid employment is participation for an average\nof not less than 25 hours a week.\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Compulsory enrolment","content":"39 Compulsory enrolment\n(1) A parent who has daily care and control of a child of compulsory\nschool age whose usual place of residence is in the Territory\ncommits an offence if the child is not enrolled in a Government\nschool or a non-Government school registered under Part 7.\n(2) A child of compulsory school age who is living independently and\nwhose usual place of residence is in the Territory commits an\noffence if the child is not enrolled in a Government school or a\nnon-Government school registered under Part 7.\n(3) An offence against subsection (1) or (2) is an offence of strict\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant has a reasonable excuse.\n(5) Subsections (1) and (2) do not apply in relation to a child who is:\n(a) complying with special arrangements made under Division 4\nfor the child; or\n(b) being provided with home education in accordance with an\napproval under section 46; or\n(c) enrolled in a school in a State or another Territory and\nreceiving education or training that, if provided in the Territory,\nwould comply with the requirements of this Part.\n(6) The principal of a school must notify the CEO, in writing, as soon as\npracticable after a student who has completed year 10 of secondary\neducation and is under the age of 17 years ceases to be enrolled in\n\nEducation Act 2015 22\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Compulsory attendance at school","content":"40 Compulsory attendance at school\n(1) This section applies to a student of compulsory school age whose\nusual place of residence is in the Territory and who is enrolled in a\nschool that is not a distance education centre.\n(2) If the student is a child not living independently, a parent who has\ndaily care and control of the student must ensure that the student\nattends the school each school day, or each part of a school day,\non which instruction is provided for the student.\n(3) If the student is a child living independently, the student must attend\nthe school each school day, or each part of a school day, on which\ninstruction is provided for the student.\n(6) Subsections (2) and (3) do not apply if:\n(a) the student is exempted from attending school under this Part;\nor\n(b) the student is directed not to attend school under section 41;\nor\n(c) the student is, under Part 5, Division 8:\n(i) suspended or expelled from school; or\n(ii) excluded from any land, premises or facility occupied or\n(iii) excluded from participation in any program or activity\nconducted by or on behalf of the school; or\n\nEducation Act 2015 23\n(d) a parent of the student or, if the student is a child living\nindependently, the student, gives a reason acceptable to the\nprincipal of the school for the student's absence; or\n(e) the student's absence is on a day, or part of a day, of\nsignificance to the student's cultural background and a parent\nof the student or, if the student is a child living independently,\nthe student, gives that as the reason for the absence to the\nprincipal of the school.\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Student not to attend school in certain circumstances","content":"41 Student not to attend school in certain circumstances\n(1) This section applies if the principal of a Government school\nbelieves on reasonable grounds that a student is suffering from an\ninfectious disease.\n(2) The principal may give written notice directing that the student is\nnot to attend school for a specified period:\n(a) for a student who is a child:\n(i) to a parent having daily care and control of the child; or\n(ii) if the student is a child living independently – to the\nstudent; or\n(b) for a student who is not a child – to the student.\n(3) If the principal is given a certificate signed by a medical practitioner\ncertifying the student is fit to attend school, the principal must\npermit the student to attend the school even if the specified period\nhas not ended.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Compulsory participation at distance education centre","content":"42 Compulsory participation at distance education centre\n(1) This section applies in relation to a student of compulsory school\nage whose usual place of residence is in the Territory and who is\nenrolled in a distance education centre.\n(2) A parent who has daily care and control of the student must ensure\nthat the student reasonably carries out all course requirements of\nthe educational instruction provided by the distance education\ncentre, including any requirement to attend the centre or another\nplace.\n\nEducation Act 2015 24\n(3) If the student is a child living independently, the student must\nreasonably carry out all course requirements of the educational\ninstruction provided by the distance education centre, including any\nrequirement to attend the centre or another place.\n(6) Subsections (2) and (3) do not apply if:\n(a) the student is exempted by the CEO under section 44 from all\ncourse requirements of the educational instruction provided by\nthe distance education centre; or\n(b) a parent of the student or, if the student is a child living\nindependently, the student, gives a reason acceptable to the\nprincipal of the distance education centre for the student not\ncarrying out all those course requirements.\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Enrolment in distance education centre by Australian resident","content":"43 Enrolment in distance education centre by Australian resident\n(1) A person who is resident in Australia but whose usual place of\nresidence is not in the Territory may apply to the CEO for enrolment\nin a distance education centre.\n(2) To avoid doubt, if the person is of or above the age of 18 years and\nhas not been enrolled in a school in the 12 months immediately\nbefore making the application, the person must comply with the\nrequirements of Division 5.\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Exemption by CEO","content":"44 Exemption by CEO\nThe CEO may, if satisfied that it is appropriate to do so because of\nspecial circumstances, exempt a student of compulsory school age\nfor a specified period from:\n(a) attendance at school; or\n\nEducation Act 2015 25\n(b) all course requirements of the educational instruction provided\nby a distance education centre.\nExample for section 44\nThe student is seriously ill.\n","sortOrder":45},{"sectionNumber":"Div 2","sectionType":"division","heading":"School register","content":"Division 2 School register\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Register of enrolments and attendances","content":"45 Register of enrolments and attendances\n(1) The principal of a Government school must ensure that a register is\nkept that shows, in respect of all students enrolled in the school, the\ninformation about their enrolment and attendance prescribed by\nregulation.\n(2) The principal of a Government school must ensure that the register\nis available for inspection by the CEO at any time during a school\nday.\n(3) The principal of a Government school commits an offence if the\nprincipal fails to comply with subsection (1) or (2).\nMaximum penalty: 5 penalty units.\n(4) An offence against subsection (3) is an offence of strict liability.\nsubsection (3) if the defendant has a reasonable excuse.\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Home education","content":"46 Home education\n(1) A parent of a child of compulsory school age whose usual place of\nresidence is in the Territory, who proposes to provide home\neducation for the child must, before providing home education:\n(a) apply to the CEO for approval to provide it; and\n(b) give the CEO details of the proposed home education,\nincluding any documentary evidence or other information that\nis prescribed by regulation.\n(2) To determine whether the proposed home education is suitable, the\nCEO may direct a departmental officer to:\n(a) inquire into the proposal; and\n(b) give a report to the CEO about the proposed home education.\n\nEducation Act 2015 26\n(3) As soon as practicable after receiving an application, the CEO\nmust:\n(a) if of the opinion that the proposed home education is\nsuitable – approve the application subject to the conditions\nmentioned in subsection (6); or\n(b) if not of that opinion – refuse the application.\n(4) In deciding an application under subsection (3), the CEO must have\nregard to:\n(a) any report received under subsection (2); and\n(b) any other matters that the CEO considers relevant.\n(5) As soon as practicable after making a decision under\nsubsection (3), the CEO must give a decision notice to the\napplicant.\n(6) The approval of an application is subject to the following conditions:\n(a) subject to subsection (7), the curriculum to be used must be\none that is approved by the Australian Curriculum Assessment\nand Reporting Authority or any successor of that body;\n(b) the approval is for 1 school year only;\n(c) any teacher conducting the home education must be\nregistered under the Teacher Registration (Northern Territory)\nAct 2004;\n(d) the parent must allow inspections to be carried out from time\nto time by departmental officers in accordance with section 47;\n(e) any other conditions that the CEO considers appropriate and\nspecifies in the notice under subsection (5).\n(7) Subsection (6)(a) does not apply if:\n(a) an exemption under subsection (8) applies in relation to the\nparent; or\n(b) the parent had, before the commencement of this section,\napproval to provide home education to the child for the\nimmediately preceding school year.\n(8) The CEO may grant an exemption for a parent from the condition\nmentioned in subsection (6)(a) if satisfied that it is appropriate to do\nso because of special circumstances.\n\nEducation Act 2015 27\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Inspection program for home education","content":"47 Inspection program for home education\n(1) The CEO must, in relation to home education approved under\nsection 46, establish an inspection program to ensure that:\n(a) suitable home education is being provided; and\n(b) parents are complying with the conditions of their approval to\nprovide home education.\n(2) An inspection must be carried out by a departmental officer in\naccordance with the program in relation to each approval at least\nonce during the period of that approval.\n(3) An inspection may be carried out in the course of an inquiry under\nsection 49(2).\n(4) An inspection covers the curriculum and resources used in\nproviding the home education as well as the place where the home\neducation is usually provided and the facilities available at that\nplace for use in providing it.\n(5) An inspection may only be carried out at a time agreed between the\nparent and the departmental officer who is to carry out the\ninspection.\n(6) Following completion of an inspection, the departmental officer\nmust prepare a report on the suitability of the home education and\ngive a copy of the report to the parent and the CEO.\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Cessation of home education","content":"48 Cessation of home education\nA parent who has approval under section 46 to provide home\neducation for a child must notify the CEO, in writing, within 14 days\nafter any of the following occurs:\n(a) the parent ceases to provide home education;\n(b) the child is enrolled in a school;\n(c) there is a change in any details provided in the application for\napproval to provide home education.\nNote for section 48(a)\nA parent having daily care and control of a child of compulsory school age who\nceases to provide home education to the child must comply with section 39(1).\n\nEducation Act 2015 28\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Power to cancel approval of home education","content":"49 Power to cancel approval of home education\n(1) This section applies if the CEO has reason to believe that:\n(a) a parent may not be complying with the conditions of an\napproval to provide home education; or\n(b) the child is not making satisfactory progress.\n(2) The CEO may direct a departmental officer to inquire into the\nmatter and give a report about the situation.\n(3) Whether or not the CEO has given a direction under subsection (2),\nthe CEO may, by written notice given to a parent, cancel an\napproval to provide home education if of the opinion that:\n(a) the parent has failed to comply with the conditions of the\napproval; or\n(b) the child is not making satisfactory progress.\n(4) The CEO must, in a notice under subsection (3):\n(a) give reasons for the decision to cancel the approval; and\n(b) invite the parent to give reasons, within 30 days after receiving\nthe notice, why home education should continue.\n(5) The CEO may, having regard to any reasons given by a parent in\nresponse to a notice under subsection (3), by written notice given to\nthe parent, cancel the notice under subsection (3) and reinstate the\napproval to provide home education.\n(6) If the CEO decides not to cancel the notice, the CEO must give a\ndecision notice to the parent.\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Application of Division","content":"50 Application of Division\nThis Division applies in relation to a child whose usual place of\nresidence is in the Territory and:\n(a) who has a disability; or\n(b) whose educational progress, because of a special factor other\nthan a disability, is likely to suffer unless they have access to\nspecial educational arrangements.\n\nEducation Act 2015 29\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Minister may provide for education of children with special","content":"51 Minister may provide for education of children with special\nlearning needs\n(1) The Minister may make any provision about the education of\nchildren with special learning needs that the Minister considers\nnecessary or desirable.\n(2) Without limiting subsection (1), the Minister may make\narrangements for the following with the Government of a State or\nanother Territory or with a body in a State or another Territory:\n(a) the education in that State or Territory of children whose usual\nplace of residence is in the Territory;\n(b) the payment of expenses for that education.\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Parent or principal may request special arrangements","content":"52 Parent or principal may request special arrangements\n(1) Any of the following may request the CEO to make special\narrangements for a child's education:\n(a) a parent of a child with special learning needs – where the\nchild is of compulsory school age;\n(b) the principal of a Government school at which a child with\nspecial learning needs is enrolled – where the child is of\ncompulsory school age;\n(c) a parent of a child or student who has a disability – where the\nchild or student is not of compulsory school age.\n(2) The parent or principal must, in a request under subsection (1),\nindicate how the proposed special arrangements would be of\neducational benefit to the child or student.\n(3) Special arrangements under this Division do not include an\nadditional allocation of semesters of Government school education\nunder section 83.\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"CEO's power to make special arrangements","content":"53 CEO's power to make special arrangements\n(1) The CEO must make a decision on a request under section 52(1)\nas soon as practicable after receiving it and, in any event, not later\nthan 30 days after receiving it.\n(2) The CEO may, in respect of a request, decide:\n(a) to approve the special arrangements as requested; or\n(b) to refuse the request for special arrangements; or\n\nEducation Act 2015 30\n(c) to vary the requested special arrangements and approve them\nas varied; or\n(d) to order alternative special arrangements.\n(3) Before determining a request, the CEO may seek advice from:\n(a) any departmental officer who has specialist knowledge of\nchildren with special learning needs; or\n(b) any person involved in the education of the child.\n(4) In determining a request the CEO must:\n(a) consult with the child and the child's parents and have regard\nto any expressed wishes of the child or parents; and\n(b) have regard to the following matters:\n(i) any advice received under subsection (3);\n(ii) the educational benefit of the special arrangements;\n(iii) the child's learning capability;\n(iv) the child's attendance, participation and educational\nprogress during any period of schooling before the\nrequest.\n(5) As soon as practicable after making a decision under this section,\nthe CEO must give a decision notice to the person who made the\nrequest.\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Special arrangements to include provision for visits","content":"54 Special arrangements to include provision for visits\n(1) This section applies if special arrangements for a child would\nrequire the child to reside at a place other than the usual place of\nresidence of the parent who has daily care and control of the child.\n(2) The arrangements must include provision for visits of reasonable\nfrequency and duration by that parent to the child or by the child to\nthat parent.\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Disability standards","content":"55 Disability standards\n(1) This Division does not affect the duty of an education body, under\nPart 2, Division 2A of the Disability Discrimination Act 1992 (Cth), to\nact in accordance with a disability standard made under section 31\nof that Act.\n\nEducation Act 2015 31\n(2) In subsection (1):\neducation body means an educational authority, or education\nprovider, as defined by section 4(1) of the Disability Discrimination\nAct 1992 (Cth).\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Anti-Discrimination Act 1992 not affected","content":"56 Anti-Discrimination Act 1992 not affected\nThis Division does not affect any right that a person has to make a\ncomplaint under Part 6 of the Anti-Discrimination Act 1992 or\nexercise any other right under that Act.\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Interpretation","content":"57 Interpretation\n(1) In this Division:\ncriminal record report, see section 59(1).\nvetting entity means:\n(a) for an application for enrolment in a Government school – the\nCEO; or\n(b) for an application for enrolment in a non-Government school\nthat is a Catholic school – the Northern Territory Catholic\nEducation Office; or\n(c) for an application for enrolment in a non-Government school\nthat is not a Catholic school – the Association of Independent\nSchools of the Northern Territory.\n(2) The function of a body mentioned in subsection (1), definition\nvetting entity, paragraph (b) or (c), is not affected by the body\nchanging its name.\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Application of Division","content":"58 Application of Division\nThis Division applies to a person of or above the age of 18 years\nwho:\n(a) applies for enrolment as a mature age student in a\nGovernment school or a non-Government school registered\nunder Part 7; and\n(b) at the time of the application, is not enrolled in a school and\nhas not been enrolled in a school in the preceding 12 months.\n\nEducation Act 2015 32\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Applicant must submit application to vetting entity","content":"59 Applicant must submit application to vetting entity\n(1) An applicant must submit the application for enrolment as a mature\nage student to the vetting entity accompanied by a report (a\ncriminal record report) containing details of the applicant's\ncriminal record obtained by the applicant from the Commissioner of\nPolice.\n(2) If there is a charge for an offence of any kind pending in relation to\nthe applicant, the applicant must describe in the application the\nnature of the offence to which the charge relates.\n(3) The applicant must meet any cost incurred in obtaining the criminal\nrecord report.\n(4) The vetting entity must ensure that information obtained by it under\nthis section is destroyed as soon as practicable after the\ninformation is no longer needed for the purpose for which the\ninformation was obtained.\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Review of criminal record report for disqualifying offence","content":"60 Review of criminal record report for disqualifying offence\n(1) The vetting entity must review the applicant's criminal record report\nto determine if it shows a conviction for a disqualifying offence.\n(2) If the criminal record report shows a conviction for a disqualifying\noffence, the vetting entity must refuse the application for enrolment.\n(3) If the criminal record report does not show a conviction for a\ndisqualifying offence, the vetting entity must, within 14 days after\nreceiving the application for enrolment, forward the application to\nthe principal of the school in which the applicant is seeking to be\nenrolled.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Discretion of CEO if report shows offence other than","content":"61 Discretion of CEO if report shows offence other than\ndisqualifying offence\n(1) This section applies if the criminal record report shows a criminal\nhistory of any kind (other than a conviction for a disqualifying\noffence) and the application is for enrolment in a Government\n(2) The CEO must decide whether to forward the report, in whole or in\npart, to the principal of the Government school together with the\napplication for enrolment.\n\nEducation Act 2015 33\n(3) The principal must ensure that information provided to the principal\nunder this section is destroyed as soon as practicable after it is no\nlonger needed for the purpose for which it was provided.\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Matters to be considered by principal of Government school","content":"62 Matters to be considered by principal of Government school\n(1) In determining an application forwarded under section 60(3), the\nprincipal of a Government school must consider all relevant\nmatters, including the following:\n(a) any criminal record report forwarded under section 61(2) with\nthe application;\n(b) the nature of any pending charge disclosed in the application;\n(c) the reason given by the applicant for seeking enrolment;\n(d) the likely educational outcome of enrolment and whether the\nsame or a similar outcome could be obtained by other means;\n(e) the safety and welfare of staff and other students;\n(f) the suitability of other education, training or employment\noptions.\n(2) The principal must determine whether the applicant must also apply\nfor the grant of any additional semesters of Government school\neducation and, if so, advise the applicant to apply under Part 5,\nDivision 4.\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Provisions applying to application for enrolment in","content":"63 Provisions applying to application for enrolment in\nGovernment school\n(1) An application under Part 5, Division 4 may be determined\nconcurrently with an application under this Division for enrolment in\na Government school.\n(2) The principal of the Government school must decide whether to\ngrant or refuse an application under this Division within 14 days\nafter receiving it.\n(3) As soon as practicable after the principal has made a decision\nunder subsection (2), the principal must give written notice of the\ndecision to the applicant.\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Review of decision of principal of Government school","content":"64 Review of decision of principal of Government school\n(1) A decision of a principal of a Government school under\nsection 63(2) is reviewable by the CEO on an application made by\nthe person to whom the decision relates.