{"id":"qld:act-2006-039","name":"Education (General Provisions) Act 2006","slug":"education-general-provisions-act-2006","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"39 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29853,"registerId":"qld-act-2006-039-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Education (General Provisions) Act 2006 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nSection 512 (2) and schedule 2 commence on 1 January 2007.\nSection 512 (3) and schedule 3 commence on 1 January 2008.\nSubject to subsections (1) and (2) , this Act commences on a day to be fixed by proclamation.\n(sec.2-ssec.1) Section 512 (2) and schedule 2 commence on 1 January 2007.\n(sec.2-ssec.2) Section 512 (3) and schedule 3 commence on 1 January 2008.\n(sec.2-ssec.3) Subject to subsections (1) and (2) , this Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Application","content":"# Application","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nSubsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Interaction with other legislation","content":"### sec.4 Interaction with other legislation\n\nThis Act includes—\nprovisions requiring young people to continue their schooling until they are 16 years or have completed year 10, whichever happens first; and\nprovisions requiring young people to continue in education and training for a further period for the purpose of achieving a certificate of achievement, senior statement, certificate III or certificate IV.\nThe Further Education and Training Act 2014 includes provisions about some of the eligible options available to young people during this further period of learning.\nThe E(QCAA) Act includes provisions about keeping student accounts for young people to record their participation in education and training.\ns 4 amd 2006 No. 55 s 4 ; 2014 No. 3 s 114 sch 1 pt 2 ; 2014 No. 25 s 223 sch 1 pt 2\n(sec.4-ssec.1) This Act includes— provisions requiring young people to continue their schooling until they are 16 years or have completed year 10, whichever happens first; and provisions requiring young people to continue in education and training for a further period for the purpose of achieving a certificate of achievement, senior statement, certificate III or certificate IV.\n(sec.4-ssec.2) The Further Education and Training Act 2014 includes provisions about some of the eligible options available to young people during this further period of learning.\n(sec.4-ssec.3) The E(QCAA) Act includes provisions about keeping student accounts for young people to record their participation in education and training.\n- (a) provisions requiring young people to continue their schooling until they are 16 years or have completed year 10, whichever happens first; and\n- (b) provisions requiring young people to continue in education and training for a further period for the purpose of achieving a certificate of achievement, senior statement, certificate III or certificate IV.","sortOrder":5},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Objects","content":"# Objects","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Objects of Act","content":"### sec.5 Objects of Act\n\nThe objects of this Act are—\nto make available to each Queensland child or young person a high-quality education that will—\nhelp maximise his or her educational potential; and\nenable him or her to become an effective and informed member of the community; and\nto provide universal access to high quality State education; and\nfor chapter 10 —\nto implement initiatives to ensure young people participate in a period of education or training after they turn 16 years or complete year 10; and\nto outline a range of education and training options for them during this period.\nThe objects are to be achieved mainly by—\nplacing responsibilities on parents and the State in relation to the education of children and young people; and\nproviding for the establishment of State educational institutions, and facilitating their operation as safe and supportive learning environments; and\nensuring education programs are responsive to the individual needs of children and young people; and\nencouraging a parent’s involvement in his or her child’s education; and\nencouraging parental and community involvement in the operation of State educational institutions by enabling—\nthe establishment of school councils for State schools; and\nthe formation of parents and citizens associations for State instructional institutions.\ns 5 amd 2006 No. 55 s 5\n(sec.5-ssec.1) The objects of this Act are— to make available to each Queensland child or young person a high-quality education that will— help maximise his or her educational potential; and enable him or her to become an effective and informed member of the community; and to provide universal access to high quality State education; and for chapter 10 — to implement initiatives to ensure young people participate in a period of education or training after they turn 16 years or complete year 10; and to outline a range of education and training options for them during this period.\n(sec.5-ssec.2) The objects are to be achieved mainly by— placing responsibilities on parents and the State in relation to the education of children and young people; and providing for the establishment of State educational institutions, and facilitating their operation as safe and supportive learning environments; and ensuring education programs are responsive to the individual needs of children and young people; and encouraging a parent’s involvement in his or her child’s education; and encouraging parental and community involvement in the operation of State educational institutions by enabling— the establishment of school councils for State schools; and the formation of parents and citizens associations for State instructional institutions.