\n\nEducation Act 2015 34\n(2) An application for a review of a decision by the CEO must be made\nin writing and given to the CEO within 14 days after the day on\nwhich the applicant is given notice of the decision under\nsection 63(3).\n(3) The CEO may extend the time allowed for making an application\nmentioned in subsection (2).\n(4) The CEO must make a decision on the review as soon as\npracticable after the application for review is made.\n(5) In making a decision under subsection (4), the CEO may:\n(a) confirm the decision under review; or\n(b) vary the decision under review; or\n(c) set aside the decision under review and substitute a different\n(6) As soon as practicable after the CEO has made a decision under\nsubsection (4), the CEO must give written notice of the decision to\nthe applicant and the principal whose decision was reviewed.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Power to cancel enrolment of mature age student in","content":"65 Power to cancel enrolment of mature age student in\nGovernment school\nThe principal of a Government school may, by written notice given\nto a mature age student, cancel the enrolment of the student in the\nschool if the student:\n(a) without reasonable excuse, has not attended the school for at\nleast 8 school weeks; or\n(b) over a period of at least 8 school weeks has, without\nreasonable excuse, attended the school for less than 50% of\nthe time during which instruction is provided at the school; or\n(c) in the opinion of the principal – is not making satisfactory\nprogress.\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Enrolment of international students","content":"66 Enrolment of international students\n(1) An international student, or a person who intends to become an\ninternational student, who meets any eligibility criteria prescribed by\nregulation may apply to the principal of a Government school for\nenrolment in the school.\n\n","sortOrder":68},{"sectionNumber":"Div 7","sectionType":"division","heading":"Enrolment of non-Territory students in distance education centres","content":"Division 7 Enrolment of non-Territory students in distance education centres\nEducation Act 2015 35\n(2) The principal may enrol an applicant under subsection (1) in the\n67 Fees\n(1) Regulations may provide for fees payable by international students\nenrolled in Government schools:\n(a) for education services provided to them by Government\nschools; and\n(b) for the provision to them of facilities or arrangements for their\naccommodation.\n(2) The CEO may, by written notice given to an international student,\nspecify the date on which a fee is due and payable by the student.\n(3) A fee that is payable by an international student under this section\nmust be paid by the due date.\n(4) The CEO may, by written notice given to an international student,\ncancel the enrolment of the international student in the Government\nschool if any fee payable by the international student is not paid by\nthe due date.\nDivision 7 Enrolment of non-Territory students in distance\neducation centres\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Enrolment in distance education centre by overseas student","content":"68 Enrolment in distance education centre by overseas student\n(1) A person who is not an Australian citizen or resident in Australia\nand who is under the age of 18 years may apply to the CEO for\nenrolment in a distance education centre.\n(2) The CEO may enrol an applicant under subsection (1) if satisfied\nthat the applicant is, at the time of enrolment, under the age of\n18 years.\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Fees for distance education centres","content":"69 Fees for distance education centres\n(1) Regulations may provide for fees for the provision of education\nservices by distance education centres to the following classes of\nstudents:\n(a) students who are not Australian citizens or resident in\nAustralia;\n(b) students whose usual place of residence is not in the Territory.\n\nEducation Act 2015 36\n(2) The CEO may, by written notice given to a student, specify the date\non which a fee is due and payable.\n(3) A fee that is payable in respect of a student enrolled in a distance\neducation centre must be paid by the due date.\n(4) The CEO may, by written notice given to a student, cancel the\nenrolment of the student in the distance education centre if any fee\npayable by the student is not paid by the due date.\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"Parents to ensure participation in eligible option","content":"70 Parents to ensure participation in eligible option\n(1) This section applies in relation to a child who:\n(a) completes year 10 of secondary education and is under the\nage of 17 years; and\n(b) is not exempt from participating in an eligible option.\n(2) A parent who has daily care and control of the child must ensure\nthe child participates in an eligible option.\n(3) If the child is living independently, the child must participate in an\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Inquiries about participation in eligible option","content":"71 Inquiries about participation in eligible option\n(1) For the effective administration of this Division, the CEO may make\nany inquiries that the CEO considers appropriate.\n\nEducation Act 2015 37\n(2) If the CEO has information that a person is the provider of an\neligible option to a child, the CEO may require the person to give\ninformation about the child's participation in the eligible option.\n(3) The requirement must be made by written notice given to the\nperson.\n(4) The person must comply with the notice.\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) The CEO may also ask a child to give information about the child's\nparticipation in an eligible option.\n(7) The request must be made by written notice given to the child.\n(8) The child must comply with the notice.\n(9) An offence against subsection (8) is an offence of strict liability.\n(10) It is a defence to a prosecution for an offence against\nsubsection (4) or (8) if the defendant has a reasonable excuse.\n(11) Subsections (2) and (6) do not limit subsection (1).\n(12) In this section:\nprovider, of an eligible option to a child, means a person who:\n(a) provides the child with approved education or training of a kind\nmentioned in section 38(5); or\n(b) employs the child.\n","sortOrder":73},{"sectionNumber":"72","sectionType":"section","heading":"Requirement to notify changes in participation in eligible","content":"72 Requirement to notify changes in participation in eligible\noption\n(1) This section applies in relation to a child who:\n(a) is under the age of 17 years and not exempt from participating\nin an eligible option; and\n\nEducation Act 2015 38\n(b) participates in an eligible option after having completed\nyear 10 of secondary education.\n(2) A parent of the child who has daily care and control of the child\nmust notify the CEO, in writing, of any change to the child's\nparticipation in an eligible option as soon as practicable after the\nchange occurs.\n(3) If the child is living independently, the child must notify the CEO, in\nwriting, of any change to the child's participation in an eligible option\nas soon as practicable after the change occurs.\n(4) For subsection (2) or (3), a change to a child's participation in an\neligible option includes:\n(a) the child ceasing to participate in the eligible option; or\n(b) a change in the type of eligible option in which the child\nparticipates; or\n(c) the child ceasing to participate on a full-time basis in the\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"Declaration of school as Government school","content":"73 Declaration of school as Government school\n(1) The Minister may, by Gazette notice, declare a school to be a\nGovernment school.\n(2) However, the Minister must not declare a school that is wholly\nmaintained otherwise than by Territory or Commonwealth funding\nto be a Government school.\n\nEducation Act 2015 39\n","sortOrder":75},{"sectionNumber":"74","sectionType":"section","heading":"Designation of independent public schools","content":"74 Designation of independent public schools\n(1) The CEO may, by Gazette notice, designate a Government school\nas an independent public school.\n(2) The purpose of a designation under subsection (1) is to recognise\nthat the school has, under this Act, greater autonomy to undertake\nthe provision of education to children and young persons in the\ncommunity that it serves.\n","sortOrder":76},{"sectionNumber":"75","sectionType":"section","heading":"Government school education to be free","content":"75 Government school education to be free\n(1) This section applies in relation to a student:\n(a) whose usual place of residence is in the Territory; and\n(b) who is an Australian citizen or permanent resident in Australia\nor a child of such a citizen or resident; and\n(c) who is enrolled in a Government school.\n(2) The cost of providing the following at the Government school to the\nstudent must be met by the Territory:\n(a) instruction that forms part of the program that is prescribed by\nregulation (the standard curriculum program);\n(b) any materials or administrative or other services or facilities\nprovided as part of the standard curriculum program.\n(3) This section does not affect the power of a school representative\nbody under section 107(1)(m), or of a school management council\nor multi-school management council under section 119(1)(i), to\nimpose a charge for the provision to a student of anything not\ncovered by subsection (2).\n","sortOrder":77},{"sectionNumber":"76","sectionType":"section","heading":"Government schools may charge non-Government schools","content":"76 Government schools may charge non-Government schools\n(1) This section applies if a Government school allows a student\nenrolled in a non-Government school to participate in an education\nprogram offered at the Government school.\n(2) Regulations may provide for fees that may be imposed by the\nGovernment school on the non-Government school for the\nparticipation of the student in the education program.\n\nEducation Act 2015 40\n","sortOrder":78},{"sectionNumber":"77","sectionType":"section","heading":"Guidelines","content":"77 Guidelines\nThe CEO may prepare and publish guidelines, not inconsistent with\nthis Act, about the enrolment of students in Government schools.\n","sortOrder":79},{"sectionNumber":"78","sectionType":"section","heading":"Priority enrolment areas","content":"78 Priority enrolment areas\n(1) This section does not apply to a Government school that is a\ndistance education centre.\n(2) The CEO may, by written notice given to the principal of a\nGovernment school, determine a geographical area as the priority\nenrolment area for the school.\n(3) The CEO may, at any time when the CEO considers it appropriate\nto do so, by written notice given to the principal, amend a\nGovernment school's priority enrolment area.\n(4) The amendment of a Government school's priority enrolment area\nhas no effect on the continued enrolment of a student who was\nenrolled in the school immediately before that amendment.\n","sortOrder":80},{"sectionNumber":"79","sectionType":"section","heading":"School enrolment management plan","content":"79 School enrolment management plan\n(1) This section does not apply to a Government school that is a\ndistance education centre.\n(2) A school enrolment management plan for a Government school\nis a document that:\n(a) states the school's priority enrolment area; and\n(b) states principles according to which applications for enrolment\nby children who usually reside outside the school's priority\nenrolment area are to be determined; and\n(c) is consistent with any guidelines in force under section 77.\n(3) The principal of a Government school must prepare a draft school\nenrolment management plan for the school as soon as practicable\nafter becoming aware that the school has reached the proportion of\nits enrolment capacity that is prescribed by regulation.\n(4) The principal must submit a draft plan prepared under\nsubsection (3) to the CEO for approval.\n\nEducation Act 2015 41\n(5) As soon as practicable after receiving a draft school enrolment\nmanagement plan, the CEO must:\n(a) approve the plan or amend the plan and approve it as\namended; and\n(b) give written notice of the approval to the principal.\n(6) The CEO may at any time, by written notice given to the principal of\na Government school, direct the principal:\n(a) to prepare a new draft school enrolment management plan for\nthe school; and\n(b) to submit the draft school enrolment management plan to the\nCEO for approval under subsection (4) within the period\n(7) The principal of a Government school that has a school enrolment\nmanagement plan must comply with the plan in enrolling children in\n","sortOrder":81},{"sectionNumber":"80","sectionType":"section","heading":"Direction about enrolment","content":"80 Direction about enrolment\n(1) This section applies if the CEO believes on reasonable grounds\nthat:\n(a) the enrolment of a student in a particular Government school\nis likely to constitute a risk of physical or psychological harm to\nthe student, staff or other students; or\n(b) the enrolment of a student in a school, other than a particular\nGovernment school, is likely to constitute a risk of physical or\npsychological harm to the student, staff or other students; or\n(c) a particular Government school may be better able to meet\nthe particular needs of a student than any other Government\n(2) The CEO may direct that:\n(a) the student is not to be enrolled in a specified Government\n(b) if the student is to be enrolled in a Government school – the\nstudent must be enrolled in a specified Government school; or\n(c) if the student is enrolled in a Government school – the student\nis to be enrolled instead in a specified Government school on\nand from the date specified in the direction.\n\nEducation Act 2015 42\n(3) The direction must be by written notice given to:\n(a) a parent who has daily care and control of the student; or\n(b) if the student is living independently – the student.\n(4) The student must not be enrolled in a Government school in\ncontravention of the direction.\n(5) This section does not limit Part 4, Division 4.\n","sortOrder":82},{"sectionNumber":"81","sectionType":"section","heading":"Conditions on enrolment for behaviour management purposes","content":"81 Conditions on enrolment for behaviour management purposes\n(1) The CEO may attach reasonable conditions to the enrolment of a\nparticular student in a Government school for the purpose of\nmanaging the student's behaviour.\n(2) Conditions are attached under subsection (1) by the CEO giving\nwritten notice of them to:\n(a) a parent who has daily care and control of the student or, if the\nstudent is living independently, the student; and\n(b) the principal of the school.\n","sortOrder":83},{"sectionNumber":"82","sectionType":"section","heading":"Standard allocation","content":"82 Standard allocation\n(1) A student enrolled in a Government school has an allocation of\n26 semesters of Government school education (the standard\nallocation) from transition year to year 12.\n(2) If a student applies to the principal of a Government school for\nenrolment for a year other than transition year, the principal must\ndetermine the year level in which the student is to be placed.\n(3) A student mentioned in subsection (2) is entitled to an allocation of\nsemesters of Government school education comprised of:\n(a) one or 2 semesters for the year level in which the student is\nplaced, depending on the time of the year at which the\nplacement is made; and\n(b) 2 semesters for each subsequent year to the end of year 12.\n(4) Subsection (5) applies if a student enrolled in a Government school\ndoes not attend the school for a period of more than 8 weeks in a\nsemester.\n\nEducation Act 2015 43\n(5) The semester:\n(a) is counted as part of the student's standard allocation if the\nabsence was not approved by the principal; but\n(b) is not counted as part of the student's standard allocation if\nthe absence was approved by the principal.\n(6) If a student enrolled in a Government school repeats one or more\nyears of schooling:\n(a) the repeated year (or first repeated year) does not count as\npart of the student's standard allocation; and\n(b) any other repeated year counts as part of the student's\nstandard allocation.\n","sortOrder":84},{"sectionNumber":"83","sectionType":"section","heading":"Additional allocation","content":"83 Additional allocation\n(1) A student, or a parent of a student, who has exhausted the\nstandard allocation, or any additional allocation granted under this\nsection, may apply to the CEO, in the approved form, for a grant of\nup to 2 additional semesters of Government school education.\n(2) An application under subsection (1) must be made no later than\n30 days before the beginning of the additional semester, or first\nadditional semester, to which the application relates.\n(3) However, the CEO may, if the CEO considers that the\ncircumstances make it reasonable to do so, accept an application\nunder subsection (1) made later than as mentioned in\nsubsection (2).\n(4) The CEO may:\n(a) grant or refuse an application or, in the case of an application\nfor 2 additional semesters, partially grant the application; and\n(b) determine the location and form of the educational instruction\nto be provided to the student having regard to:\n(i) the educational needs of the student; and\n(ii) the safety and welfare of staff and other students.\n(5) Regulations may specify:\n(a) the procedure to be followed by the CEO in determining an\napplication, including matters to which the CEO must have\nregard; and\n\nEducation Act 2015 44\n(b) without limiting subsection (6), conditions that the CEO may\nimpose on the grant of an application.\n(6) The CEO may impose any condition on the grant that the CEO\nconsiders appropriate including, if the student is a mature age\nstudent, a requirement to comply with Part 4, Division 5.\n(7) The CEO must make a decision on an application within 30 days\nafter receiving it.\n(8) As soon as practicable after the CEO has made a decision under\nsubsection (7), the CEO must give a decision notice to:\n(a) the applicant; and\n(b) if the applicant is a student who is not a child living\nindependently, a parent who has daily care and control of the\nstudent; and\n(c) the principal.\n","sortOrder":85},{"sectionNumber":"84","sectionType":"section","heading":"Cancellation of additional allocation","content":"84 Cancellation of additional allocation\n(1) The CEO may, at any time, cancel the enrolment of a student in a\nGovernment school for an additional semester if of the opinion that\nthe student has breached any condition imposed under\nsection 83(6).\n(2) As soon as practicable after the CEO has made a decision to\ncancel an enrolment under subsection (1), the CEO must give a\ndecision notice to:\n(a) the student; and\n(b) if the student is not a child living independently, a parent who\nhas daily care and control of the student; and\n(c) the principal.\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Responsibility of CEO for curricula","content":"85 Responsibility of CEO for curricula\n(1) Subject to this section, the CEO is responsible for:\n(a) the curricula in accordance with which instruction is provided\nin Government schools; and\n(b) the standards of education in Government schools.\n\nEducation Act 2015 45\n(2) Without limiting subsection (1), the CEO may, either generally or in\nrelation to a particular school:\n(a) subject to any advice provided under section 25(a)(ii) or (iii),\nmake available to schools any examination or assessment\nsystems or arrangements that the CEO considers necessary\nor desirable; or\n(b) give any written directions as to the content, methods and\nevaluation of teaching and learning in Government schools\nthat the CEO considers appropriate.\n(3) For subsection (2)(a), the CEO may make arrangements with one\nor more educational institutions in Australia, or with one or more of\nthe States or another Territory that administers education services,\nfor the provision by them in the Territory of examination systems.\n(4) The CEO may prepare and publish, for the guidance of\nGovernment schools, guidelines, not inconsistent with this Act, for\nor in relation to curricula or teaching methods.\n(5) A Government school must comply with any guidelines published\nunder subsection (4).\n(6) The CEO may give a written direction to the principal of a\nGovernment school on any matter relating to curricula, teaching\nmethods, assessment or reporting procedures at the school.\n(7) The principal must comply with any direction given to the principal\nunder subsection (6).\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Religious instruction in Government schools","content":"86 Religious instruction in Government schools\n(1) Subject to this section, the CEO may provide for religious\ninstruction to be given to students who are enrolled in a\nGovernment school on any conditions, and at any time during\nschool hours, that the CEO considers appropriate.\n(2) A parent of a student enrolled in a Government school may, in\nwriting, request the CEO to permit religious instruction to be given\nto the student by a minister of religion nominated by the parent or\nby a person authorised by that minister.\n(3) The CEO may, if the CEO considers it practicable to do so, permit a\nminister of religion, or a person authorised by a minister of religion,\nto give religious instruction during school hours to students whose\nparents requested that instruction under subsection (2).\n\nEducation Act 2015 46\n(4) Religious instruction permitted under subsection (3) must be given\nfor not less than half an hour at a time in every school week, on the\ndays and at the times that the CEO determines.\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Student may be withdrawn from specified course","content":"87 Student may be withdrawn from specified course\n(1) A parent of a student enrolled in a Government school may request\nthe principal of the school to withdraw the student from the whole or\na specified part of a specified course of instruction provided for the\nstudent at the school.\n(2) The principal:\n(a) may agree to the request and make the necessary\narrangements to comply with the request if satisfied it is\nappropriate to do so; and\n(b) must make the necessary arrangements to comply with the\nrequest if:\n(i) the course of instruction specified in the request is a\ncourse of religious instruction; or\n(ii) the parent claims to have a conscientious objection to\nthe student attending the course or part of the course\nand the course is not a mandatory part of the curriculum.\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Guidelines on flexible education provision","content":"88 Guidelines on flexible education provision\n(1) The CEO may prepare and publish guidelines, not inconsistent with\nthis Act, for or in relation to the provision by Government schools of:\n(a) education programs by a method different to the method by\nwhich they are ordinarily provided; or\n(b) education programs modified for particular kinds of students.\n(2) Without limiting subsection (1), guidelines may be made about the\nfollowing matters:\n(a) the content of the programs;\n(b) the method by which the programs may be provided;\n(c) the students to whom, and the circumstances in which, the\nprograms may be provided;\n(d) the use of staff or facilities in providing the programs.\n(3) A Government school must comply with any guidelines published\nunder subsection (1).\n\nEducation Act 2015 47\n","sortOrder":90},{"sectionNumber":"Div 6","sectionType":"division","heading":"Medical and dental inspections","content":"Division 6 Medical and dental inspections\n","sortOrder":91},{"sectionNumber":"89","sectionType":"section","heading":"Medical and dental inspections","content":"89 Medical and dental inspections\n(1) The Minister may cause any Government school to be visited by a\nmedical practitioner, dentist, midwife or nurse for the purpose of:\n(a) the medical or dental examination of the students in\nattendance at the school; or\n(b) advising the principal on any matter relating to the health or\nwelfare of the students enrolled in the school.\n(2) In this section:\ndentist means a person registered under the Health Practitioner\nRegulation National Law:\n(a) to practise in the dental profession as a dentist (other than as\na student); and\n(b) in the dentists division of that profession.\nmidwife means a person registered under the Health Practitioner\nRegulation National Law to practise in the midwifery profession\n(other than as a student).\nnurse means a person registered under the Health Practitioner\nRegulation National Law to practise in the nursing profession (other\nthan as a student).\n","sortOrder":92},{"sectionNumber":"90","sectionType":"section","heading":"Management of behaviour","content":"90 Management of behaviour\n(1) In making a decision relevant to the management of the behaviour\nof a student enrolled in a Government school, the principal must\nhave regard to the following matters:\n(a) the age of the student;\n(b) the developmental stage of the student;\n(c) whether the student is a child with special learning needs;\n(d) the mental health and wellbeing of the student;\n(e) the physical health and wellbeing of the student;\n(f) any relevant religious or cultural considerations;\n\nEducation Act 2015 48\n(g) the student's home environment and the arrangements in\nplace for the student's care.\n(2) The CEO may prepare and publish guidelines, not inconsistent with\nthis Act, relating to the management of the behaviour of students\nenrolled in Government schools.\n(3) The principal of a Government school must comply with any\nguidelines published under subsection (2) in making a decision\nmentioned in subsection (1).\n","sortOrder":93},{"sectionNumber":"91","sectionType":"section","heading":"Suspension by principal","content":"91 Suspension by principal\n(1) This section applies if the principal of a Government school is\nsatisfied that a student who is enrolled in the school should be\nsuspended from attending the school because the student's\npresence is likely to constitute a risk of physical or psychological\nharm to other persons at the school.\nThe student has repeatedly engaged in behaviour that negatively impacts on the\npsychological welfare of other students at the school.\n(2) The principal may, by written notice given to the student, suspend\nthe student from attending the school either wholly or to the extent\n(3) A notice of suspension may include any conditions the principal\nconsiders appropriate and with which the student must comply.\n(4) The principal must, as soon as practicable, give a copy of the notice\nof suspension and a report of the circumstances to:\n(a) the CEO; and\n(b) if the suspended student is a child not living independently – a\n(5) The suspension has effect:\n(a) for the period, not exceeding 20 school days, specified in the\nnotice of suspension; or\n(b) if the Minister expels the student under section 93 within the\nperiod mentioned in paragraph (a) – until the expulsion.\n\nEducation Act 2015 49\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Exclusion by CEO","content":"92 Exclusion by CEO\n(1) This section applies if a student who is enrolled in a Government\nschool is charged with an offence, whether committed in or outside\nthe Territory, punishable by a term of imprisonment of more than\n2 years.\n(2) The CEO may, as specified in a written notice given to the student,\nexclude the student, until the charge is determined by a court or\notherwise withdrawn, from:\n(a) the whole or part of any land, premises or facility occupied or\n(b) participation in any program or activity conducted by or on\nbehalf of the school.\n(3) The CEO may give a notice under subsection (2) only if of the\nopinion that it is necessary to do so because the student's presence\nis likely to constitute an unacceptable risk of physical or\n(4) As soon as practicable after excluding a student who is a child not\nliving independently, the CEO must give a copy of the notice of\nexclusion to a parent who has daily care and control of the student.\n(5) A student who is given a notice under subsection (2) or a parent\nwho is given a copy of a notice under subsection (4) may apply, as\nspecified in the Regulations, for the CEO to review the decision to\nexclude the student.\n(6) The CEO, after reviewing the decision, may do one of the following:\n(a) confirm the decision;\n(b) vary the decision;\n(c) set aside the decision and substitute a different decision.\n(7) The CEO, as soon as practicable after reviewing the decision, must\ngive a decision notice to the student, or to the student and a parent\nwho has daily care and control of the student, as appropriate.\n(8) If an exclusion has the effect of preventing the student from\nattending all Government schools, the CEO must take reasonable\nsteps to arrange for the student's participation in an education\nprogram that allows the student to continue their education during\nthe exclusion.\n\nEducation Act 2015 50\n","sortOrder":95},{"sectionNumber":"93","sectionType":"section","heading":"Expulsion by Minister","content":"93 Expulsion by Minister\n(1) If the Minister considers it necessary in the interests of other\npersons present at a Government school, the Minister may, by\nwritten notice given to a student enrolled in the school, expel the\nstudent from the school.\n(2) As soon as practicable after expelling a student who is a child not\nliving independently, the Minister must give a copy of the notice of\nexpulsion to a parent who has daily care and control of the child.\n(3) A student who is given a notice under subsection (1) or a parent\nwho is given a copy of a notice under subsection (2) may apply, as\nspecified in the Regulations, for the Minister to review the decision\nto expel the student.\n(4) The Minister may review the expulsion decision and revoke the\nnotice if satisfied the student should no longer be expelled from the\n(5) If the Minister decides to revoke the notice, the Minister must, as\nsoon as practicable after making the decision, give a written notice\nof revocation to:\n(a) the expelled student; or\n(b) for a student who is a child not living independently – a parent\nhaving daily care and control of the student.\n(6) If the Minister decides not to revoke the notice, the Minister must,\nas soon as practicable after making the decision, give a decision\nnotice to:\n(a) the expelled student; or\n(b) for a student who is a child not living independently – a parent\nwho has daily care and control of the student.\n","sortOrder":96},{"sectionNumber":"94","sectionType":"section","heading":"Parent to ensure non-attendance","content":"94 Parent to ensure non-attendance\n(1) This section applies if a parent of a student, or a student who is a\nchild living independently, has been notified:\n(a) under section 41 that the student is not to attend school for a\nperiod; or\n(b) under section 91 that the student is suspended from attending\na school for a period; or\n\nEducation Act 2015 51\n(c) under section 92 that the student is excluded from:\n(i) any land, premises or facility occupied or used by a\n(ii) participation in any program or activity conducted by or\non behalf of a school; or\n(d) under section 93 that the student is expelled from a school.\n(2) The parent of a student who is a child not living independently must\nensure the student complies with the notice.\n(3) If a student who is a child living independently has been notified as\nmentioned in subsection (1), the student must comply with the\nnotice.\n","sortOrder":97},{"sectionNumber":"95","sectionType":"section","heading":"Re-enrolment after expulsion","content":"95 Re-enrolment after expulsion\nIf a student has been expelled from a Government school, the\nstudent must not be enrolled in a Government school unless:\n(a) the Minister gives permission for the enrolment; or\n(b) the school is a distance education centre.\nNote for section 95\nIf the expelled student is a child of compulsory school age, Part 4 continues to\napply in relation to the child despite the expulsion.\n\nEducation Act 2015 52\n","sortOrder":98},{"sectionNumber":"96","sectionType":"section","heading":"Amalgamation or permanent closure of Government school","content":"96 Amalgamation or permanent closure of Government school\n(1) The Minister may, on any terms and conditions that the Minister\nconsiders appropriate:\n(a) amalgamate 2 or more Government schools; or\n(b) permanently close a Government school.\n(2) The powers conferred by subsection (1) may be exercised in\nrespect of part of a Government school.\n","sortOrder":99},{"sectionNumber":"97","sectionType":"section","heading":"Consultation before amalgamation or permanent closure","content":"97 Consultation before amalgamation or permanent closure\n(1) This section applies if the Minister proposes to exercise a power\nunder section 96(1).\n(2) The Minister must consult on the proposal with:\n(a) the principal and staff of the school or schools affected by the\nproposal; and\n(b) the students enrolled in the school or schools affected by the\nproposal and their parents; and\n(c) any bodies that the Minister considers to be representative of\nthe persons mentioned in paragraph (a) or (b) or of the\ncommunity in which the school or schools affected by the\nproposal is or are located.\n(3) The Minister must consult on the following matters:\n(a) alternative arrangements for the enrolment of students\naffected by the proposal and the appropriateness of those\narrangements;\n(b) alternative arrangements for allocating to one or more other\nschools the principal and staff affected by the proposal;\n(c) the provision of education or training services to students\naffected by the proposal;\n(d) the disposal of any assets realised as a result of the proposal;\n(e) any other matter that the Minister considers appropriate.\n\nEducation Act 2015 53\n(4) The Minister may consult in the manner that the Minister considers\nappropriate and the Minister's decision on the manner of\nconsultation cannot be challenged, reviewed or called into question\nby a court or tribunal.\n","sortOrder":100},{"sectionNumber":"98","sectionType":"section","heading":"Gazette notice required for permanent closure","content":"98 Gazette notice required for permanent closure\n(1) This section applies if the Minister proposes to permanently close a\nGovernment school under section 96(1)(b).\n(2) The Minister must publish notice of the proposal in the Gazette.\n(3) The Government school to which a notice under subsection (2)\napplies cannot be closed:\n(a) unless the consultation required by section 97 occurs after the\npublication of the notice; and\n(b) subject to subsection (4), until the expiry of a period of\n12 months after that publication.\n(4) The requirement for a period of 12 months mentioned in\nsubsection (3)(b) does not apply if the Minister is sooner satisfied\nthat:\n(a) a majority of the parents of the students enrolled in the school\nwish the school to be closed before the expiry of that period;\nand\n(b) there are special circumstances that justify doing so.\n","sortOrder":101},{"sectionNumber":"99","sectionType":"section","heading":"Permanent closure for safety or welfare reasons","content":"99 Permanent closure for safety or welfare reasons\nThe Minister may, by Gazette notice, permanently close a\nGovernment school under section 96(1)(b) without complying with\nsection 97 or 98 if of the opinion that the safety or welfare of staff or\nstudents at the school is likely to be at risk if the school is not\nclosed as soon as practicable.\n","sortOrder":102},{"sectionNumber":"100","sectionType":"section","heading":"Temporary closure of Government school","content":"100 Temporary closure of Government school\n(1) The CEO may temporarily close a Government school if the CEO\nconsiders it appropriate to do so:\n(a) because of a short-term risk to the safety or welfare of staff or\nstudents at the school; or\n(b) for cultural reasons; or\n(c) for any other reason.\n\nEducation Act 2015 54\n(2) The power conferred by subsection (1) may be exercised in respect\nof part of a Government school.\n(3) This section does not affect the operation of the Emergency\nManagement Act 2013.\n","sortOrder":103},{"sectionNumber":"Div 10","sectionType":"division","heading":"Accommodation","content":"Division 10 Accommodation\n","sortOrder":104},{"sectionNumber":"101","sectionType":"section","heading":"Compliance with boarding school standard","content":"101 Compliance with boarding school standard\nAny person or body providing facilities for the accommodation of\nstudents enrolled in a Government school must ensure that the\nfacilities meet any relevant Australian Standard.\nPart 6 Parent and community involvement in\nGovernment schools\nDivision 1 Objects of Part\n102 Objects of Part\nThe objects of this Part are:\n(a) to recognise the importance of parents and communities in the\ngovernance of Government schools; and\n(b) for that purpose, to provide for the establishment and\noperation of school representative bodies and require\nprincipals of Government schools to take reasonable steps to\nestablish them; and\n(c) to recognise that independent public school boards are\naccountable to their local communities for the achievement of\neducational outcomes for children and young persons in those\ncommunities; and\n(d) to provide for the establishment of a parent consultative group\nat a Government school at which there is not a school\nrepresentative body and at which it is not reasonably\npracticable for one to be established.\n","sortOrder":105},{"sectionNumber":"103","sectionType":"section","heading":"Establishment of school representative body","content":"103 Establishment of school representative body\n(1) The principal of a Government school must, if there is no school\nrepresentative body established for the school, take reasonable\nsteps each year to ensure that one is established for the school.\n\nEducation Act 2015 55\n(2) Subject to subsection (3), the Minister may, by Gazette notice, at\nthe request of a body involved in the management of, or from the\ncommunity served by, one or more Government schools, establish\na school representative body for the Government school or schools.\n(3) The Minister must not establish a school representative body under\nsubsection (2) unless the Minister is satisfied that the school\nrepresentative body will operate, on its establishment, in\naccordance with this Part.\n(4) A school representative body:\n(a) for a Government school that is an independent public school,\nmay be referred to as an independent public school board;\nand\n(b) for any other Government school, may be referred to as a\nschool council; and\n(c) for more than one Government school, may be referred to as\na joint school representative body.\n(5) Subject to section 104(2), a school representative body consists of\nmembers in the classes of members prescribed by regulation, of\nwhich at least 50% must be parents of students enrolled at the\nGovernment school or any of the Government schools for which the\nschool representative body is established.\n(6) The members of a school representative body hold office on the\nterms and conditions prescribed by regulation.\n(7) Without limiting subsection (6), the CEO may remove a member of\na school representative body from office:\n(a) for misconduct; or\n(b) for failure or incapacity to carry out the duties of the office; or\n(c) for any other reasonable cause.\n(8) The Regulations may:\n(a) specify the procedure for the appointment of a chairperson;\nand\n(b) provide for the filling of casual vacancies; and\n(c) specify:\n(i) how meetings may be called; and\n\nEducation Act 2015 56\n(ii) how many members constitute a quorum at a meeting;\nand\n(iii) how questions arising at a meeting are to be determined;\nand\n(iv) the business to be conducted, and procedure to be\nfollowed, at a meeting; and\n(v) the records to be kept of meetings.\n","sortOrder":106},{"sectionNumber":"104","sectionType":"section","heading":"Independent public school boards","content":"104 Independent public school boards\n(1) An independent public school board must perform its functions in a\nway that achieves the best educational outcomes for the students\nenrolled in the school.\nNote for subsection (1)\nSection 103(4)(a) provides that a school representative body of an independent\npublic school may be referred to as an independent public school board.\n(2) The Minister may, on the application of an independent public\nschool board, modify by Gazette notice the application to the board\nof section 103(5) or of any regulations made under that subsection.\n(3) Regulations may specify the procedure to be followed by the\nMinister in relation to an application, including any of the following:\n(a) matters to which the Minister must have regard;\n(b) the powers that the Minister may exercise;\n(c) the period within which the Minister must determine an\napplication.\n(4) The Minister must, by Gazette notice, publish notice of a\nmodification mentioned in subsection (2) ceasing to apply as soon\nas practicable after that circumstance occurs.\n","sortOrder":107},{"sectionNumber":"105","sectionType":"section","heading":"Restrictions on school representative body","content":"105 Restrictions on school representative body\n(1) Subject to subsection (2), a school representative body must:\n(a) comply with the terms of reference determined under\nsection 108(2); and\n(b) comply with the guidelines published under section 112(1).\n(2) The Minister may, on any terms and conditions that the Minister\nconsiders appropriate, exempt a school representative body from\ncomplying with subsection (1)(b).\n\nEducation Act 2015 57\n","sortOrder":108},{"sectionNumber":"106","sectionType":"section","heading":"Incorporation of school representative body","content":"106 Incorporation of school representative body\n(1) A school representative body:\n(a) is a body corporate with perpetual succession and a common\nseal; and\n(b) except for a joint school representative body, is capable in its\ncorporate name, subject to the regulations, of:\n(i) entering into agreements; and\n(ii) acquiring, holding, dealing with and disposing of real and\npersonal property; and\n(c) is capable of suing and being sued in its corporate name.\n(2) A school representative body must adopt the model constitution\npublished under section 108(3) (with variations in particulars as\nmentioned in section 108(4)) as the constitution of the body at any\ntime on or after its establishment.\n(3) All courts, judges and persons acting judicially must take judicial\nnotice of the common seal of a school representative body affixed\nto a document and are to presume that it was duly affixed.\n(4) A school representative body:\n(a) represents the Territory; and\n(b) enjoys the privileges, rights or immunities of the Crown in right\nof the Territory; and\n(c) is within the shield of the Crown in right of the Territory.\n","sortOrder":109},{"sectionNumber":"107","sectionType":"section","heading":"Functions of school representative body","content":"107 Functions of school representative body\n(1) Subject to subsection (2), a school representative body may, in\nrespect of the Government school or any of the Government\nschools for which the school representative body is established, do\nany of the following:\n(a) examine how the educational policies of the Territory are to be\nimplemented at the school and advise the principal\naccordingly;\n(b) inquire into, and identify, the particular educational needs of\nthe community served by the school and advise the CEO with\nrespect to those needs;\n\nEducation Act 2015 58\n(c) consider and advise the principal and CEO with respect to\ncommunity education initiatives and, in particular, on means\nfor improving links between the school, parent organisations\nand the community in general;\n(d) assess, from time to time, the following needs and make\nrecommendations to the CEO with respect to satisfying them:\n(i) the needs of the school for buildings, facilities and\nequipment;\n(ii) the needs of students, teachers and other staff;\n(e) within the scope allowed by the functions conferred on the\nbody, determine the purposes for which money allocated by\nthe Agency to the school is to be expended and expend\nmoney paid by the Agency to the school;\n(f) determine whether, and regulate how, the buildings or\ngrounds of the school may be used for the conduct of activities\nfor the benefit of the community served by the school at any\ntime when they are not required for school purposes;\n(g) exercise general control over the buildings and grounds of the\nschool, including (with the consent of the CEO) controlling, on\nany terms and conditions approved in writing by the CEO, the\nconduct of work carried out in or on them;\n(h) control the manner in which services of a kind prescribed by\nregulation are provided for the school;\n(i) advise the CEO about the job description for the position of\nprincipal;\n(j) advise the principal about the job descriptions for teaching and\nancillary staff;\n(k) in accordance with the Fair Work Act 2009 (Cth) and any\nrelevant award, employ persons on any terms and conditions\nthat are approved in writing by the CEO;\n(l) carry out any activities, if approved by the CEO, for raising\nmoney to be expended on, or in relation to, the school and\nexpend that money accordingly;\n(m) determine fees that may be charged for the provision to a\nstudent of any approved materials, services or facilities not\ncovered by section 75(2) that a parent of the student chooses\nto have provided to the student;\n\nEducation Act 2015 59\n(n) seek voluntary contributions from parents of students enrolled\nin the school for a purpose prescribed by regulation;\n(o) perform any other functions as directed by the CEO.\n(2) A joint school representative body does not have the functions\nmentioned in subsection (1)(e), (g), (h), (k), (m) or (n).\nNote for subsection (2)\nA school management council has these functions. See section 119.\n(3) Subsection (4) applies if both a school representative body (not\nbeing a joint school representative body) and a school management\ncouncil or multi-school management council are established in\nrespect of a Government school.\n(4) The school representative body must not, except with the approval\nof the CEO, perform a function under subsection (1) that is also a\nfunction of the school management council or multi-school\nmanagement council under section 119.\n(5) In subsection (1)(m):\napproved means approved as an item for which a fee may be\ncharged:\n(a) by regulation; or\n(b) by the CEO.\n","sortOrder":110},{"sectionNumber":"108","sectionType":"section","heading":"Powers of, and terms of reference and model constitution for,","content":"108 Powers of, and terms of reference and model constitution for,\nschool representative body\n(1) A school representative body has the powers necessary to perform\nits functions.\n(2) The Minister may, in writing given to the school representative\nbody, determine terms of reference for the body.\n(3) The Minister may prepare and publish a model constitution for a\n(4) A model constitution published under subsection (3) may specify\nparticulars that may be varied by a school representative body on\nadopting it.\n\nEducation Act 2015 60\n","sortOrder":111},{"sectionNumber":"109","sectionType":"section","heading":"Power to make grants","content":"109 Power to make grants\nThe Minister may make a grant of money to a school representative\nbody, other than a joint school representative body, on any terms\nand conditions that the Minister considers appropriate.