\n- (a) to make available to each Queensland child or young person a high-quality education that will— (i) help maximise his or her educational potential; and (ii) enable him or her to become an effective and informed member of the community; and\n- (i) help maximise his or her educational potential; and\n- (ii) enable him or her to become an effective and informed member of the community; and\n- (b) to provide universal access to high quality State education; and\n- (c) for chapter 10 — (i) to implement initiatives to ensure young people participate in a period of education or training after they turn 16 years or complete year 10; and (ii) to outline a range of education and training options for them during this period.\n- (i) to implement initiatives to ensure young people participate in a period of education or training after they turn 16 years or complete year 10; and\n- (ii) to outline a range of education and training options for them during this period.\n- (i) help maximise his or her educational potential; and\n- (ii) enable him or her to become an effective and informed member of the community; and\n- (i) to implement initiatives to ensure young people participate in a period of education or training after they turn 16 years or complete year 10; and\n- (ii) to outline a range of education and training options for them during this period.\n- (a) placing responsibilities on parents and the State in relation to the education of children and young people; and\n- (b) providing for the establishment of State educational institutions, and facilitating their operation as safe and supportive learning environments; and\n- (c) ensuring education programs are responsive to the individual needs of children and young people; and\n- (d) encouraging a parent’s involvement in his or her child’s education; and\n- (e) encouraging parental and community involvement in the operation of State educational institutions by enabling— (i) the establishment of school councils for State schools; and (ii) the formation of parents and citizens associations for State instructional institutions.\n- (i) the establishment of school councils for State schools; and\n- (ii) the formation of parents and citizens associations for State instructional institutions.\n- (i) the establishment of school councils for State schools; and\n- (ii) the formation of parents and citizens associations for State instructional institutions.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Activities to achieve objects of ch 10","content":"### sec.6 Activities to achieve objects of ch 10\n\nTo achieve the objects mentioned in section 5 (1) (c) , the chief executive may—\ncarry on the following activities ( planning activities )—\nmonitoring the operation and effectiveness of chapter 10 ;\ncarrying out planning relating to the matters dealt with under chapter 10 ;\ndeveloping strategies to better achieve the objects of chapter 10 ; and\ncarry on the following activities ( re-engagement activities )—\nidentifying young persons in the compulsory participation phase who are not participating full-time in an eligible option;\ngiving them information about the options available to them;\nencouraging them to participate in a way that achieves the best learning outcomes for them;\nencouraging and helping their parents to play a role in the matters stated in subparagraphs (i) to (iii) .\nTo help the chief executive carry on planning and re-engagement activities, the E(QCAA) Act , section 66 provides for information to be made available to the chief executive from student accounts kept by the QCAA for young persons in the compulsory participation phase.\ns 6 amd 2006 No. 55 s 6 ; 2014 No. 3 s 114 sch 1 pt 2\n- (a) carry on the following activities ( planning activities )— (i) monitoring the operation and effectiveness of chapter 10 ; (ii) carrying out planning relating to the matters dealt with under chapter 10 ; (iii) developing strategies to better achieve the objects of chapter 10 ; and\n- (i) monitoring the operation and effectiveness of chapter 10 ;\n- (ii) carrying out planning relating to the matters dealt with under chapter 10 ;\n- (iii) developing strategies to better achieve the objects of chapter 10 ; and\n- (b) carry on the following activities ( re-engagement activities )— (i) identifying young persons in the compulsory participation phase who are not participating full-time in an eligible option; (ii) giving them information about the options available to them; (iii) encouraging them to participate in a way that achieves the best learning outcomes for them; (iv) encouraging and helping their parents to play a role in the matters stated in subparagraphs (i) to (iii) .\n- (i) identifying young persons in the compulsory participation phase who are not participating full-time in an eligible option;\n- (ii) giving them information about the options available to them;\n- (iii) encouraging them to participate in a way that achieves the best learning outcomes for them;\n- (iv) encouraging and helping their parents to play a role in the matters stated in subparagraphs (i) to (iii) .\n- (i) monitoring the operation and effectiveness of chapter 10 ;\n- (ii) carrying out planning relating to the matters dealt with under chapter 10 ;\n- (iii) developing strategies to better achieve the objects of chapter 10 ; and\n- (i) identifying young persons in the compulsory participation phase who are not participating full-time in an eligible option;\n- (ii) giving them information about the options available to them;\n- (iii) encouraging them to participate in a way that achieves the best learning outcomes for them;\n- (iv) encouraging and helping their parents to play a role in the matters stated in subparagraphs (i) to (iii) .","sortOrder":8},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Guiding principles for achieving Act’s objects","content":"# Guiding principles for achieving Act’s objects","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Guiding principles","content":"### sec.7 Guiding principles\n\nThe principles intended to guide the achievement of this Act’s objects are the following—\nparents have the responsibility of choosing a suitable education environment for their children;\neducation should be provided to a child or young person in a way that—\nprovides positive learning experiences; and\npromotes a safe and supportive learning environment; and\nrecognises his or her educational needs;\nchildren and young people should be actively involved in decisions affecting them to the extent that is appropriate having regard to their age and ability to understand;\nthe State, parents, teachers, school communities and non-government entities should work collaboratively to foster a commitment to achieving the best educational outcomes for children and young people;\nfor chapter 10 —\nthe State should develop practical ways to improve the social, educational and employment outcomes of young people, including, in particular, those who are at risk of disengaging from education and training; and\nthe State should foster a community commitment to young people by involving members of the community and community organisations in—\ndeveloping education and training opportunities for young people; and\nre-engaging young people in education and training; and\ndeveloping ways to improve the social outcomes of young people; and\nthe State should work with parents to achieve the best outcomes for young people; and\nthe State should work in consultation with non-government entities to achieve the objects of chapter 10 .\ns 7 amd 2006 No. 55 s 7\n- (a) parents have the responsibility of choosing a suitable education environment for their children;\n- (b) education should be provided to a child or young person in a way that— (i) provides positive learning experiences; and (ii) promotes a safe and supportive learning environment; and (iii) recognises his or her educational needs;\n- (i) provides positive learning experiences; and\n- (ii) promotes a safe and supportive learning environment; and\n- (iii) recognises his or her educational needs;\n- (c) children and young people should be actively involved in decisions affecting them to the extent that is appropriate having regard to their age and ability to understand;\n- (d) the State, parents, teachers, school communities and non-government entities should work collaboratively to foster a commitment to achieving the best educational outcomes for children and young people;\n- (e) for chapter 10 — (i) the State should develop practical ways to improve the social, educational and employment outcomes of young people, including, in particular, those who are at risk of disengaging from education and training; and (ii) the State should foster a community commitment to young people by involving members of the community and community organisations in— (A) developing education and training opportunities for young people; and (B) re-engaging young people in education and training; and (C) developing ways to improve the social outcomes of young people; and (iii) the State should work with parents to achieve the best outcomes for young people; and (iv) the State should work in consultation with non-government entities to achieve the objects of chapter 10 .\n- (i) the State should develop practical ways to improve the social, educational and employment outcomes of young people, including, in particular, those who are at risk of disengaging from education and training; and\n- (ii) the State should foster a community commitment to young people by involving members of the community and community organisations in— (A) developing education and training opportunities for young people; and (B) re-engaging young people in education and training; and (C) developing ways to improve the social outcomes of young people; and\n- (A) developing education and training opportunities for young people; and\n- (B) re-engaging young people in education and training; and\n- (C) developing ways to improve the social outcomes of young people; and\n- (iii) the State should work with parents to achieve the best outcomes for young people; and\n- (iv) the State should work in consultation with non-government entities to achieve the objects of chapter 10 .\n- (i) provides positive learning experiences; and\n- (ii) promotes a safe and supportive learning environment; and\n- (iii) recognises his or her educational needs;\n- (i) the State should develop practical ways to improve the social, educational and employment outcomes of young people, including, in particular, those who are at risk of disengaging from education and training; and\n- (ii) the State should foster a community commitment to young people by involving members of the community and community organisations in— (A) developing education and training opportunities for young people; and (B) re-engaging young people in education and training; and (C) developing ways to improve the social outcomes of young people; and\n- (A) developing education and training opportunities for young people; and\n- (B) re-engaging young people in education and training; and\n- (C) developing ways to improve the social outcomes of young people; and\n- (iii) the State should work with parents to achieve the best outcomes for young people; and\n- (iv) the State should work in consultation with non-government entities to achieve the objects of chapter 10 .