\n","sortOrder":112},{"sectionNumber":"110","sectionType":"section","heading":"Money of school representative body","content":"110 Money of school representative body\n(1) The money of a school representative body consists of:\n(a) for a school representative body other than a joint school\nrepresentative body – money allocated by the Agency to the\nGovernment school in respect of which the body is\nestablished; and\n(b) money raised under section 107(1)(l); and\n(c) money granted under section 109.\n(2) The Regulations may provide for:\n(a) the opening and operation of bank accounts by a school\nrepresentative body; and\n(b) the purposes for which money in a bank account may be\nused; and\n(c) the auditing of the accounts of a school representative body;\nand\n(d) the ownership of materials or other property purchased by a\n","sortOrder":113},{"sectionNumber":"111","sectionType":"section","heading":"Financial records","content":"111 Financial records\n(1) A school representative body must keep financial records of any\nmoney received by the body and any dealings with that money.\n(2) Financial records must be kept in the manner prescribed by\nregulation or in any manner, consistent with the Regulations, that is\nspecified in writing by the CEO acting with the advice of the\nTreasurer.\n(3) The CEO, or a person authorised in writing for that purpose by the\nCEO, may, at any time, inspect or audit the financial records of a\n(4) The Regulations may provide for the appointment of a secretary or\ntreasurer to a school representative body.\n\nEducation Act 2015 61\n","sortOrder":114},{"sectionNumber":"112","sectionType":"section","heading":"Guidelines","content":"112 Guidelines\n(1) The CEO may prepare and publish guidelines, not inconsistent with\nthis Act, for or in relation to the performance by school\nrepresentative bodies of functions conferred on them by this Act.\n(2) Without limiting subsection (1), guidelines may be made about the\nfollowing matters:\n(a) regulating the establishment of committees to help a school\nrepresentative body perform its functions;\n(b) regulating the calling of meetings of:\n(i) school representative bodies or committees mentioned\nin paragraph (a); or\n(ii) parents and teachers;\n(c) regulating proceedings and voting at meetings mentioned in\nparagraph (b);\n(d) accountability requirements;\n(e) regulating:\n(i) a school representative body's provision of meals or\nrefreshments for the staff or students of the school, or\nany of the schools, for which the body is established;\nand\n(ii) the amounts the body may charge for providing those\nmeals or refreshments;\n(f) subject to section 111, regulating:\n(i) the manner in which a school representative body is to\nkeep proper accounts of any money received by the\nbody and any dealings with that money; and\n(ii) the auditing of those accounts;\n(g) the respective functions of the principal, the teachers and the\nschool representative body, and how their functions relate to\neach other;\n(h) without limiting paragraph (g), prohibiting a school\nrepresentative body, or a member of such a body when acting\nin that capacity, from directing teachers in relation to their\nprofessional duties;\n\nEducation Act 2015 62\n(i) prohibiting members of a school representative body from\nbeing financially interested, directly or indirectly, in work\ncarried out for, or services rendered for the benefit of, the\nschool, or any of the schools, for which it is established:\n(i) if the work or services are authorised by the body; and\n(ii) unless each financial interest is approved by the CEO.\n","sortOrder":115},{"sectionNumber":"113","sectionType":"section","heading":"Powers of CEO with respect to school representative body","content":"113 Powers of CEO with respect to school representative body\n(1) The CEO may investigate any suspected failure by a school\nrepresentative body to comply with a requirement of the body under\nthis Act, including non-compliance with a legal, financial or\ngovernance obligation.\n(2) The CEO may, whether or not following an investigation under\nsubsection (1), give a direction to a school representative body\nabout the performance of its functions, if the CEO considers it\nappropriate to do so having regard to how the body is performing or\nnot performing its functions.\n(3) A school representative body must comply with a direction given to\nthe body under subsection (2) within the period specified in the\ndirection.\n(4) If a school representative body does not comply with a direction in\naccordance with subsection (3), the CEO may give the body a\nwritten notice (a show cause notice) that:\n(a) states the action (the proposed action) that the CEO is\nproposing to take in relation to the body; and\n(b) states the grounds for the proposed action; and\n(c) gives a brief description of the facts and circumstances\nforming the basis for the grounds; and\n(d) invites the school representative body to show within a stated\nperiod (the show cause period) why the proposed action\nshould not be taken.\n(5) The show cause period must end no sooner than 30 days after the\nshow cause notice is given to the school representative body.\n\nEducation Act 2015 63\n(6) After considering any response received from the school\nrepresentative body within the show cause period, the CEO may:\n(a) by notice given to the school representative body, suspend the\nbody from operating for a period specified in the notice that is\nnot longer than the period prescribed by regulation; or\n(b) take any other action that the CEO has power to take; or\n(c) decide not to take any action.\n(7) Action may be taken under subsection (6)(a) or (b) only if it was a\nproposed action stated in the show cause notice.\n(8) Action may be taken under subsection (6)(a) only if the CEO\nconsiders that the seriousness of the circumstances is such that it\nis necessary to take that action.\n","sortOrder":116},{"sectionNumber":"114","sectionType":"section","heading":"Abolition of school representative body","content":"114 Abolition of school representative body\n(1) The Minister may, by written notice given to a school representative\nbody, abolish the school representative body if:\n(a) the Government school, or each Government school, for\nwhich the body is established is closed; or\n(b) the school representative body so requests; or\n(c) in the opinion of the Minister, the school representative body is\nnot complying with the requirements of this Part applicable to\nschool representative bodies.\n(2) Subject to subsection (3), any person who has possession of the\nmoney, books, records or property of a school representative body\nabolished under subsection (1), or of a school mentioned in\nsubsection (1)(a), must deal with it or them as directed by the\nMinister.\n(3) The Minister may use money, books or property mentioned in\nsubsection (2) for the purposes of any Government school or\n(4) The school representative body for a Government school\nmentioned in subsection (1)(a) may direct that, on the abolition of\nthe body, money, books and property belonging to the body be\ngiven to:\n(a) the Minister for the benefit of a specified Government school;\nor\n\nEducation Act 2015 64\n(b) a specified school representative body.\n(5) Money, books and property mentioned in subsection (4) must, as\nthe case requires:\n(a) be used by the Minister for the benefit of the specified\nGovernment school; or\n(b) become the money, books and property of the specified\n","sortOrder":117},{"sectionNumber":"115","sectionType":"section","heading":"Non-application of other Acts","content":"115 Non-application of other Acts\nUnless express provision is made to the contrary in this Act or the\nRegulations, the Financial Management Act 1995, the Audit\nAct 1995 and the Procurement Act 1995 do not apply to a school\nrepresentative body.\n","sortOrder":118},{"sectionNumber":"116","sectionType":"section","heading":"Establishment of parent consultative group","content":"116 Establishment of parent consultative group\n(1) This section applies to a Government school at which:\n(a) there is not a school representative body; and\n(b) it is not reasonably practicable for one to be established.\n(2) The principal of the Government school, or the principals of more\nthan one Government school, may establish an unincorporated\nparent consultative group for the Government school or schools.\n(3) Any of the following may be appointed as a member of a parent\nconsultative group:\n(a) a parent of a student enrolled in the school or any of the\nschools for which the group is established;\n(b) a member of the community served by the school or any of the\nschools for which the group is established who is interested in\npromoting the welfare of the school.\n","sortOrder":119},{"sectionNumber":"117","sectionType":"section","heading":"Functions of parent consultative group","content":"117 Functions of parent consultative group\n(1) A parent consultative group has the following functions:\n(a) to promote the interests of the Government school or schools\nfor which the group is established;\n\nEducation Act 2015 65\n(b) to develop and maintain community interest in educational\nmatters;\n(c) if requested by the principal of the Government school or any\nof the Government schools for which the group is\nestablished – to provide advice and recommendations about:\n(i) any issue relating to students enrolled in the school; or\n(ii) the general operation and management of the school.\n(2) To avoid doubt, a parent consultative group does not have power:\n(a) in relation to the control or management of the Government\nschool or any of the Government schools for which the group\nis established; or\n(b) to intervene in the educational instruction of students; or\n(c) to exercise authority over teachers or other staff employed by\nthe Government school or any of the Government schools for\nwhich the group is established; or\n(d) in relation to school financial matters; or\n(e) to perform any function of a school representative body.\n","sortOrder":120},{"sectionNumber":"118","sectionType":"section","heading":"Establishment of school or multi-school management council","content":"118 Establishment of school or multi-school management council\n(1) The Minister may, by Gazette notice, establish:\n(a) a school management council for the Government school\nspecified in the notice; or\n(b) a multi-school management council for the Government\nschools specified in the notice.\n(2) The Minister may act under subsection (1) even if a school\nrepresentative body has been established for the Government\nschool, or a joint school representative body has been established\nfor the Government schools, in respect of which the council is\nestablished.\n(3) The Minister must establish a school management council or multi-\nschool management council under subsection (1) if:\n(a) a school representative body has not been established for the\n\nEducation Act 2015 66\n(b) a joint school representative body is proposed to be\nestablished for the school and one or more other Government\nschools; or\n(c) the school representative body has been abolished under\nsection 114; or\n(d) the school representative body has ceased to operate\neffectively or at all.\n(4) A school management council or multi-school management council\nconsists of the person or persons appointed by the Minister.\n(5) The principal of the Government school for which a school\nmanagement council is established, or of any of the Government\nschools for which a multi-school management council is\nestablished, may be appointed under subsection (4).\n(6) Sections 106, 108, 109, 110, 111, 112 and 114 apply to a school\nmanagement council or multi-school management council in the\nsame way as they apply to a school representative body.\n","sortOrder":121},{"sectionNumber":"119","sectionType":"section","heading":"Functions of management council","content":"119 Functions of management council\n(1) Subject to subsection (2), a school management council or multi-\nschool management council may, in respect of the Government\nschool or any of the Government schools for which it is established,\ndo any of the following:\n(a) inquire into, and identify, the particular educational needs of\nthe community served by the school and advise the CEO with\nrespect to them;\n(b) assess, from time to time, the following needs, and make\nrecommendations to the CEO with respect to satisfying them:\n(i) the needs of the school for buildings, facilities and\nequipment;\n(ii) the needs of students, teachers and other staff;\n(c) within the scope allowed by the functions conferred on the\ncouncil, determine the purposes for which money allocated by\nthe Agency to the school is to be expended and expend it\naccordingly;\n(d) determine whether, and regulate how, the buildings or\ngrounds of the school may be used for the conduct of activities\nfor the benefit of the community served by the school at any\ntime when they are not required for school purposes;\n\nEducation Act 2015 67\n(e) exercise general control over the buildings and grounds of the\nschool, including controlling (on any terms and conditions that\nthe council considers appropriate) the conduct of work carried\nout in or on them;\n(f) control the manner in which services of a kind prescribed by\nregulation are provided for the school;\n(g) in accordance with the Fair Work Act 2009 (Cth) and any\nrelevant award, employ persons on any terms and conditions\nthat are approved in writing by the CEO;\n(h) carry out any activities, if approved by the CEO, for raising\nmoney to be expended on or in relation to the school and\nexpend that money accordingly;\n(i) determine fees that may be charged for the provision to a\nstudent of any approved materials, services or facilities not\ncovered by section 75(2) that a parent of the student chooses\nto have provided to the student;\n(j) seek voluntary contributions from parents of students enrolled\nin the school for a purpose prescribed by regulation;\n(k) perform any other functions as directed by the CEO.\n(2) If both a joint school representative body and a school management\ncouncil are established in respect of a Government school, the\nschool management council does not have the functions mentioned\nin subsection (1)(a), (b), (d) or (h).\n(3) In subsection (1)(i):\napproved means approved as an item for which a fee may be\ncharged:\n(a) by regulation; or\n(b) by the CEO.\n","sortOrder":122},{"sectionNumber":"120","sectionType":"section","heading":"Non-application of other Acts","content":"120 Non-application of other Acts\nUnless express provision is made to the contrary in this Act or the\nRegulations, the Financial Management Act 1995, the Audit\nAct 1995 and the Procurement Act 1995 do not apply to a school\nmanagement council or multi-school management council.\n\nEducation Act 2015 68\n","sortOrder":123},{"sectionNumber":"121","sectionType":"section","heading":"Definitions","content":"121 Definitions\nIn this Part:\nbasic principles, see section 122.\ncompliance notice, see section 155A.\ndirector, of a governing body, means:\n(a) a member of the board or committee of management (whether\nor not described as a director) of the governing body; or\n(b) any person who is in a position to control or exercise\nsubstantial influence over the governing body.\nfacilities, of a non-Government school, means the buildings,\nstructures or other facilities used for the purposes of the school,\nincluding, for example, school playgrounds, annexes and residential\nfacilities.\ngoverning body, of a non-Government school, see\nsection 121A(1).\ninitial assessment means an assessment of a non-Government\nschool carried out under section 146.\nnon-Government school includes a proposed non-Government\nregistrar means the registrar of non-Government schools\nappointed under section 123.\nregistration, in relation to a non-Government school, means a\nregistration of the school under this Part that is in force.\nregistration requirements, see section 125.\nroutine assessment means a routine assessment mentioned in\nsection 147(1).\nsecond compliance notice, see section 155B(2).\nspecial investigation means a special investigation mentioned in\nsection 145B(4) or 147.\n\nEducation Act 2015 69\nunregistered non-Government school means a non-Government\nschool that is not registered under this Part or whose registration\nunder this Part is not in force (including if it is suspended).\nvariation, of the registration of a non-Government school, means\nthe variation of:\n(a) the conditions of the school's registration; or\n(b) any other matter on the basis of which the school is registered\n(including the school's location).\n","sortOrder":124},{"sectionNumber":"121A","sectionType":"section","heading":"Governing bodies","content":"121A Governing bodies\n(1) A non-Government school must be administered by a body\ncorporate (a governing body), whose directors:\n(a) must be fit and proper persons to be directors of the governing\nbody; and\n(b) must between them possess the skills and experience\nnecessary for the proper administration of the school.\n(2) A governing body may administer more than one non-Government\n","sortOrder":125},{"sectionNumber":"122","sectionType":"section","heading":"Consistency with basic principles","content":"122 Consistency with basic principles\nThe following are the principles (the basic principles) with which\nthe philosophy and objects of the governing body of a\nnon-Government school and the school's education programs\n(including the manner in which they are provided) must be\nconsistent:\n(a) governments should be democratically elected;\n(b) the rule of law should prevail and all persons should be equal\nbefore the law;\n(c) there should be freedom of religion, freedom of speech and\nfreedom of association;\n(d) there should be tolerance of diverse religious, political, social\nand cultural beliefs and practices, to the extent to which they\nare consistent with contemporary values.\n\nEducation Act 2015 70\n","sortOrder":126},{"sectionNumber":"123","sectionType":"section","heading":"Registrar of non-Government schools","content":"123 Registrar of non-Government schools\n(1) The Minister must, by Gazette notice, appoint a departmental\nofficer, other than the CEO, to be the registrar of non-Government\nschools.\n(2) Before making an appointment the Minister must be satisfied that\nthe person meets the requirements prescribed by regulation.\n(4) The registrar is not subject to the direction or control of the CEO in\nthe exercise of any power, or performance of any function, under\nthis Part.\n","sortOrder":127},{"sectionNumber":"123A","sectionType":"section","heading":"Functions of registrar","content":"123A Functions of registrar\nThe registrar has the following functions:\n(a) to appoint assessors under section 123B and to direct an\nassessor accordingly;\n(b) to develop and approve standards for registration of\nnon-Government schools under section 123D;\n(c) to conduct pre-application assessments under section 128;\n(d) to approve or refuse applications for registration under\nsection 137;\n(e) to approve systems of self-assessment under section 145;\n(f) to authorise special investigations under sections 145B(4)\nand 147(3);\n(g) to establish a schedule of routine assessments under\nsection 147(1);\n(h) to vary, suspend or cancel the registration of non-Government\nschools under Division 9;\n(i) to determine reviews of reviewable decisions under\nsection 156B;\n(j) to maintain a register of non-Government schools under\nsection 157.\n","sortOrder":128},{"sectionNumber":"123B","sectionType":"section","heading":"Appointment of assessors","content":"123B Appointment of assessors\n(1) The registrar may appoint a person to be an assessor.\n\nEducation Act 2015 71\n(2) The registrar must not appoint a person to be an assessor unless\nsatisfied the person has the knowledge and skills the registrar\nconsiders necessary for an assessor.\n(3) The appointment of an assessor may be subject to conditions\nspecified by the registrar.\n(4) Without limiting subsection (3), a condition may provide that an\nassessor may:\n(a) conduct initial assessments, routine assessments, special\ninvestigations or reviews of applications for registration or\nvariations of registration of non-Government schools\ngenerally; or\n(b) conduct a particular initial assessment, routine assessment,\nspecial investigation or review of an application for registration\nor variation of registration or a particular aspect of an initial\nassessment, routine assessment, special investigation or\nreview of an application for registration or variation of\nregistration.\n(5) When performing functions under this Act an assessor must act\nindependently and not as a representative of either of the following:\n(a) any body of which the assessor is an employee, officer or\nmember;\n(b) the non-Government education sector.\n","sortOrder":129},{"sectionNumber":"123C","sectionType":"section","heading":"Code of conduct","content":"123C Code of conduct\n(1) An assessor must, when performing the assessor's functions under\nthis Act, comply with any code of conduct prescribed for assessors\nunder the Regulations.\n(2) An assessor commits an offence if the assessor fails to comply with\nsubsection (1).\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant has a reasonable excuse.\nNote for subsection (4)\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n\nEducation Act 2015 72\n","sortOrder":130},{"sectionNumber":"123D","sectionType":"section","heading":"Standards for registration","content":"123D Standards for registration\n(1) The registrar may develop and approve standards for registration of\nnon-Government schools.\n(2) The standards for registration of non-Government schools must be\npublished on the Agency's website.\n","sortOrder":131},{"sectionNumber":"124","sectionType":"section","heading":"Non-Government school must be registered","content":"124 Non-Government school must be registered\nAn unregistered non-Government school must not operate in the\nNote for section 124\nSection 126 sets out the consequences for the governing body and the principal\nif an unregistered non-Government school operates.\n","sortOrder":132},{"sectionNumber":"125","sectionType":"section","heading":"Registration requirements","content":"125 Registration requirements\nThe following are the registration requirements for a\nnon-Government school:\n(a) the school must be accountable for its safe, legal and\nfinancially viable operation and have in place corporate\ngovernance arrangements to support its safe, legal and\nfinancially viable operation;\n(b) the school must have curricula, teaching and assessment\npolicies and practices and engage sufficient staff to effectively\ndeliver education services for each stage of schooling\ndelivered by the school and to monitor its education\nachievements;\n(c) the school must provide a safe, healthy and supportive\nlearning environment that minimises the risk of harm to\nstudents and promotes the wellbeing of students;\n(d) the school must comply with any standards for registration of\nschools, as approved by the registrar from time to time under\nsection 123D;\n(e) any other requirements prescribed by regulation.\n\nEducation Act 2015 73\n","sortOrder":133},{"sectionNumber":"126","sectionType":"section","heading":"Consequences of operation if not registered","content":"126 Consequences of operation if not registered\n(1) The governing body of an unregistered non-Government school\ncommits an offence if the school is operated in the Territory.\nMaximum penalty: 250 penalty units.\nsubsection (1) if the defendant has a reasonable excuse.\n(4) The principal of an unregistered non-Government school commits\nan offence if:\n(a) the school is operated in the Territory; and\n(b) the principal knows the school:\n(i) is an unregistered non-Government school; and\n(ii) is operated in the Territory.\n(2) Strict liability applies to subsection (4)(a).