\n- (A) developing education and training opportunities for young people; and\n- (B) re-engaging young people in education and training; and\n- (C) developing ways to improve the social outcomes of young people; and","sortOrder":10},{"sectionNumber":"ch.1-pt.5","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Definitions","content":"### sec.8 Definitions\n\nThe dictionary in schedule 4 defines particular words used in this Act.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of compulsory school age","content":"### sec.9 Meaning of compulsory school age\n\nA child is of compulsory school age if the child is at least 6 years and 6 months, and less than 16 years.\nHowever, a child is no longer of compulsory school age if the child has completed year 10.\ns 9 amd 2006 No. 39 s 512 (3) sch 3\n(sec.9-ssec.1) A child is of compulsory school age if the child is at least 6 years and 6 months, and less than 16 years.\n(sec.9-ssec.2) However, a child is no longer of compulsory school age if the child has completed year 10.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of parent","content":"### sec.10 Meaning of parent\n\nA parent , of a child, is any of the following persons—\nthe child’s mother;\nthe child’s father;\na person who exercises parental responsibility for the child.\nHowever, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.\nA parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.\nA parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.\nDespite subsections (1) , (3) and (4) , if—\na person is granted guardianship of a child under the Child Protection Act 1999 ; or\na person otherwise exercises parental responsibility for a child under a decision or order of a federal court or a court of a State;\nthen a reference in this Act to a parent of a child is a reference only to a person mentioned in paragraph (a) or (b) .\n(sec.10-ssec.1) A parent , of a child, is any of the following persons— the child’s mother; the child’s father; a person who exercises parental responsibility for the child.\n(sec.10-ssec.2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.\n(sec.10-ssec.3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.\n(sec.10-ssec.4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.\n(sec.10-ssec.5) Despite subsections (1) , (3) and (4) , if— a person is granted guardianship of a child under the Child Protection Act 1999 ; or a person otherwise exercises parental responsibility for a child under a decision or order of a federal court or a court of a State; then a reference in this Act to a parent of a child is a reference only to a person mentioned in paragraph (a) or (b) .\n- (a) the child’s mother;\n- (b) the child’s father;\n- (c) a person who exercises parental responsibility for the child.\n- (a) a person is granted guardianship of a child under the Child Protection Act 1999 ; or\n- (b) a person otherwise exercises parental responsibility for a child under a decision or order of a federal court or a court of a State;","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of basic allocation , remaining allocation etc.","content":"### sec.11 Meaning of basic allocation , remaining allocation etc.\n\nBasic allocation is the allocation of 26 semesters of State education.\nSome students do not have the basic allocation but another number of semesters of State education is allocated to the student by a State school’s principal.\nThe remaining allocation for a student who had a basic allocation, began schooling in the preparatory year at a State school and continued to be enrolled at any State school is the basic allocation less the number of semesters of State education provided to the student.\nThe remaining allocation for any of the following students is the number of semesters allocated to the student under section 61 less the number of semesters of State education provided to the student—\na student who is not allocated a basic allocation under section 60 ;\na student whose enrolment in a State school stopped—\nif the student is a child—at the request of the student’s parent; or\nif the student is an adult—at the request of the student;\na student whose enrolment in a State school stopped because of non-attendance by the student in accordance with a guideline published by the department;\na student who received—\nschooling at a non-State school; or\nhome education under chapter 9 , part 5 ;\na student who received schooling outside Queensland;\na student who is the subject of an exemption from compliance with section 176 (1) (a) granted under chapter 9 , part 3 .\nNeither basic allocation nor remaining allocation includes an extra semester granted under chapter 4 , part 3 or further semester granted under chapter 4 , part 5 .\ns 11 amd 2013 No. 37 s 9 ; 2014 No. 62 s 63\n(sec.11-ssec.1) Basic allocation is the allocation of 26 semesters of State education.\n(sec.11-ssec.2) Some students do not have the basic allocation but another number of semesters of State education is allocated to the student by a State school’s principal.\n(sec.11-ssec.3) The remaining allocation for a student who had a basic allocation, began schooling in the preparatory year at a State school and continued to be enrolled at any State school is the basic allocation less the number of semesters of State education provided to the student.