\n","sortOrder":134},{"sectionNumber":"127","sectionType":"section","heading":"Misrepresentation of status of school","content":"127 Misrepresentation of status of school\nA person must not knowingly represent that an unregistered\nnon-Government school is registered.\n","sortOrder":135},{"sectionNumber":"128","sectionType":"section","heading":"Pre-application assessment","content":"128 Pre-application assessment\n(1) A person intending to apply for the registration of a\nnon-Government school may ask the registrar:\n(a) to make a pre-application assessment of the following:\n(i) the effects of the registration on the educational system\nin the Territory;\n(ii) any other matter that may be relevant to the application;\nand\n(b) to indicate whether the application is likely to fail because of\nany adverse findings of that assessment.\n\nEducation Act 2015 74\n(2) The registrar may make a pre-application assessment, and give an\nindication mentioned in subsection (1), as the registrar considers\nappropriate.\n","sortOrder":136},{"sectionNumber":"129","sectionType":"section","heading":"Application for registration","content":"129 Application for registration\n(1) A person may apply to the registrar for the registration of a\nnon-Government school.\n(2) The application must be in writing and accompanied by the\nprescribed fee.\n(3) The application must be made at least 1 year before the school\nproposes to provide education programs.\n(4) However, the registrar may reduce the 1-year period in appropriate\ncases.\n(5) The application must include information as to how the school\nproposes to meet the registration requirements.\n","sortOrder":137},{"sectionNumber":"131","sectionType":"section","heading":"Notice to applicant","content":"131 Notice to applicant\n(1) On receiving an application for the registration of a\nnon-Government school, the registrar must review the application to\ndetermine whether it contains the required information.\n(2) The registrar may require the applicant to give further information\nunder section 132 if not satisfied that the application contains the\nrequired information.\n(3) The registrar must, as soon as practicable after being satisfied that\nthe application contains the required information, give written notice\nto the applicant of the receipt of the application.\n","sortOrder":138},{"sectionNumber":"132","sectionType":"section","heading":"Registrar may require further information","content":"132 Registrar may require further information\n(1) The registrar may, by written notice to the applicant, require the\napplicant to give further information relevant to the application\nwithin a reasonable period specified in the notice.\n(2) The registrar may do so whether or not the notice under\nsection 131(3) has been given and whether or not further\ninformation was required to be given under this section as\nmentioned in section 131(2).\n(3) The application lapses if the applicant fails to give the information\nwithin the specified period.\n\nEducation Act 2015 75\n","sortOrder":139},{"sectionNumber":"133","sectionType":"section","heading":"Review of application by assessor","content":"133 Review of application by assessor\n(1) As soon as practicable after giving a notice under section 131(3) for\nan application, the registrar must refer the application to one or\nmore assessors and direct the assessor or assessors to review and\nmake recommendations to the registrar on the application within a\nreasonable period specified in the direction.\n(2) The assessor or assessors must carry out the review and make\nrecommendations to the registrar by the end of the period specified\nin the direction.\n","sortOrder":140},{"sectionNumber":"134","sectionType":"section","heading":"Publication of application","content":"134 Publication of application\n(1) On receiving a referral of an application under section 133(1), an\nassessor or assessors must publish, in the way the assessor or\nassessors considers appropriate, a notice:\n(a) giving details of the application; and\n(b) inviting written submissions from interested members of the\npublic within a reasonable period specified in the notice.\n(2) The assessor or assessors must:\n(a) provide the applicant with copies of any submissions made in\nresponse to the invitation; and\n(b) allow the applicant a reasonable opportunity to respond to the\nsubmissions.\n","sortOrder":141},{"sectionNumber":"135","sectionType":"section","heading":"Matters to be considered","content":"135 Matters to be considered\nIn considering the application, the assessor or assessors must have\nregard to the following:\n(a) the expected capacity of the applicant to comply with:\n(i) the registration requirements; and\n(ii) any other requirements under any law of the Territory\nthat relate to the proposal;\n(b) the expected effects of the proposal on the educational\nsystem in the Territory and on the existing schools in the area\nin which the school is to be located;\n(c) the level of community support for the proposal and public\ncomments on, or criticisms of, the proposal;\n\nEducation Act 2015 76\n(d) the expected impact of the proposal on government\ninfrastructure, services and resources;\n(e) a matter relating to any of paragraphs (a) to (d), or any other\nmatter, prescribed by regulation.\n","sortOrder":142},{"sectionNumber":"137","sectionType":"section","heading":"Registrar's decision","content":"137 Registrar's decision\n(1) The registrar must, within 9 months after giving written notice under\nsection 131(3) of the receipt of an application for the registration of\na non-Government school:\n(a) approve the application by registering the school; or\n(b) refuse the application.\n(2) The registrar must do so having regard to:\n(a) the matters mentioned in section 135; and\n(b) the recommendations of the assessor or assessors in relation\nto the application; and\n(c) any other matters the registrar considers relevant to the\napplication.\n(3) As soon as practicable after making a decision under\nsubsection (1)(a), the registrar must give written notice of the\ndecision to the applicant.\n(3A) As soon as practicable after making a decision under\nsubsection (1)(b), the registrar must give a decision notice to the\napplicant.\n(4) On the registration of a non-Government school, the registrar must\nissue a certificate of registration for the school.\n(5) The certificate of registration must contain the information that the\nregistrar considers appropriate.\n","sortOrder":143},{"sectionNumber":"138","sectionType":"section","heading":"Imposition of conditions of registration","content":"138 Imposition of conditions of registration\nIn registering a non-Government school, the registrar must:\n(a) impose conditions specifying:\n(i) the education programs the school is authorised to\nprovide; and\n\nEducation Act 2015 77\n(ii) the year levels of the school's students; and\n(b) impose other conditions the registrar considers appropriate.\n","sortOrder":144},{"sectionNumber":"139","sectionType":"section","heading":"Lapse of registration","content":"139 Lapse of registration\nThe registration of a non-Government school lapses if the school\ndoes not commence operation within 2 years after the registration\ncertificate is issued.\n","sortOrder":145},{"sectionNumber":"140","sectionType":"section","heading":"Provision of financial assistance and other support","content":"140 Provision of financial assistance and other support\n(1) Subject to the Minister's directions and to subsection (3), the CEO\nmay:\n(a) provide government financial assistance to, or withdraw\ngovernment financial assistance from, a registered\nnon-Government school; and\n(b) provide other support to, or withdraw that support from, the\nExample for subsection (1)(b)\nThe CEO may allow the school to use a building that is under the control of the\nAgency.\n(2) Government financial assistance and other support may be\nprovided on the conditions specified by the CEO.\n(3) Government financial assistance may be provided for a\nnon-Government school only if it is:\n(a) an entity registered under the Australian Charities and\nNot-for-profits Commission Act 2012 (Cth); or\n(b) an entity registered under a law in force in the Territory that is\nin the nature of an entity mentioned in paragraph (a).\n(4) The CEO may, at any time, require the governing body of a\nnon-Government school to report on its use of any government\nfinancial assistance or other support.\n(5) For subsection (1)(a), government financial assistance may be\nsubject to a funding agreement providing for the following:\n(a) the details and purpose of the financial assistance;\n\nEducation Act 2015 78\n(b) any conditions on which the financial assistance is being\nprovided.\n","sortOrder":146},{"sectionNumber":"141","sectionType":"section","heading":"Compliance with registration requirements and conditions of","content":"141 Compliance with registration requirements and conditions of\n(1) The governing body of a registered non-Government school\ncommits an offence if:\n(a) any registration requirement for the school is not complied\nwith; or\n(b) any condition imposed under section 138 is not complied with.\n","sortOrder":147},{"sectionNumber":"142","sectionType":"section","heading":"Student records and reports","content":"142 Student records and reports\nensure records containing information of a kind prescribed by\nregulation, about each student enrolled at the school, are kept at\n(2) The governing body of a registered non-Government school must\nensure that a report about each student is given to a parent of the\nstudent:\n(a) for each semester – no later than 4 weeks after the end of the\nsemester; and\n(b) if a regulation prescribes an additional report – in accordance\nwith the Regulations.\n(3) The report must include:\n(a) for a report mentioned in subsection (2)(a):\n(i) details of the attendance and educational performance\nof the student during the semester; and\n(ii) any further information required by the registrar or\nprescribed by regulation; and\n\nEducation Act 2015 79\n(b) for a report mentioned in subsection (2)(b) – the information\nprescribed by regulation.\n(4) An offence against subsection (1) or (2) is an offence of strict\n","sortOrder":148},{"sectionNumber":"143","sectionType":"section","heading":"Financial records and annual financial statements","content":"143 Financial records and annual financial statements\n(1) The governing body of a registered non-Government school must:\n(a) ensure that proper financial records are kept for the school;\nand\n(b) give an annual financial statement for the school to the\nregistrar in accordance with subsection (3) for each calendar\nyear, or part of a calendar year, during which the school is\nregistered.\n(3) The annual financial statement for a calendar year:\n(a) must include details about the income and expenditure of the\nschool during that year, the school's financial position at the\nend of that year and any other financial information about the\nschool as required by the registrar; and\n(b) must comply with:\n(i) any requirements applicable to the governing body\nunder the law governing its incorporation (including the\nCorporations Act 2001 (Cth) for a company incorporated\nunder that Act) in relation to the preparation and auditing\nof such a statement; or\n(ii) if there are no such requirements – requirements of the\nAustralian Accounting Standards as specified by the\nregistrar; and\n(c) must be given to the registrar within:\n(i) 4 months after the end of that year; or\n(ii) a longer period allowed by the registrar.\n\nEducation Act 2015 80\n","sortOrder":149},{"sectionNumber":"144","sectionType":"section","heading":"Annual report","content":"144 Annual report\ngive an annual report for the school to the registrar in accordance\nwith subsections (3) and (4) for each calendar year, or part of a\ncalendar year, during which the school is registered.\n(3) The report must include:\n(a) the following information in relation to the calendar year, or the\npart of the calendar year, to which it relates:\n(i) an assessment of the school's performance and its\nrelationship with the parents of its students and the\ncommunity;\n(ii) details of events concerning the school that the\ngoverning body regards as major (including, for\nexample, events involving work health and safety\nissues);\n(iii) the use of any government financial assistance or other\nsupport received by the school;\n(iv) details of the conditions of the school's buildings,\nstructures and other facilities and any plans for new\nbuildings, structures and other facilities for the school;\n(v) a list of the staff at the school; and\n(b) a matter relating to paragraph (a), or any other matter,\nprescribed by regulation.\n(4) The governing body must give the annual report to the registrar\nwithin:\n(a) 4 months after the end of that year; or\n(b) a longer period allowed by the registrar.\n\nEducation Act 2015 81\n","sortOrder":150},{"sectionNumber":"145","sectionType":"section","heading":"Annual self-assessment","content":"145 Annual self-assessment\n(1) The governing body of a registered non-Government school must:\n(a) establish and maintain a system of self-assessment approved\nby the registrar for the purpose of monitoring:\n(i) the school's compliance with the registration\nrequirements and the conditions of its registration; and\n(ii) the success of the school's education programs; and\n(b) ensure that a self-assessment is conducted for the school in\naccordance with the approved system once during each\ncalendar year.\n(2) The governing body of a registered non-Government school\ncommits an offence if the body fails to give the registrar the results\nof a self-assessment before the end of the calendar year in which\nthe self-assessment is conducted.\n(4) The governing body of a non-Government school must, when giving\nthe registrar the results of a self-assessment, inform the registrar if\nthere is any risk to the school's long-term viability.\n","sortOrder":151},{"sectionNumber":"145A","sectionType":"section","heading":"Notification of certain matters","content":"145A Notification of certain matters\nnotify the registrar, in writing, as soon as practicable after either of\nthe following occurs:\n(a) any change to the hours and days of operation of the school;\n(b) any incident that requires the school to close or reduces the\nnumber of students attending the school for a period.\nExample for subsection (1)(b)\nA flood or fire that requires a school to close its premises (or part of its premises)\nwhile repairs are undertaken.\n(2) The governing body of a registered non-Government school\ncommits an offence if the body fails to notify the registrar under\nsubsection (1).\n\nEducation Act 2015 82\n","sortOrder":152},{"sectionNumber":"145B","sectionType":"section","heading":"Complaints management","content":"145B Complaints management\nestablish and maintain a policy for managing complaints made in\nrelation to the school.\n(2) The complaints policy must provide for the timely management of\ncomplaints and for procedural fairness in the management of\ncomplaints.\n(3) Subject to subsection (4), if the registrar receives a complaint in\nrelation to a registered non-Government school, the registrar must\nrefer the complaint to:\n(a) the governing body of the school; or\n(b) the principal of the school.\nThe registrar may have additional obligations under the Care and Protection of\nChildren Act 2007 in relation to a complaint.\n(4) The registrar may authorise a special investigation into a registered\nnon-Government school without referring the complaint under\nsubsection (3) if the registrar is of the opinion that:\n(a) a serious incident has occurred or is occurring that may\nimpact on the safety, health or wellbeing of a student at the\n(b) a breach of the registration requirements has occurred or is\noccurring that may impact on the safety, health or wellbeing of\na student at the school.\n","sortOrder":153},{"sectionNumber":"145C","sectionType":"section","heading":"Suspension by principal","content":"145C Suspension by principal\n(1) This section applies if the principal of a registered non-Government\nschool is satisfied that a student who is enrolled in the school\nshould be suspended from attending the school because the\nstudent's presence is likely to constitute a risk of physical or\nThe student has repeatedly engaged in behaviour that negatively impacts on the\npsychological welfare of other students at the school.\n\nEducation Act 2015 83\n(2) The principal may, by written notice given to the student, suspend\nthe student from attending the school either wholly or to the extent\n(3) A notice of suspension may include any conditions the principal\nconsiders appropriate with which the student must comply.\n(4) If the suspended student is a child not living independently, the\nprincipal must, as soon as practicable, give a copy of the notice of\nsuspension and a report of the circumstances to a parent who has\ndaily care and control of the student.\n(5) The suspension has effect for the period, not exceeding 20 school\ndays, specified in the notice of suspension.\n","sortOrder":154},{"sectionNumber":"145D","sectionType":"section","heading":"Exclusion by principal","content":"145D Exclusion by principal\n(1) This section applies if a student who is enrolled in a registered\nnon-Government school is charged with an offence, whether\ncommitted in or outside the Territory, punishable by a term of\nimprisonment of more than 2 years.\n(2) The principal of the school may, as specified in a written notice\ngiven to the student, exclude the student, until the charge is\ndetermined by a court or otherwise withdrawn, from:\n(a) the whole or part of any land, premises or facility occupied or\n(b) participation in any program or activity conducted by or on\nbehalf of the school.\n(3) The principal may give a notice under subsection (2) only if of the\nopinion that it is necessary to do so because the student's presence\nis likely to constitute an unacceptable risk of physical or\n(4) The principal must, as soon as practicable after excluding a\nstudent, give a copy of the notice of exclusion to:\n(a) the registrar; and\n(b) if the excluded student is a child not living independently – a\n\nEducation Act 2015 84\n(5) A notice given to a student under subsection (2) or a parent under\nsubsection (4) must also set out the right the student or parent has\nto apply for a review of the decision to exclude the student.\nNote for subsection (5)\nSection 145G requires each registered non-Government school to have a policy\nthat provides for reviews of decisions under this section.\n","sortOrder":155},{"sectionNumber":"145E","sectionType":"section","heading":"Expulsion by principal","content":"145E Expulsion by principal\n(1) If the principal considers it necessary in the interests of other\npersons present at a registered non-Government school, the\nprincipal may, by written notice given to a student enrolled in the\nschool, expel the student from the school.\n(2) The principal must, as soon as practicable after expelling a student,\ngive a copy of the notice of expulsion to:\n(a) the registrar; and\n(b) if the excluded student is a child not living independently – a\n(3) A notice given to a student under subsection (1) or a parent under\nsubsection (2) must also set out the right the student or parent has\nto apply for a review of the decision to expel the student.\nSection 145G requires each registered non-Government school to have a policy\nthat provides for reviews of decisions under this section.\n","sortOrder":156},{"sectionNumber":"145F","sectionType":"section","heading":"Management of behaviour","content":"145F Management of behaviour\nhave a policy relating to the management of the behaviour of\nstudents enrolled in the school.\n(2) In making a decision under this Division, the principal must have\nregard to the following matters:\n(a) the age of the student;\n(b) the developmental stage of the student;\n(c) whether the student is a child with special learning needs;\n(d) the mental health and wellbeing of the student;\n(e) the physical health and wellbeing of the student;\n(f) any relevant religious or cultural considerations;\n\nEducation Act 2015 85\n(g) the student's home environment and the arrangements in\nplace for the student's care;\n(h) the policy mentioned in subsection (1).\n","sortOrder":157},{"sectionNumber":"145G","sectionType":"section","heading":"Review policy","content":"145G Review policy\nhave a policy in place to provide for the review of the following\ndecisions:\n(a) a decision to exclude a student under section 145D;\n(b) a decision to expel a student under section 145E.\n(2) The policy must provide for:\n(a) reviews of the merits of decisions; and\n(b) reviews to be carried out in a timely manner and in\naccordance with the rules of procedural fairness.\n","sortOrder":158},{"sectionNumber":"146","sectionType":"section","heading":"Initial assessment for compliance with registration","content":"146 Initial assessment for compliance with registration\nrequirements\n(1) An initial assessment of a registered non-Government school must\nbe carried out at any time within 6 months to 2 years after the\nschool is registered under section 137(1)(a).\n(2) The initial assessment is to assess the school's compliance with the\nregistration requirements.\n(3) The registrar must direct one or more assessors to carry out the\ninitial assessment.\n","sortOrder":159},{"sectionNumber":"147","sectionType":"section","heading":"Routine assessment and special investigation","content":"147 Routine assessment and special investigation\n(1) The registrar must establish a schedule of routine assessment to\nensure that non-Government schools are complying with the\nregistration requirements and conditions of their registration.\n(2) A routine assessment must be carried out in accordance with the\nschedule for each non-Government school:\n(a) 5 years after the date on which the initial assessment for the\nschool was carried out; and\n\nEducation Act 2015 86\n(b) 5 years after the date on which the most recent assessment of\nthe school was carried out under this section.\n(3) The registrar may, at any time, authorise a special investigation into\na suspected non-compliance with:\n(a) a registration requirement for a non-Government school; or\n(b) a condition of the registration of the school.\n(4) The registrar must direct one or more assessors to carry out the\nroutine assessment or special investigation.\n","sortOrder":160},{"sectionNumber":"148","sectionType":"section","heading":"Assessor's powers","content":"148 Assessor's powers\n(1) An assessor may enter a non-Government school for the purposes\nof carrying out a review of an application made under section 133\nor 154, an initial assessment, a routine assessment or a special\ninvestigation at any time during a school day or, if the school is not\noperating, on a day on which the school would ordinarily be\nproviding, or is planning to provide, instruction for students.\n(2) An assessor must, at least 5 business days before entering the\nschool under subsection (1), give the governing body of the school\nwritten notice of the proposed entry.\n(3) However, the assessor may enter a non-Government school for a\nspecial investigation without any written notice under subsection (2)\nif the assessor is of the opinion that giving notice might jeopardise\nthe investigation.\n(4) A member of the staff of a non-Government school must, at the\nrequest of an assessor:\n(a) give the assessor any information that the assessor\nreasonably requires for the review, assessment or\n(b) produce documents relevant to the review, assessment or\n(c) provide any other assistance that the assessor reasonably\nrequires for the review, assessment or investigation.\n(5) A person commits an offence if:\n(a) an assessor makes a request under subsection (4); and\n(b) the person knows the person making the request is an\nassessor; and\n\nEducation Act 2015 87\n(c) the person fails to comply with the request.