\n(sec.11-ssec.4) The remaining allocation for any of the following students is the number of semesters allocated to the student under section 61 less the number of semesters of State education provided to the student— a student who is not allocated a basic allocation under section 60 ; a student whose enrolment in a State school stopped— if the student is a child—at the request of the student’s parent; or if the student is an adult—at the request of the student; a student whose enrolment in a State school stopped because of non-attendance by the student in accordance with a guideline published by the department; a student who received— schooling at a non-State school; or home education under chapter 9 , part 5 ; a student who received schooling outside Queensland; a student who is the subject of an exemption from compliance with section 176 (1) (a) granted under chapter 9 , part 3 .\n(sec.11-ssec.5) Neither basic allocation nor remaining allocation includes an extra semester granted under chapter 4 , part 3 or further semester granted under chapter 4 , part 5 .\n- (a) a student who is not allocated a basic allocation under section 60 ;\n- (b) a student whose enrolment in a State school stopped— (i) if the student is a child—at the request of the student’s parent; or (ii) if the student is an adult—at the request of the student;\n- (i) if the student is a child—at the request of the student’s parent; or\n- (ii) if the student is an adult—at the request of the student;\n- (c) a student whose enrolment in a State school stopped because of non-attendance by the student in accordance with a guideline published by the department;\n- (d) a student who received— (i) schooling at a non-State school; or (ii) home education under chapter 9 , part 5 ;\n- (i) schooling at a non-State school; or\n- (ii) home education under chapter 9 , part 5 ;\n- (e) a student who received schooling outside Queensland;\n- (f) a student who is the subject of an exemption from compliance with section 176 (1) (a) granted under chapter 9 , part 3 .\n- (i) if the student is a child—at the request of the student’s parent; or\n- (ii) if the student is an adult—at the request of the student;\n- (i) schooling at a non-State school; or\n- (ii) home education under chapter 9 , part 5 ;","sortOrder":15},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"State education","content":"# State education","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Provision of State education","content":"### sec.12 Provision of State education\n\nFor each student attending a State instructional institution, there must be provided an educational program approved by the Minister that—\nhas regard to—\nthe age, ability, aptitude and development of the student; and\nwhether enrolment in the educational program is compulsory or non-compulsory; and\nis an integral element within the total range of educational services offered with the prior approval of the Minister; and\ntakes account, and promotes continuity, of the student’s learning experiences; and\nrecognises, and takes account of, the nature of knowledge.\nThe duration of the educational program must be based on the basic allocation for a student.\n(sec.12-ssec.1) For each student attending a State instructional institution, there must be provided an educational program approved by the Minister that— has regard to— the age, ability, aptitude and development of the student; and whether enrolment in the educational program is compulsory or non-compulsory; and is an integral element within the total range of educational services offered with the prior approval of the Minister; and takes account, and promotes continuity, of the student’s learning experiences; and recognises, and takes account of, the nature of knowledge.\n(sec.12-ssec.2) The duration of the educational program must be based on the basic allocation for a student.\n- (a) has regard to— (i) the age, ability, aptitude and development of the student; and (ii) whether enrolment in the educational program is compulsory or non-compulsory; and\n- (i) the age, ability, aptitude and development of the student; and\n- (ii) whether enrolment in the educational program is compulsory or non-compulsory; and\n- (b) is an integral element within the total range of educational services offered with the prior approval of the Minister; and\n- (c) takes account, and promotes continuity, of the student’s learning experiences; and\n- (d) recognises, and takes account of, the nature of knowledge.\n- (i) the age, ability, aptitude and development of the student; and\n- (ii) whether enrolment in the educational program is compulsory or non-compulsory; and","sortOrder":17},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Establishment and naming of State educational institutions","content":"# Establishment and naming of State educational institutions","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Power to establish State schools","content":"### sec.13 Power to establish State schools\n\nThe Minister may establish schools at which the State provides primary, secondary or special education.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Power to establish institutions that provide educational instruction to persons enrolled at State schools","content":"### sec.14 Power to establish institutions that provide educational instruction to persons enrolled at State schools\n\nThe Minister may establish institutions at which the State provides educational instruction to persons enrolled at State schools as an adjunct to the educational programs provided to the persons at the State schools, including, for example—\nenvironmental education centres; and\noutdoor education centres.