\n(6) Strict liability applies to subsection (5)(a) and (c).\n","sortOrder":161},{"sectionNumber":"149","sectionType":"section","heading":"Assessor's report","content":"149 Assessor's report\n(1) An assessor or assessors must, after completing a review of an\napplication made under section 133 or 154, an initial assessment, a\nroutine assessment or a special investigation for a non-Government\nschool:\n(a) prepare a draft report on the review, assessment or\n(b) give a copy of the draft report to the governing body of the\nschool; and\n(c) allow the governing body a reasonable opportunity to make\nrepresentations on the draft report within a reasonable period\nspecified in a notice given to the governing body together with\nthe copy of the draft report.\n(2) The assessor or assessors must, having regard to any\nrepresentations made by the governing body of the school within\nthe specified period, prepare a final report on the review,\nassessment or investigation.\n(3) The assessor or assessors must give the final report to the\nregistrar:\n(a) for a review or assessment – within 1 month (or a longer\nperiod allowed by the registrar) after completing the review or\nassessment; and\n(b) for a special investigation – within 7 days (or a longer period\nallowed by the registrar) after completing the investigation.\n(4) The registrar must, as soon as practicable after receiving the final\nreport, give a copy of the report to the governing body of the school.\n","sortOrder":162},{"sectionNumber":"150","sectionType":"section","heading":"Identity card","content":"150 Identity card\n(1) The registrar must give an assessor an identity card stating the\nperson's name and that the person is an assessor.\n(2) The identity card must:\n(a) show a recent photograph of the assessor; and\n\n","sortOrder":163},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Variation, suspension or cancellation of registration by agreement","content":"Subdivision 1 Variation, suspension or cancellation of registration by agreement\nEducation Act 2015 88\n(b) show the card's date of issue and expiry; and\n(c) be signed by the assessor.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n(4) If an assessor, in the performance of a function under this Act,\nrequires a person to do a thing and the person asks the assessor to\nproduce the assessor's identity card:\n(a) the assessor is authorised to perform the function only after\nproducing the card; and\n(b) the person is not required to do the thing until the assessor\nproduces the card.\n","sortOrder":164},{"sectionNumber":"151","sectionType":"section","heading":"Return of identity card","content":"151 Return of identity card\n(1) A person who ceases to be an assessor must return the person's\nidentity card to the registrar within 21 days after the cessation.\nsubsection (1) if the person has a reasonable excuse.\nDivision 9 Variation, suspension or cancellation of\nSubdivision 1 Variation, suspension or cancellation of\nregistration by agreement\n153 Variation, suspension or cancellation of registration by\nagreement\nThe registrar may, by agreement with the governing body of a\nnon-Government school and with effect from a date agreed with the\ngoverning body:\n(a) vary the registration of the school; or\n(b) suspend the registration of the school; or\n(c) cancel the registration of the school.\n\nEducation Act 2015 89\n","sortOrder":165},{"sectionNumber":"154","sectionType":"section","heading":"Variation of registration by application","content":"154 Variation of registration by application\n(1) The governing body of a non-Government school may, by written\napplication to the registrar accompanied by the prescribed fee,\nrequest the registrar to vary the registration of the school.\n(2) The registrar may refer the application to one or more assessors if\nthe registrar considers it is of sufficient significance to warrant the\nreference (including if the application seeks to expand the school's\noperation).\n(3) The following provisions of this Part (the applied provisions) apply\nto the application with the changes mentioned in subsection (4):\n(a) Divisions 3 and 5;\n(b) if the registrar refers the application to one or more\nassessors – Division 4.\n(4) The changes to the applied provisions are as follows:\n(a) section 129(3) has effect as if it required the application to be\ngiven to the registrar at least 1 year before the variation is to\ntake effect;\n(b) section 129(5) has effect as if:\n(i) it required the application to set out details of the\nvariation and when and how the variation is to take\neffect; and\n(ii) it required the application to set out the extent to which\nthe matter mentioned in that subsection would be\naffected by the variation;\n(c) a reference in the applied provisions to an application for the\nregistration of a non-Government school is taken to be a\nreference to an application for the variation;\n(d) section 135 is taken to have effect as if it required the\nassessor or assessors, in reviewing the application, to have\nregard to the matters set out in that section only to the extent\nto which the matters would be affected by the variation;\n\n","sortOrder":166},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Variation, suspension or cancellation of registration for breach","content":"Subdivision 3 Variation, suspension or cancellation of registration for breach\nEducation Act 2015 90\n(e) section 137 has effect as if:\n(i) the reference to registering the school in\nsection 137(1)(a) were a reference to varying the\nregistration of the school; and\n(ii) the registrar may, under section 137(4) and (5), vary the\ncertificate of registration of the school as the registrar\nconsiders appropriate (including by issuing a new\ncertificate of registration);\n(f) section 138 has effect as if it provided that the registrar may\nimpose conditions on the variation as the registrar considers\nappropriate;\n(g) section 139 has effect as if it provided that an approval of the\napplication ceases to have effect if the variation does not take\neffect within 2 years after the date of the approval.\nSubdivision 3 Variation, suspension or cancellation of\nregistration for breach\n","sortOrder":167},{"sectionNumber":"155","sectionType":"section","heading":"Variation, suspension or cancellation for breach of registration","content":"155 Variation, suspension or cancellation for breach of registration\nrequirement or condition of registration\nSubject to this Division, if the registrar is satisfied that a breach of a\nregistration requirement or a condition of the registration has\noccurred in relation to a registered non-Government school, the\nregistrar may:\n(a) vary the registration of the school; or\n(b) suspend the registration of the school for a specified period; or\n(c) cancel the registration of the school.\n","sortOrder":168},{"sectionNumber":"155A","sectionType":"section","heading":"Compliance notice","content":"155A Compliance notice\nIf the registrar is considering taking action under section 155, the\nregistrar must give the governing body of the registered\nnon-Government school a notice (a compliance notice) stating:\n(a) that a breach of a registration requirement or a condition of the\nregistration of the school has occurred; and\n(b) the action the body must take to remedy the breach and the\ndate by which the action must be taken.\n\nSubdivision 3 Variation, suspension or cancellation of registration for breach\nEducation Act 2015 91\n","sortOrder":169},{"sectionNumber":"155B","sectionType":"section","heading":"Show cause notice","content":"155B Show cause notice\n(1) If a governing body given a compliance notice under section 155A\ndoes not take the action specified in the notice, the registrar may\ngive the body a notice stating:\n(a) the proposed action and the grounds for taking the proposed\naction; and\n(b) the reasons for the proposed action; and\n(c) that the body may, within 30 days after the notice is given,\ngive the registrar a written response in relation to the\nproposed action.\n(2) After considering any written response from the governing body\nreceived within the time allowed by subsection (1)(c), the registrar\nmay:\n(a) give the body a second compliance notice (a second\ncompliance notice) stating:\n(i) that a breach of a registration requirement or a condition\nof the registration has occurred; and\n(ii) the action the body must take to remedy the breach and\nthe date by which the action must be taken; or\n(b) make a decision under section 155 and give the body a\ndecision notice for the decision; or\n(c) decide not to take an action under section 155 and notify the\nbody of this decision.\n","sortOrder":170},{"sectionNumber":"155C","sectionType":"section","heading":"Second compliance notice","content":"155C Second compliance notice\nIf a governing body given a second compliance notice under\nsection 155B(2) does not take the action specified in the second\ncompliance notice, the registrar may:\n(a) make a decision under section 155 and give the body a\ndecision notice for the decision; or\n(b) decide not to take an action under section 155 and notify the\nbody of this decision.\n\nEducation Act 2015 92\n","sortOrder":171},{"sectionNumber":"155D","sectionType":"section","heading":"Suspension without compliance notice","content":"155D Suspension without compliance notice\n(1) The registrar may suspend the registration of a non-Government\nschool without giving the governing body of the school a\ncompliance notice if the registrar is satisfied that any of the\nfollowing has occurred:\n(a) the school is responsible for a serious incident that may\nimpact on the safety, health or wellbeing of a student at the\nschool;\n(b) the school has breached a registration requirement or a\ncondition of its registration in a manner that may give rise to\nan immediate risk to the safety, health or wellbeing of a\nstudent at the school;\n(c) the school has a history of failing to comply with the\nregistration requirements or conditions of the registration.\n(2) The registrar must give the body a decision notice for a decision\nunder subsection (1).\n","sortOrder":172},{"sectionNumber":"155E","sectionType":"section","heading":"Notice to parents of variation, suspension or cancellation","content":"155E Notice to parents of variation, suspension or cancellation\nThe registrar may, if the registration of a non-Government school\nhas been varied, suspended or cancelled under section 155 or\n155D, direct the governing body of the school to give written notice\nof the variation, suspension or cancellation and its effect to the\nparents of students at the school.\n","sortOrder":173},{"sectionNumber":"156","sectionType":"section","heading":"Reviewable decision","content":"156 Reviewable decision\n(1) Each of the following decisions by the registrar is a reviewable\ndecision:\n(a) a decision refusing an application for the registration of a\nnon-Government school under section 137(1)(b);\n(b) a decision refusing an application for the variation of the\nregistration of a non-Government school under section 154;\n(c) a decision to vary, suspend or cancel the registration of a\nnon-Government school under section 155;\n(d) a decision to suspend the registration of a non-Government\nschool under section 155D.\n\nEducation Act 2015 93\n(2) The following may, in writing, apply to the registrar for the review of\na reviewable decision:\n(a) for a decision mentioned in subsection (1)(a) or (b) – the\nperson making the application mentioned in that section;\n(b) otherwise – the governing body of the school.\n(3) An application for a review:\n(a) may only be made within 28 days after the date of the\nreviewable decision to which the application relates; and\n(b) must set out in detail the grounds for the application.\n","sortOrder":174},{"sectionNumber":"156A","sectionType":"section","heading":"Assessor to review and make recommendation on reviewable","content":"156A Assessor to review and make recommendation on reviewable\ndecision\n(1) The registrar must direct an assessor who was not involved in the\nmaking of the reviewable decision to review the decision.\nAn assessor is involved in the making of a decision to refuse an application for\nthe registration of a non-Government school if the assessor reviewed the\napplication under section 133.\n(2) An assessor directed to review the decision under subsection (1)\nmust have the knowledge and skills necessary to conduct the\nreview.\n(3) A review under this section is a review of the merits of the decision.\n(4) In conducting a review of a decision, an assessor must comply with\nthe rules of procedural fairness.\n(5) The assessor, within 1 month after conducting a review of decision,\nmust give a report to the registrar in relation to the review and\nrecommend that the registrar do one of the following:\n(a) confirm the decision;\n(b) vary the decision;\n(c) set aside the decision and substitute a different decision.\n","sortOrder":175},{"sectionNumber":"156B","sectionType":"section","heading":"Decision on review","content":"156B Decision on review\n(1) After considering an assessor's report and recommendation under\nsection 156A(5), the registrar must do one of the following:\n(a) confirm the reviewable decision;\n\nEducation Act 2015 94\n(b) vary the reviewable decision;\n(c) set aside the reviewable decision and substitute a different\n(2) The registrar must give the applicant for the review a decision\nnotice for the decision.\n","sortOrder":176},{"sectionNumber":"157","sectionType":"section","heading":"Register of non-Government schools","content":"157 Register of non-Government schools\n(1) The registrar must maintain a register of non-Government schools\nregistered under this Part.\n(2) The register must be accessible on the Agency's website.\n(3) The register must contain the information required by the\nRegulations and other information that the registrar considers\nappropriate.\n(4) If requested to do so, the registrar must provide a copy of, or an\nextract from, an entry in the register for the prescribed fee.\n","sortOrder":177},{"sectionNumber":"158","sectionType":"section","heading":"Confidentiality of information","content":"158 Confidentiality of information\n(1) A person commits an offence if the person:\n(a) obtains information in the course of performing functions\nconnected with the administration of this Part; and\n(b) intentionally engages in conduct that results in the disclosure\nof the information.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Part; or\n(ia) under section 170A(1); or\n(ii) with the consent of the person to whom the information\nrelates; or\n\nEducation Act 2015 95\n(iii) for legal proceedings arising out of the operation of this\nPart; or\n(b) the information is otherwise available to the public.\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n","sortOrder":178},{"sectionNumber":"159","sectionType":"section","heading":"Misleading information","content":"159 Misleading information\n(1) An applicant under section 129(1) or 154(1) commits an offence if:\n(a) the applicant intentionally gives information to another person\nin or in connection with the application; and\n(b) the other person is authorised by this Part to require the\nprovision of that information; and\n(c) the applicant knows the information is misleading; and\n(d) the applicant knows the other person is acting in an official\n(2) An applicant under section 129(1) or 154(1) commits an offence if:\n(a) the applicant intentionally gives a document to another person\nin or in connection with the application; and\n(b) the other person is authorised by this Part to require the\nprovision of that document; and\n(c) the applicant knows the document contains misleading\ninformation; and\n(d) the applicant knows the other person is acting in an official\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the applicant, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the other\nperson's attention; and\n\nEducation Act 2015 96\n(b) to the extent to which the applicant can reasonably do so –\ngives the other person the information necessary to remedy\nthe misleading aspect of the document.\n(5) In this section:\nacting in an official capacity, in relation to a person authorised by\nthis Part to require the provision of information or a document,\nmeans the person is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Part.\n","sortOrder":179},{"sectionNumber":"160","sectionType":"section","heading":"Display of certificate of registration","content":"160 Display of certificate of registration\nensure that the certificate of registration for the school is displayed\nin a prominent position on the school premises.\nMaximum penalty: 5 penalty units.\n","sortOrder":180},{"sectionNumber":"161","sectionType":"section","heading":"Information sharing – data about enrolments and attendance","content":"161 Information sharing – data about enrolments and attendance\n(1) The CEO may request the following information from a governing\nbody of a non-Government school:\n(a) data recorded in the enrolment and attendance register at one\nor more schools governed by the governing body;\n(b) specific data related to enrolments or attendances of students\nat one or more schools governed by the governing body\nduring a specified period or at a specified time.\n(2) The governing body must disclose the information to the CEO.\n(3) This section does not limit any power or obligation under another\nAct to give information.\n","sortOrder":181},{"sectionNumber":"162","sectionType":"section","heading":"Corporal punishment prohibited","content":"162 Corporal punishment prohibited\n(1) This section applies to every person who is:\n(a) a member of the staff of a school; or\n(b) engaged to teach or support teaching at a school.\n\nEducation Act 2015 97\n(2) The person must not administer any form of corporal punishment to\na student enrolled in the school.\n(3) Despite anything to the contrary in section 11 of the Criminal Code,\na person mentioned in subsection (1) does not have, and cannot be\ngiven, any delegated power to apply force to a child for the\npurposes of discipline, management or control.\n","sortOrder":182},{"sectionNumber":"163","sectionType":"section","heading":"Employment of children","content":"163 Employment of children\n(a) the person intentionally employs, or permits to be employed, a\nchild; and\n(b) the person is reckless as to whether the child is a child of\ncompulsory school age who has not completed year 10 of\nsecondary education; and\n(c) the child is employed during a time of a school day when the\nchild is required to attend school.\nMaximum penalty: For a first offence – 50 penalty units or\nimprisonment for 3 months.\n100 penalty units or imprisonment for\n6 months.\n(2) Strict liability applies to subsection (1)(c).\n(3) Subsection (1) does not apply if:\n(a) the employment is in an approved apprenticeship or approved\ntraineeship under the Training and Skills Development\nAct 2016 that is being undertaken in conjunction with\neducation or training provided at a school; or\n(b) an exemption under subsection (6) applies in relation to the\n(4) A person commits an offence if the person:\n(a) intentionally employs, or permits to be employed, a child; and\n(b) is reckless as to whether the child is a child of compulsory\nschool age who has not completed year 10 of secondary\neducation; and\n\nEducation Act 2015 98\n(c) is reckless as to whether the nature of the employment is such\nthat it is likely to cause the child to be:\n(i) unfit or unable to attend school at the times that the child\nis required to attend school; or\n(ii) unfit or unable to understand instruction provided for the\nchild when attending school.\nMaximum penalty: For a first offence – 50 penalty units or\nimprisonment for 3 months.\n100 penalty units or imprisonment for\n6 months.\n(5) Subsection (4) does not apply if an exemption under subsection (6)\napplies in relation to the child.\n(6) The Minister may grant an exemption in relation to a child from all\nor any of the provisions of subsection (1) or (4) if satisfied that it is\nappropriate to do so because of special circumstances.\n","sortOrder":183},{"sectionNumber":"164","sectionType":"section","heading":"Obstruction of authorised officer","content":"164 Obstruction of authorised officer\n(a) the person intentionally obstructs another person; and\n(c) the person knows the authorised officer is acting in an official\n(2) Strict liability applies to subsection (1)(b).\n\nEducation Act 2015 99\n(3) In this section:\nobstruct, includes hinder and resist.\n","sortOrder":184},{"sectionNumber":"165","sectionType":"section","heading":"Giving misleading information to authorised officer","content":"165 Giving misleading information to authorised officer\n(a) the person intentionally gives information to another person;\nand\n(c) the person knows the information is misleading; and\n(d) the person knows the authorised officer is acting in an official\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(c) the person knows the document contains misleading\ninformation; and\n\nEducation Act 2015 100\n(d) the person knows the authorised officer is acting in an official\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the\nauthorised officer's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe authorised officer the information necessary to remedy the\nmisleading aspect of the document.\n(5) In this section:\nacting in an official capacity, in relation to an authorised officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\n","sortOrder":185},{"sectionNumber":"166","sectionType":"section","heading":"Evidentiary certificates","content":"166 Evidentiary certificates\n(1) In a legal proceeding, a certificate purporting to be signed by the\nprincipal of a school stating that the student named in it did or did\nnot attend that school on the date or dates specified in the\ncertificate is evidence of the matters specified.\n(2) In a legal proceeding, a certificate purporting to be signed by an\nauthorised person and stating any of the following matters is\nevidence of the matter:\n(a) a specified person is a parent of a specified child;\n(b) a specified person has daily care and control of a specified\nchild;\n\nEducation Act 2015 101\n(c) a specified child is of, above, or under, a specified age or was,\nat a specified time, of, above or under a specified age;\n(d) at a specified time a specified child was or was not enrolled in\na specified school;\n(e) a specified person is or was, at a specified time, the principal\nof a specified school;\n(f) at a specified time instruction was provided for a specified\nstudent at a specified school.\n","sortOrder":186},{"sectionNumber":"166A","sectionType":"section","heading":"School attendance officers","content":"166A School attendance officers\n(1) The CEO may, in writing, appoint a person to be a school\nattendance officer.\n(2) A school attendance officer has the following functions:\n(a) to monitor and enforce compliance with the provisions of this\nAct relating to school attendance;\n(b) to provide information and advice on matters relating to school\nattendance;\n(c) to conduct community education and awareness programs\nrelating to school attendance;\n(d) to perform any other function conferred on school attendance\nofficers under this Act.\n(3) A school attendance officer has the powers necessary to perform\nthe officer's functions under this Act.\n","sortOrder":187},{"sectionNumber":"167","sectionType":"section","heading":"Authorised persons","content":"167 Authorised persons\n(1) Each of the following is an authorised person:\n(a) a police officer;\n(b) a school attendance officer;\n(c) a person appointed under subsection (2).\n(2) The CEO may appoint a person to be an authorised person for this\nAct.\n\nEducation Act 2015 102\n","sortOrder":188},{"sectionNumber":"168","sectionType":"section","heading":"Identity card","content":"168 Identity card\n(1) The CEO must give an authorised person (other than a police\nofficer) an identity card stating the person's name and that the\nperson is an authorised person.