\n- (a) environmental education centres; and\n- (b) outdoor education centres.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Power to establish other educational institutions","content":"### sec.15 Power to establish other educational institutions\n\nIf the Minister considers it necessary or convenient for the purposes of this Act, the Minister may establish educational institutions other than State instructional institutions, including, for example—\ncentres for the support and development of teachers and officers of the department; and\nstudent hostels or student residential colleges.\n- (a) centres for the support and development of teachers and officers of the department; and\n- (b) student hostels or student residential colleges.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Naming, and changing of name, of a State educational institution","content":"### sec.16 Naming, and changing of name, of a State educational institution\n\nThe Minister may name, and change the name of, a State educational institution.","sortOrder":22},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Amalgamation or closure of State schools","content":"# Amalgamation or closure of State schools","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Definition for pt 3","content":"### sec.17 Definition for pt 3\n\nIn this part—\nclosure , of a State school, does not include the following—\nthe temporary closure of the school;\nthe permanent closure of the school if the Minister is reasonably satisfied exceptional circumstances exist that justify the closure.\n- (a) the temporary closure of the school;\n- (b) the permanent closure of the school if the Minister is reasonably satisfied exceptional circumstances exist that justify the closure.","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Notice of proposed closure or amalgamation","content":"### sec.18 Notice of proposed closure or amalgamation\n\nIf the Minister proposes closing a State school or amalgamating 2 or more State schools, the Minister must publish a notice about the proposal in the gazette.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Consultation","content":"### sec.19 Consultation\n\nBefore closing a State school, there must be adequate consultation by the Minister with each of the following—\nthe school community;\nif there is a school council for the school—the school council;\nif there is an association formed for the school—the association.\nBefore amalgamating 2 or more State schools, there must be adequate consultation by the Minister with each of the following—\nthe school communities;\nif there is a school council established for any of the schools—the school council;\nif there is an association formed for any of the schools—the association.\ns 19 amd 2025 No. 24 s 16 (uncommenced amendment)\n(sec.19-ssec.1) Before closing a State school, there must be adequate consultation by the Minister with each of the following— the school community; if there is a school council for the school—the school council; if there is an association formed for the school—the association.\n(sec.19-ssec.2) Before amalgamating 2 or more State schools, there must be adequate consultation by the Minister with each of the following— the school communities; if there is a school council established for any of the schools—the school council; if there is an association formed for any of the schools—the association.\n- (a) the school community;\n- (b) if there is a school council for the school—the school council;\n- (c) if there is an association formed for the school—the association.\n- (a) the school communities;\n- (b) if there is a school council established for any of the schools—the school council;\n- (c) if there is an association formed for any of the schools—the association.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Time to elapse before closure or amalgamation","content":"### sec.20 Time to elapse before closure or amalgamation\n\nIf notice about a proposed closure of a State school or amalgamation of 2 or more State schools is published under section 18 , the closure or amalgamation must not happen earlier than 6 months after the publication.","sortOrder":27},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Bases for education provided, and testing, at State instructional institutions","content":"# Bases for education provided, and testing, at State instructional institutions","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Curriculum framework for State instructional institutions","content":"### sec.21 Curriculum framework for State instructional institutions\n\nThe Minister may decide on a curriculum framework that is to apply to a State instructional institution.\nIn this section—\ncurriculum framework means the framework under which the institution’s principal may decide the range of learning experiences to be offered to students attending the institution.\n(sec.21-ssec.1) The Minister may decide on a curriculum framework that is to apply to a State instructional institution.\n(sec.21-ssec.2) In this section— curriculum framework means the framework under which the institution’s principal may decide the range of learning experiences to be offered to students attending the institution.