\n(2) The identity card must:\n(a) show a recent photograph of the authorised person; and\n(b) show the card's date of issue and expiry; and\n(c) be signed by the authorised person.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":189},{"sectionNumber":"168A","sectionType":"section","heading":"Production of identity card","content":"168A Production of identity card\nAn authorised person (other than a police officer in uniform)\nexercising a power or performing a function under this Act in\nrelation to a person must, if exercising the power or performing the\nfunction in the presence of the person, produce for the person's\ninspection:\n(a) if the authorised person is a police officer – the officer's police\nidentification; or\n(b) otherwise – the authorised person's identity card.\n","sortOrder":190},{"sectionNumber":"169","sectionType":"section","heading":"Return of identity card","content":"169 Return of identity card\n(1) A person (other than a police officer) who ceases to be an\nauthorised person must return the person's identity card to the CEO\nwithin 21 days after the cessation.\nsubsection (1) if the defendant has a reasonable excuse.\n\nEducation Act 2015 103\n","sortOrder":191},{"sectionNumber":"170","sectionType":"section","heading":"Information sharing – information for Part 4","content":"170 Information sharing – information for Part 4\n(1) Despite Part 5 of the Information Act 2002, a person or body may\ndisclose to the CEO any relevant information:\n(a) to assist the CEO to ascertain:\n(i) the age, identity or whereabouts of a child whose usual\nplace of residence is in the Territory and who is not\nenrolled in a school or participating in an eligible option\nas required under Part 4, Division 1; or\n(ii) the reasons why the child is not enrolled in a school or\nparticipating in an eligible option as required under\nPart 4, Division 1; or\n(b) that might otherwise assist the CEO in the administration of\nPart 4.\n(2) The relevant information may be disclosed:\n(a) at the request of the CEO or on the discloser's own initiative;\nand\n(b) if the discloser is an individual – anonymously.\n(3) The CEO, in a request for relevant information, may include\ninformation about a child or a child's family that may assist the\nperson or body to provide the requested information.\n(4) An individual who discloses relevant information under this section\nin good faith, in relation to the disclosure:\n(a) is not criminally or civilly liable; and\n(b) is not subject to disciplinary proceedings; and\n(c) does not commit a breach of professional ethics.\n(5) The identity of an individual who discloses relevant information\nmust not be disclosed unless the CEO considers disclosure of the\nidentity is warranted because of special circumstances.\n(6) The CEO may also disclose relevant information, or other\ninformation known to the CEO, to another Agency or body\n(including an Agency or body from another jurisdiction) if:\n(a) the Agency or body has responsibilities in relation to children\n(whether specifically or generally); and\n\nEducation Act 2015 104\n(b) the CEO considers that the disclosure is appropriate to assist\nthe Agency or body in meeting those responsibilities.\n(7) In this section:\nanother jurisdiction means the Commonwealth, a State or another\nbody includes the Police Force of the Northern Territory.\n","sortOrder":192},{"sectionNumber":"170A","sectionType":"section","heading":"Information sharing – principals","content":"170A Information sharing – principals\n(1) Despite Part 5 of the Information Act 2002, the principal of a school\nmay disclose the following information about a student who\nattended the school to the principal of any other school to which the\nstudent subsequently transfers or proposes to transfer:\n(a) information to assist with the transfer of the student to the\nother school;\n(b) information the principal considers relevant to ensure the\nsafety and wellbeing of the student or other students attending\nthe other school.\nNote for subsection (1)\nThe principal of a school attended by a student may disclose information under\nthis subsection whether or not the student transfers to the subsequent school\nimmediately after attending the first-mentioned school.\n(2) An individual who discloses information under this section in good\nfaith, in relation to the disclosure:\n(a) is not criminally or civilly liable; and\n(b) is not subject to disciplinary proceedings; and\n(c) does not commit a breach of professional ethics.\n(3) This section does not limit any power or obligation under another\nAct to give information.\n\nEducation Act 2015 105\n","sortOrder":193},{"sectionNumber":"171","sectionType":"section","heading":"Information notice","content":"171 Information notice\n(2) If the CEO or a school attendance officer believes on reasonable\ngrounds that section 39, 40, 42 or 70 is not being complied with in\nrelation to a child, the CEO or officer may give a written notice (an\ninformation notice) requiring specified information to one of the\nfollowing:\n(a) a parent who has daily care and control of the child;\n(b) if the child is living independently – the child.\n(3) The information notice must:\n(a) specify that it is an information notice under this section; and\n(b) indicate the provision or provisions of this Act that the CEO or\nschool attendance officer believes is or are not being complied\nwith; and\n(c) specify the information required; and\n(d) specify what must be done by the person given the notice in\norder to comply with it; and\n(e) specify the period for complying with the notice; and\n(f) contain a statement to the effect that failure to comply with the\nnotice is an offence.\n(4) The information notice may include any further information that the\nCEO or school attendance officer considers appropriate.\n(5) A parent commits an offence if:\n(a) an information notice is given to the parent under\nsubsection (2)(a); and\n(b) the parent fails to comply with the notice.\n\nEducation Act 2015 106\n(6) A child commits an offence if:\n(a) an information notice is given to the child under\nsubsection (2)(b); and\n(b) the child fails to comply with the notice.\n(7) An offence against subsection (5) or (6) is an offence of strict\n(8) It is a defence to a prosecution for an offence against\nsubsection (5) or (6) if the defendant has a reasonable excuse.\n","sortOrder":194},{"sectionNumber":"172","sectionType":"section","heading":"Compliance notice","content":"172 Compliance notice\n(2) If the CEO or a school attendance officer believes on reasonable\ngrounds that section 39, 40, 42 or 70 is not being complied with in\nrelation to a child, the CEO or officer may give a written notice (a\ncompliance notice) to one of the following:\n(a) a parent who has daily care and control of the child;\n(b) if the child is living independently – the child.\n(2A) A compliance notice may be given whether or not an information\nnotice under section 171(2) has been given in the circumstances.\n(3) The compliance notice must:\n(a) specify that it is a compliance notice under this section; and\n(b) include a brief description of the failure to comply with this Act\nfor which the notice is given; and\n(c) specify what must be done by the person given the notice in\norder to comply with it; and\n(d) specify 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(4) The compliance notice may include any further information that the\nCEO or school attendance officer considers appropriate.\n\nEducation Act 2015 107\n(5) If the CEO or school attendance officer considers it appropriate to\ndo so, the CEO or officer may extend the period mentioned in\nsubsection (3)(d) on the CEO's or officer's own initiative or on the\nrequest of the person given the compliance notice.\n(6) However, the period cannot be extended if the period for\ncompliance has ended.\n(7) A parent commits an offence if:\n(a) a compliance notice is given to the parent under\nsubsection (2)(a); and\n(b) the parent fails to comply with the notice.\n(8) A child commits an offence if:\n(a) a compliance notice is given to the child under\nsubsection (2)(b); and\n(b) the child fails to comply with the notice.\n(9) An offence against subsection (7) or (8) is an offence of strict\n(10) It is a defence to a prosecution for an offence against\nsubsection (7) or (8) if the defendant has a reasonable excuse.\n(11) If the CEO or school attendance officer is satisfied that the\ncompliance notice has been complied with, the CEO or officer must\nrevoke the notice by written notice given to the parent or child, as\nthe case requires.\n","sortOrder":195},{"sectionNumber":"173","sectionType":"section","heading":"Compulsory conference","content":"173 Compulsory conference\n(1) If the CEO or a school attendance officer believes on reasonable\ngrounds that a provision of Part 4 (other than Division 3) is not\nbeing complied with in relation to a child, the CEO or officer may\ngive a direction under subsection (2).\n\nEducation Act 2015 108\n(2) The CEO or school attendance officer may, by written notice, direct\nany of the following persons to attend a compulsory conference\naddressing the issues the CEO or officer considers appropriate to\nresolve in order to achieve compliance with the provision:\n(a) a parent of the child concerned;\n(b) the child concerned;\n(c) any other person the CEO or officer considers appropriate.\nExamples for subsection (2)(c)\nA social worker, child psychologist, school principal, church representative or\ntraditional elder.\n(3) The child may attend the conference without being accompanied by\na parent in any of the following circumstances:\n(a) the child is living independently;\n(b) the child requests that parents, or a particular parent, not be\npresent and the CEO or school attendance officer agrees to\nthe request;\n(c) the CEO or officer considers the conference is more likely to\nbe successful without the presence of parents or a particular\nparent.\n(4) If a child attends the conference without being accompanied by a\nparent because of circumstances mentioned in subsection (3), any\ndirection to a parent to attend is taken to be withdrawn.\n(5) If the child requests the presence of another person (a support\nperson) at the conference, the CEO or school attendance officer\nmay agree to the request if the CEO or officer considers the\nconference is more likely to be successful if the support person is\npresent.\n(6) The conference must be conducted by a departmental officer.\n(7) The purpose of the conference is to ensure that the child receives\neducation or training in accordance with this Act.\n(8) For achieving its purpose, in the conduct of the conference the\nparties may do any of the following:\n(a) seek to identify and resolve issues in dispute in relation to\neducation or training for the child;\n\nEducation Act 2015 109\n(b) seek to identify any services that can be provided to the child\nor the child's family to facilitate education or training for the\nchild;\n(c) make recommendations to the CEO or school attendance\nofficer that the conference participants consider appropriate;\n(d) formulate undertakings for a family responsibility agreement\nunder Part 6A of the Youth Justice Act 2005.\n(9) Despite Part 5 of the Information Act 2002, participants in the\nconference, or other persons for the purposes of the conference,\nmay disclose to each other information about the child and the\nchild's family that may reasonably assist in achieving the purpose of\nthe conference.\n(10) Evidence of things said or admissions made in the conference, or in\ndocuments prepared for the conference, other than any written\nundertakings prepared during or following the conference, is not\nadmissible in any court proceeding.\n(11) A parent commits an offence if:\n(a) the parent has been directed under subsection (2)(a) to attend\na conference; and\n(b) the parent fails to comply with the direction.\n(12) A child commits an offence if:\n(a) the child has been directed under subsection (2)(b) to attend a\nconference; and\n(b) the child fails to comply with the direction.\n(13) An offence against subsection (11) or (12) is an offence of strict\n(14) It is a defence to a prosecution for an offence against\nsubsection (11) or (12) if the defendant has a reasonable excuse.\n\nEducation Act 2015 110\n","sortOrder":196},{"sectionNumber":"174","sectionType":"section","heading":"Truancy from school or eligible option","content":"174 Truancy from school or eligible option\n(1) This section applies if an authorised person:\n(a) sees a child apparently of compulsory school age in a public\nplace; and\n(b) believes on reasonable grounds that the child should either be\nattending a school or participating in an eligible option.\n(2) The authorised person may require the child to:\n(a) give the child's name, the address of the child's usual place of\nresidence and the child's age; and\n(b) give the name of the school (if any) in which the child is\nenrolled or give details of any eligible option in which the child\nparticipates; and\n(c) explain why the child is absent from school or is not\nparticipating in an eligible option.\n(a) a requirement is made of a child under subsection (2); and\n(b) the child fails to comply with the requirement.\nMaximum penalty: 1.5 penalty units.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) If it appears to the authorised person that the child is of compulsory\nschool age and the authorised person is not satisfied with the\nexplanation given by the child, the authorised person may do any of\nthe following:\n(a) accompany the child to the school in which the child is\nenrolled and place the child into the care of the school\nprincipal;\n(b) accompany the child to the child's usual place of residence or\nanother place the authorised person considers appropriate in\nthe circumstances;\n(c) take any action the authorised person considers appropriate in\nrelation to any non-participation by the child in an eligible\noption.\n\nEducation Act 2015 111\n","sortOrder":197},{"sectionNumber":"175","sectionType":"section","heading":"Authorised person may require information about enrolment or","content":"175 Authorised person may require information about enrolment or\neligible option\n(1) An authorised person may, at any time between 8 am and 7 pm\nduring any day, call at an address that has been given under\nsection 174(2)(a) or otherwise obtained, and require any person\napparently of or above the age of 14 years present at that address\nto state:\n(a) the full names of all children of compulsory school age who\nusually reside at that address; and\n(b) the names of the schools in which those children are enrolled,\nor other places at which any of the children participate in an\n(2) An adult commits an offence if:\n(a) the adult is required under subsection (1) to give information;\nand\n(b) the adult fails to comply with the requirement.\n(a) the child is required under subsection (1) to give information;\nand\n(b) the child fails to comply with the requirement.\n\nEducation Act 2015 112\n","sortOrder":198},{"sectionNumber":"176","sectionType":"section","heading":"Authorised person may direct enrolment of child","content":"176 Authorised person may direct enrolment of child\n(1) If an authorised person believes on reasonable grounds that a child\nof compulsory school age whose usual place of residence is in the\nTerritory is not enrolled in any school, the authorised person may,\nby written notice:\n(a) direct a parent of the child to enrol the child in a school within\n10 school days after the notice is given; or\n(b) if the child is living independently – direct the child to enrol in a\nschool within 10 school days after the notice is given.\n(2) A parent commits an offence if:\n(a) the parent is given a direction under subsection (1)(a); and\n(b) the parent fails to comply with the direction.\n(a) the child is given a direction under subsection (1)(b); and\n(b) the child fails to comply with the direction.\n(6) A person given a direction under subsection (1) must, if requested,\ngive the authorised person evidence of the enrolment.\n(7) If the authorised person considers it appropriate to do so, the\nauthorised person may extend the period mentioned in\nsubsection (1) by no more than 10 school days.\n\nEducation Act 2015 113\n","sortOrder":199},{"sectionNumber":"177","sectionType":"section","heading":"Meaning of Tribunal reviewable decision","content":"177 Meaning of Tribunal reviewable decision\nEach of the following is a Tribunal reviewable decision:\n(a) a decision under section 46(3)(b) to refuse an application to\nprovide home education;\n(b) a decision under section 46(6)(e) to impose a condition on the\napproval of an application under section 46(1);\n(c) a decision under section 49(3) to cancel an approval to\nprovide home education;\n(d) a decision under section 53(2)(b), (c) or (d) to refuse or vary\nspecial arrangements or order alternative arrangements in\nrelation to a child with a disability;\n(e) a decision under section 83(4)(a) to refuse, or partially grant,\nan application for an application for additional semesters;\n(f) a decision under section 84(1) to cancel the enrolment of a\nstudent;\n(g) a decision under section 92(6) to confirm a decision to exclude\na student;\n(h) a decision under section 93(6) not to revoke a decision to\nexpel a student;\n(i) a decision of the registrar under section 156B(1).\n","sortOrder":200},{"sectionNumber":"178","sectionType":"section","heading":"Meaning of affected person","content":"178 Meaning of affected person\nA person is an affected person for a Tribunal reviewable decision\nmentioned in section 177 if the person is any of the following:\n(a) for a decision mentioned in section 177(a) to (c) – a parent of\nthe child to whom the decision relates;\n(b) for a decision mentioned in section 177(d) – a parent of a child\nwho has a disability and who is the subject of the decision;\n(c) for a decision mentioned in section 177(e) or (f) – the student\nto whom the decision relates and, if the student is a child who\nis not living independently – a parent who has daily care and\ncontrol of the child;\n\nEducation Act 2015 114\n(d) for a decision mentioned in section 177(g) – the student\nwhose exclusion is confirmed and, if the student is a child who\nis not living independently – a parent who has daily care and\ncontrol of the child;\n(e) for a decision mentioned in section 177(h) – the student\nwhose expulsion is not revoked and, if the student is a child\nwho is not living independently – a parent who has daily care\nand control of the child;\n(f) for a decision mentioned in section 177(i) – the applicant for\nthe review under section 156.\n","sortOrder":201},{"sectionNumber":"179","sectionType":"section","heading":"Jurisdiction of NT Civil and Administrative Tribunal","content":"179 Jurisdiction of NT Civil and Administrative Tribunal\n(1) An affected person for a Tribunal reviewable decision may apply to\nthe Tribunal for a review of the decision.\n(2) Despite anything to the contrary in the Northern Territory Civil and\nAdministrative Tribunal Act 2014, an affected person under\nsection 178(b) is not to bear any costs for making an application\nunless the Tribunal makes a costs order against the applicant\nbecause it considers the application to be frivolous or vexatious.\n","sortOrder":202},{"sectionNumber":"180","sectionType":"section","heading":"Recovery of amounts payable to the Commonwealth","content":"180 Recovery of amounts payable to the Commonwealth\n(1) This section applies if a determination is made under\nsection 110(1)(a) of the Australian Education Act 2013 (Cth) that\nthe Territory pay a specified amount to the Commonwealth as a\nresult of:\n(a) non-compliance or a breach by an entity to which the Territory\npaid an amount of financial assistance in accordance with that\nAct; or\n(b) a payment mentioned in section 109(1), (2), (3)(a) or (4) of\nthat Act that was paid to the Territory for payment to an entity\nin accordance with that Act.\n(2) The Territory is taken to have made an arrangement with the entity\nthat the amount determined under section 110(1)(a) of the\nAustralian Education Act 2013 (Cth):\n(a) is a debt due by that entity to the Territory; and\n(b) may be recovered by the Territory (or another person on\nbehalf of the Territory) in a court of competent jurisdiction.\n\nEducation Act 2015 115\n(3) The Territory may assign to the Commonwealth the right to recover\na debt mentioned in subsection (2).\napproval authority, see section 6 of the Australian Education\nAct 2013 (Cth).\nblock grant authority, see section 6 of the Australian Education\nAct 2013 (Cth).\nentity means:\n(a) an approval authority; or\n(b) a block grant authority; or\n(c) a non-government representative body.\nnon-government representative body, see section 6 of the\nAustralian Education Act 2013 (Cth).\n","sortOrder":203},{"sectionNumber":"181","sectionType":"section","heading":"Power to exempt, waive or refund fees","content":"181 Power to exempt, waive or refund fees\nIf a power is conferred under this Act for a fee to be charged, the\npower includes power to provide for the following to alleviate\nfinancial hardship or in other special circumstances:\n(a) the exemption from payment of the fee;\n(b) the waiver (wholly or partly) of the fee;\n(c) the refund (wholly or partly) of the fee.\n","sortOrder":204},{"sectionNumber":"182","sectionType":"section","heading":"Consent for prosecution","content":"182 Consent for prosecution\n(1) A legal proceeding for an offence against this Act, other than Part 4,\ncannot be commenced without the Minister's written consent.\n(2) A legal proceeding for an offence against Part 4 cannot be\ncommenced without the CEO's written consent.\n(3) In a legal proceeding, a document purporting to be the consent of\nthe Minister or CEO is evidence of that consent.\n","sortOrder":205},{"sectionNumber":"183","sectionType":"section","heading":"Approved forms","content":"183 Approved forms\nThe CEO may approve forms for this Act.\n\nEducation Act 2015 116\n","sortOrder":206},{"sectionNumber":"184","sectionType":"section","heading":"Protection from liability","content":"184 Protection from liability\n(1) This section applies to the following persons:\n(a) a member of an advisory council;\n(b) a member of the Northern Territory Board of Studies;\n(c) a member of a school representative body;\n(d) a person appointed under section 118(4);\n(f) an assessor;\n(g) an authorised officer;\n(h) a person authorised by Part 7 to require the provision of\ninformation or a document.\n(2) A person to whom this section applies is not civilly or criminally\nliable for an act done or omitted to be done by the person in good\nfaith in the performance of a function under this Act as a member,\nassessor, authorised officer or person authorised by Part 7, as the\ncase requires.\n(3) Subsection (2) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nperformance, of a function, includes the purported performance of\nthe function.\n185 Regulations\nThe Administrator may make regulations under this Act.\nPart 9 Repeals, transitional provisions and\namendments\n186 Acts repealed\nThe Acts specified in Schedule 1 are repealed.\n\nEducation Act 2015 117\n","sortOrder":207},{"sectionNumber":"187","sectionType":"section","heading":"General transitional provisions","content":"187 General transitional provisions\n(1) This Division does not affect or take away from the Interpretation\nAct 1978.\n(2) If this Division provides that a provision of the repealed Act\ncontinues to apply to any matter or thing, then any regulation or\nother instrument having effect under that Act for that provision also\ncontinues to apply to that matter or thing.\n(3) If under this Division a provision of the repealed Act or a regulation\nor instrument continues to apply to a matter or thing, it continues to\napply as in force immediately before the provision was repealed.\n","sortOrder":208},{"sectionNumber":"188","sectionType":"section","heading":"Transitional matters for repeal of Education Act 1979","content":"188 Transitional matters for repeal of Education Act 1979\n(1) Despite the repeal effected by section 186, Part 2A of the repealed\ncommencement of Part 3 of this Act.\n(2) Despite the repeal effected by section 186, Part 7 of the repealed\ncommencement of Part 7 of this Act.\n(3) Despite the repeal effected by section 186, Part 9 of the repealed\ncommencement of Part 6, Divisions 3 and 4 of this Act.\n","sortOrder":209},{"sectionNumber":"189","sectionType":"section","heading":"Northern Territory Board of Studies","content":"189 Northern Territory Board of Studies\nOn 1 July 2016 the Northern Territory Board of Studies established\nby section 10B of the repealed Act is abolished and its members go\nout of office.\n","sortOrder":210},{"sectionNumber":"190","sectionType":"section","heading":"Advisory councils","content":"190 Advisory councils\nOn 1 January 2016 an advisory council mentioned in section 11 of\nthe repealed Act in existence immediately before that date is taken\nto be an advisory council established under section 19 of this Act.\n","sortOrder":211},{"sectionNumber":"191","sectionType":"section","heading":"Home education","content":"191 Home education\n(1) An application made before 1 January 2016 under section 20E of\nthe repealed Act for approval to provide home education that is not\ndetermined immediately before that date is taken to be an\napplication under section 46 of this Act.\n\nDivision 3 Transitional matters for Education Legislation Amendment Act 2023\nEducation Act 2015 118\n(2) An approval of home education in force under section 20E of the\nrepealed Act immediately before 1 January 2016 is taken on and\nafter that date to be an approval under section 46 of this Act.\n","sortOrder":212},{"sectionNumber":"192","sectionType":"section","heading":"Authorised persons","content":"192 Authorised persons\nAn appointment of a person as an authorised person under\nsection 25(2) of the repealed Act in force immediately before\n1 January 2016 is taken to be an appointment of that person under\nsection 167(2) of this Act.\n193 Non-Government schools\n(1) Part 7 of the repealed Act continues to apply on and after\n1 April 2016 in relation to an application made, but not determined,\nunder section 63A or 68F of that Act before that date.\n(2) On 1 April 2016 the Registration Assessment Panel mentioned in\nsection 64 of the repealed Act in existence immediately before that\ndate is taken to be the Registration Assessment Panel established\nby section 133 of this Act.\n(3) An appointment of a person as an assessor under section 68(1), or\nas a member of panel of nominees under section 68(4), of the\nrepealed Act in force immediately before 1 April 2016 is taken to be\nan appointment of that person under section 146(1) or (4), as the\ncase requires, of this Act.\n(4) On 1 April 2016 a school registered under Part 7 of the repealed\nAct immediately before that date is taken to be a school registered\nunder Part 7 of this Act.\nDivision 3 Transitional matters for Education Legislation\nAmendment Act 2023\n","sortOrder":213},{"sectionNumber":"194","sectionType":"section","heading":"Definition","content":"194 Definition\nIn this Division:\namending Act means the Education Legislation Amendment\nAct 2023.\n","sortOrder":214},{"sectionNumber":"195","sectionType":"section","heading":"Registration requirements","content":"195 Registration requirements\nFor the period commencing on the commencement of section 12 of\nthe amending Act (the commencement) and ending on\n31 December 2024, a registered non-Government school is taken\nto comply with the registration requirements under section 125 of\nthe Act as in force immediately after the commencement, if the\nschool complies with the registration requirements under\n\nDivision 3 Transitional matters for Education Legislation Amendment Act 2023\nEducation Act 2015 119\nsection 125 of the Act as in force immediately before the\ncommencement.\n","sortOrder":215},{"sectionNumber":"196","sectionType":"section","heading":"Applications for registration made but not decided before","content":"196 Applications for registration made but not decided before\ncommencement\n(1) This section applies in relation to an application for registration of a\nnon-Government school that was made but not decided before the\ncommencement of sections 13 to 18 of the amending Act (the\ncommencement).\n(2) The application is to be reviewed and determined in accordance\nwith Part 7, Divisions 3, 4 and 5, of the Act as in force immediately\nbefore the commencement.\n(3) The Registration Assessment Panel in existence immediately\nbefore the commencement of section 17 of the amending Act must\ncontinue to deal with the application in accordance with\nsubsection (2).\n","sortOrder":216},{"sectionNumber":"197","sectionType":"section","heading":"Application of section 156 to reviewable decisions made","content":"197 Application of section 156 to reviewable decisions made\nbefore commencement\nSection 156 of this Act, as in force immediately before the\ncommencement of section 31 of the amending Act (the\ncommencement), continues to apply to a reviewable decision\nunder section 156 that was made before the commencement.\n\nEducation Act 2015 120\n","sortOrder":217},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Repealed Acts","content":"Schedule 1 Repealed Acts\nsection 186\nEducation Act 1979 Act No. 77, 1979\nEducation Act (No. 2) 1979 Act No. 145, 1979\nEducation Amendment Act 1981 Act No. 32, 1981\nEducation Amendment Act 1982 Act No. 95, 1982\nEducation Amendment Act 1983 Act No. 54, 1983\nEducation Amendment Act 1984 Act No. 4, 1984\nEducation Amendment Act (No. 2) 1984 Act No. 36,1984\nEducation Amendment Act 1985 Act No. 1, 1985\nEducation Amendment Act (No. 2) 1985 Act No. 61, 1985\nEducation Amendment Act 1988 Act No. 61, 1988\nEducation Amendment Act (No. 2) 1988 Act No. 4, 1989\nEducation Amendment Act 1991 Act No. 64, 1991\nEducation Amendment Act (No. 2) 1991 Act No. 71, 1991\nEducation Amendment Act 1994 Act No. 24, 1994\nEducation Amendment Act (No. 2) 1994 Act No. 59, 1994\nEducation Amendment Act 1994 Amendment Act 1994 Act No. 67,1994\nEducation Amendment Act 1996 Act No. 29, 1996\nEducation Amendment Act 2000 Act No. 50, 2000\nEducation Amendment Act 2002 Act No. 60, 2002\nEducation Amendment (Non-Government Schools)\nAct 2009\nAct No. 33, 2009\nEducation Amendment (Youth Participation) Act 2009 Act No. 34, 2009\nEducation Legislation Amendment Act 2011 Act No. 14, 2011\n\nEducation Act 2015 121\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nEducation Act 2015 (Act No. 28, 2015)\nAssent date 10 December 2015\nCommenced pt 6, divs 2 and 4 and pt 7: 1 April 2016; pt 3: 1 July 2016;\nrem: 1 January 2016 (s 2)\nTraining and Skills Development Act 2016 (Act No. 25, 2016)\nAssent date 29 June 2016\nCommenced 4 July 2016 (Gaz S61, 4 July 2016)\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\nYouth Justice Legislation Amendment Act 2021 (Act No. 9, 2021)\nAssent date 14 May 2021\nCommenced 15 May 2021 (s 2)\nEducation Legislation Amendment Act 2023 (Act No. 27, 2023)\nAssent date 3 November 2023\nCommenced 2 January 2024 (s 2)\nEducation Legislation Amendment Act 2025 (Act No. 5, 2025)\nAssent date 3 April 2025\nCommenced pt 3: nc; rem: 4 April 2025 (s 2)\n\nEducation Act 2015 122\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 15, 38, 46, 56, 100, 115,\n120, 163, 170, 173, 179, 187 and 188.\n4 LIST OF AMENDMENTS\ns 4 amd No. 27, 2023, s 4\ns 5 amd No. 27, 2023, s 5; No. 5, 2025, s 4\ns 38 amd No. 25, 2016, s 112\ns 41 amd No. 5, 2025, s 12\ns 80 amd No. 5, 2025, s 12\ns 89 amd No. 28, 2018, s 8\ns 91 amd No. 27, 2023, s 6\ns 92 amd No. 27, 2023, s 7\ns 103 amd No. 26, 2020, s 3\ns 121 amd No. 27, 2023, s 8\ns 121A ins No. 27, 2023, s 9\ns 123 amd No. 27, 2023, s 10\nss 123A –\n123D ins No. 27, 2023, s 11\ns 125 sub No. 27, 2023, s 12\ns 128 amd No. 27, 2023, s 13\ns 129 amd No. 27, 2023, s 14\ns 130 rep No. 27, 2023, s 15\ns 131 amd No. 27, 2023, s 16\npt 7\ndiv 4 hdg sub No. 27, 2023, s 17\nss 133 – 135 sub No. 27, 2023, s 17\ns 136 rep No. 27, 2023, s 17\ns 137 amd No. 27, 2023, s 18\ns 140 amd No. 27, 2023, s 19\ns 145 amd No. 27, 2023, s 20\nss 145A –\n145B ins No. 27, 2023, s 21\npt 7\ndiv 7A hdg ins No. 27, 2023, s 21\nss 145C –\n145G ins No. 27, 2023, s 21\ns 146 sub No. 27, 2023, s 22\ns 147 amd No. 27, 2023, s 23\ns 148 amd No. 27, 2023, s 24\ns 149 amd No. 27, 2023, s 25\ns 152 rep No. 27, 2023, s 26\npt 7\nsdiv 1 hdg ins No. 27, 2023, s 27\npt 7\nsdiv 2 hdg ins No. 27, 2023, s 28\ns 154 amd No. 27, 2023, s 29\npt 7\nsdiv 3 hdg ins No. 27, 2023, s 30\n\nEducation Act 2015 123\ns 155 sub No. 27, 2023, s 30\nss 155A –\n155E ins No. 27, 2023, s 30\ns 156 amd No. 27, 2023, s 31\nss 156A –\n155B ins No. 27, 2023, s 32\ns 158 amd No. 27, 2023, s 33\npt 7\ndiv 12 hdg rep No. 27, 2023, s 34\ns 161 sub No. 27, 2023, s 34\ns 163 amd No. 25, 2016, s 112\ns 166A ins No. 5, 2025, s 5\ns 167 amd No. 5, 2025, s 6\ns 168 amd No. 5, 2025, s 7\ns 168A ins No. 5, 2025, s 8\ns 170 amd No. 27, 2023, s 35\ns 170A ins No. 27, 2023, s 36\ns 171 amd No. 5, 2025, s 9\ns 172 amd No. 5, 2025, s 10\ns 173 amd No. 9, 2021, s 37; No. 27, 2023, s 37; No. 5, 2025, s 11\ns 174 amd No. 5, 2025, s 12\ns 176 amd No. 5, 2025, s 12\ns 177 amd No. 27, 2023, s 38\ns 178 amd No. 27, 2023, s 39\ns 184 amd No. 27, 2023, s 40\ns 186 amd No. 26, 2020, s 3\npt 9\ndiv 3 hdg exp No. 28, 2015, s 196\ns 194 exp No. 28, 2015, s 194(5)\nss 195 – 196 exp No. 28, 2015, s 196\ns 197 ins No. 27, 2023, s 41\nsch 2 exp No. 28, 2015, s 196","sortOrder":218}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as in force on 4 April 2025 has expanded and sharpened regulatory reach compared with the original 2015 enactment, especially in relation to non‑Government schools and enforcement. Key enlargements include: (a) a stronger, centralized registrar role with statutory powers to develop standards, appoint assessors, run pre‑application assessments, conduct initial/routine/special investigations and to vary/suspend/cancel registrations (sections 123A, 123B, 123D, 146–149, 153–155D); (b) detailed compliance machinery (compliance notices, show‑cause, second compliance notices, immediate suspension in urgent safety cases) that increases administrative sanctioning tools compared with earlier, lighter touch arrangements (sections 155A–155D); (c) new duties on non‑Government schools for annual audited financial statements, self‑assessment systems, incident notifications and public registers, raising reporting and governance obligations (sections 143–145A, 157); and (d) additional enforcement and attendance mechanisms (creation of school attendance officers, expanded information‑sharing and compulsory conference powers) that strengthen state monitoring of enrolment and participation (sections 166A, 170–173). These changes broaden the Act from a framework that primarily provided schooling and basic registration to a more interventionist regulatory regime with significant compliance, inspection and enforcement architecture."},"complexity_factors":["Comprehensive length (~197 numbered sections across 9 Parts) with many substantive Parts (compulsory education, Government schools, non‑Government schools, enforcement, governance).","Extensive definitions and special terms (large Interpretation section and defined terms used throughout; cross‑referenced defined terms in many Parts).","Part 7 (Non‑Government schools) is long and layered: pre‑application, application review, assessors, initial/routine/special assessments, compliance notices, show‑cause processes, suspension without notice, and review mechanisms (multiple nested steps).","Multiple decision‑makers and overlapping authorities (Minister, CEO, registrar, assessors, principals, authorised persons, school attendance officers) each with different powers and review paths.","Many offences with differing penalty levels and frequent use of strict liability for compliance‑related offences (enrolment, attendance, record‑keeping).","Numerous cross‑references to other Territory and Commonwealth laws and to delegated instruments (Regulations), increasing conditionality and reliance on subordinate rules (e.g. disability and anti‑discrimination law references, Training and Skills Development Act, Criminal Code, Information Act).","Multiple review and appeal routes (CEO review, registrar review via assessor, Tribunal review) with differing time limits and procedures.","Significant delegated discretion (CEO/registrar may issue directions, impose conditions, suspend/cancel registrations, determine fees and standards) which produces complex conditional logic in operation.","Transitional provisions and a series of recent amendments (noted 2016–2025) materially alter procedures and introduce transitional complexity."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes the legal framework for schooling in the Northern Territory: who must go to school, what counts as attendance, who runs and funds Government schools, and how non‑Government (private) schools must register and be supervised (Part 4, Part 5, Part 7).  (See sections 38–44, 73–76, 124–139.)\n\n- Creates roles and decision‑makers: the Minister (overall administration and policy powers), the CEO (day‑to‑day executive control of Territory education), a Board of Studies to advise on curriculum, and a registrar/assessors to regulate non‑Government schools (Parts 2–3, Part 7).  (See sections 14–18, 23–28, 123–123B.)\n\n- Sets compulsory schooling rules and enforcement tools: defines compulsory school age and eligible post‑Year 10 options (year 11/12, VET, employment etc.); makes enrolment and attendance mandatory for children of compulsory school age and creates penalties and enforcement processes including information and compliance notices, compulsory conferences, and powers for authorised officers and school attendance officers.  (See sections 38–44, 70–72, 171–176.)\n\n- Regulates home education and special learning needs: parents who want to home‑educate must apply and be approved; the CEO supervises home education and may inspect or cancel approvals. The Act also establishes a process for parents/principals to request, and for the CEO to make, special arrangements for children with disabilities or special learning needs.  (See sections 46–49, 50–55.)\n\n- Defines how Government schools operate: enrolment planning, priority enrolment areas, a standard allocation of 26 semesters of Government schooling with limited additional semesters by application, curricula and religious instruction rules, behaviour management and processes for suspension, exclusion and expulsion.  (See sections 73–76, 78–84, 85–88, 90–95.)\n\n- Introduces local governance structures: school representative bodies (school councils/independent public school boards), school management councils and parent consultative groups with powers over local decisions, fundraising and some financial control subject to CEO oversight.  (See sections 102–119.)\n\n- Imposes duties and reporting on non‑Government schools: registration is mandatory for non‑Government schools; registered schools must meet standards, keep student and financial records, deliver reports and self‑assessments, submit to initial and routine assessments or special investigations, and face compliance notices, show‑cause processes and possible suspension or cancellation of registration. The registrar and assessors carry the enforcement role.  (See sections 124–156, 146–155D.)\n\n- Protects child safety and sets behavioural standards: corporal punishment is prohibited; complaints and review procedures are required for expulsions/exclusions; the Act cross‑references federal disability standards and anti‑discrimination protections.  (See sections 162, 145B–145G, 55–56.)\n\n- Provides administrative protections and limits: certain decisions are reviewable by the Northern Territory Civil and Administrative Tribunal; many powers are implemented via regulations and CEO/registrar discretion; some acts done in good faith by authorised persons are protected from civil/criminal liability.  (See sections 177–179, 15, 123A, 184.)\n\nWhy it matters (purpose statements and practical effects)\n\n- Officially, the Act exists to make education available and appropriate for all Territory children, responsive to individual needs, to assist transition to work or further education, to keep schools safe and to provide for parent/community involvement and registration of non‑Government schools (section 3).  Those stated objects identify the policy aims and the main levers used (compulsory attendance, Minister/CEO powers, registration and standards, school governance structures).\n\n- Who pays and who decides: the Territory (through the Minister and CEO) funds and provides standard curriculum schooling for eligible NT residents (sections 15, 75). Parents and governing bodies bear compliance costs: parents face obligations and penalties for non‑enrolment/attendance (sections 39–40); non‑Government schools must meet registration, reporting and financial standards and may face heavy penalties or loss of registration for breach (sections 125, 141, 126). The CEO and the registrar have significant discretionary powers to direct enrolment, set conditions, approve/withdraw registration and manage compliance (sections 17, 80–83, 123A, 155–155D).\n\n- Behaviour changes the law creates: parents must enrol and ensure attendance of children of compulsory school age; some young people must continue in approved education, training or work after Year 10; non‑Government schools must formalise governance, accounting and reporting systems and submit to inspections; principals and the CEO gain expanded tools to manage student behaviour and school safety (suspension, exclusion, expulsion) and to require information. These mechanisms create incentives for greater record‑keeping, formal governance, and compliance activity.\n\nCosts, incentives and trade‑offs (mechanisms, not value judgements)\n\n- Compliance and administrative costs: registered non‑Government schools face new ongoing costs — self‑assessment systems, annual financial statements and audits, inspections and responding to assessors, and the administrative burden of registration/variation applications (sections 141, 143–145, 146–149). Parents must comply with information and compliance notices and may attend compulsory conferences, imposing time costs (sections 171–173).\n\n- Concentrated benefits and discretionary enforcement: officials (CEO, registrar, assessors) are empowered to act quickly in safety cases (suspension without notice, special investigations — sections 155D, 147(3)), which concentrates enforcement benefit in regulators but imposes legal and operational risks on schools and families. Many operational matters are left to regulations or CEO guidance (e.g. curricula, fees for international students, registration standards), which increases administrative discretion (sections 85, 67, 123D).\n\n- Effect on private choice and market entry: mandatory registration, the requirement for governing bodies to be fit and proper, and the ability of the registrar to refuse, vary or cancel registration (sections 121A, 125, 137, 155) raise entry costs for new non‑Government schools and increase compliance overhead for existing ones. That changes the economics of opening and running private schools and can shift some families toward Government or approved alternatives.\n\n- Privacy and information‑sharing trade‑offs: the Act authorises information sharing with the CEO and between principals to enforce attendance and student safety (sections 170–170A). This reduces friction for child welfare enforcement but increases the scope for personal information disclosure and administrative handling of student data.\n\n- Substitution effects: the Act channels choices by making home education subject to approval, inspection and curriculum requirements (sections 46–49), which affects parents' ability to substitute home education for registered schooling.\n\nImplementation and legal risk\n\n- The Act relies heavily on delegated instruments (Regulations) and administrative discretion (CEO, registrar and assessors). That creates implementation dependence on the quality of regulations, guidance and the resource capacity of the Agency (sections 15(4)–(5), 123D, 185).\n\n- Multiple review paths exist (CEO review, registrar review by assessor, Tribunal review for certain decisions), but many routine enforcement steps (compliance notices, second notices, suspension in urgent cases) permit quick regulatory action with limited pre‑decision procedural steps (sections 155A–155D, 156–156B, 177–179).\n\nBottom line in plain terms\n\n- The Act sets a comprehensive, enforceable regime for compulsory schooling, school governance, curriculum responsibility and the registration and oversight of non‑Government schools. It shifts substantial operational authority to the Minister, the CEO and, for non‑Government schools, the registrar and appointed assessors. That produces clearer enforcement paths and stronger oversight, at the cost of significant compliance, reporting and administrative burdens for non‑Government schools and of increased information‑sharing and discretion by officials. (Key sections: compulsory rules — 38–44; non‑Government school regulation — 121–156; enforcement and information powers — 170–176.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":767},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in section 3: providing education programs appropriate to individual needs, ensuring safe learning environments, facilitating transition to employment or further education, involving parents in governance, and registering non-government schools. The 2023 amendments strengthened non-government school oversight (assessors, compliance notices, behaviour management policies) but this represents enhancement within scope rather than scope creep."},"complexity_factors":["185 sections across 9 Parts with multiple Divisions and Subdivisions","47 defined terms in section 5, many cross-referenced to other legislation","Extensive conditional logic: age-based thresholds (6, 14, 15, 17, 18), offence tiers (first vs subsequent), and multiple exemption pathways","Nested enforcement mechanisms: information notices → compliance notices → compulsory conferences → offences with escalating penalties","Parallel but distinct regimes for Government schools (Part 5) and non-Government schools (Part 7) with different compliance frameworks","Multiple review pathways: internal CEO review, Registrar review with assessor involvement, and Tribunal review for specified decisions","Cross-references to Commonwealth legislation (Disability Discrimination Act, Australian Education Act, Migration Act) and other NT Acts","Transitional provisions spanning multiple commencement dates (2016, 2023, 2025 amendments) with preserved predecessor arrangements"],"plain_english_summary":"The Education Act 2015 sets the legal framework for schooling across the Northern Territory, covering compulsory attendance, home education, government and non‑government schools, special‑needs and mature‑age learners, and compliance and enforcement mechanisms.  \n\nIt affects children of compulsory school age and their parents, school staff, private school operators, and the Education Minister/department — ensuring access, safety and quality in education while balancing parental choice with government oversight."}},"importantCases":[],"_links":{"self":"/api/acts/education-act-2015","history":"/api/acts/education-act-2015/history","analysis":"/api/acts/education-act-2015/analysis","conflicts":"/api/acts/education-act-2015/conflicts","importantCases":"/api/acts/education-act-2015/important-cases","documents":"/api/acts/education-act-2015/documents"}}