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 amd 2006 No. 39 s 512 (2) sch 2 ; 2006 No. 55 s 8\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 amd 2006 No. 39 s 512 (2) sch 2 ; 2006 No. 55 s 9 ; 2012 No. 11 s 43 sch pt 2\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Direction by Minister about tests","content":"### sec.24 Direction by Minister about tests\n\nThe Minister may direct the principal of a State instructional institution, providing education to students in the year of schooling to which an approved test or common national test relates, to administer the test at the institution.\nIn this section—\napproved test means a test, relating to a year of schooling, developed or revised by the QCAA under the E(QCAA) Act .\ncommon national test means a common national test stated in the regulations made under the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth) , section 19 (4) .\ns 24 amd 2014 No. 3 s 114 sch 1 pt 2\n(sec.24-ssec.1) The Minister may direct the principal of a State instructional institution, providing education to students in the year of schooling to which an approved test or common national test relates, to administer the test at the institution.\n(sec.24-ssec.2) In this section— approved test means a test, relating to a year of schooling, developed or revised by the QCAA under the E(QCAA) Act . common national test means a common national test stated in the regulations made under the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cwlth) , section 19 (4) .","sortOrder":32},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":33},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 om 2014 No. 62 s 64","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 om 2014 No. 62 s 64","sortOrder":36},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 om 2014 No. 62 s 64","sortOrder":38},{"sectionNumber":"ch.2-pt.5-div.3","sectionType":"division","heading":null,"content":"","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 om 2014 No. 62 s 64","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 om 2014 No. 62 s 64","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 om 2014 No. 62 s 64","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 om 2014 No. 62 s 64","sortOrder":43},{"sectionNumber":"ch.2-pt.5-div.4","sectionType":"division","heading":null,"content":"","sortOrder":44},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 om 2014 No. 62 s 64","sortOrder":45},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 om 2014 No. 62 s 64","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 om 2014 No. 62 s 64","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 om 2014 No. 62 s 64","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 amd 2009 No. 24 s 126 ; 2013 No. 59 s 4\nom 2014 No. 62 s 64","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 amd 2009 No. 24 s 127 ; 2013 No. 59 s 5\nom 2014 No. 62 s 64","sortOrder":50},{"sectionNumber":"ch.2-pt.5-div.5","sectionType":"division","heading":null,"content":"","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2014 No. 62 s 64","sortOrder":52},{"sectionNumber":"ch.2-pt.5-div.6","sectionType":"division","heading":null,"content":"","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 om 2014 No. 62 s 64","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 2014 No. 62 s 64","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 om 2014 No. 62 s 64","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2014 No. 62 s 64","sortOrder":57},{"sectionNumber":"ch.2-pt.5-div.7","sectionType":"division","heading":null,"content":"","sortOrder":58},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 om 2014 No. 62 s 64","sortOrder":59},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 om 2014 No. 62 s 64","sortOrder":60},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Inspection of State educational institution’s premises","content":"### sec.45 Inspection of State educational institution’s premises\n\nThe Minister may arrange for a State educational institution’s premises to be inspected at a time and in the way the Minister believes appropriate.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Investigation of complaint","content":"### sec.46 Investigation of complaint\n\nThis section applies if—\na person makes a complaint about the administration, management or operation of a State educational institution; and\nin the chief executive’s opinion, the complaint is not frivolous or vexatious.\nThe chief executive must—\ninvestigate the complaint; or\ncause the complaint to be investigated by an appropriately qualified officer of the department.\nUnder section 432 , the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.\ns 46 sub 2014 No. 62 s 29\n(sec.46-ssec.1) This section applies if— a person makes a complaint about the administration, management or operation of a State educational institution; and in the chief executive’s opinion, the complaint is not frivolous or vexatious.\n(sec.46-ssec.2) The chief executive must— investigate the complaint; or cause the complaint to be investigated by an appropriately qualified officer of the department. Under section 432 , the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.\n- (a) a person makes a complaint about the administration, management or operation of a State educational institution; and\n- (b) in the chief executive’s opinion, the complaint is not frivolous or vexatious.\n- (a) investigate the complaint; or\n- (b) cause the complaint to be investigated by an appropriately qualified officer of the department.","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"Use of State educational institution’s premises","content":"### sec.47 Use of State educational institution’s premises\n\nThe Minister may permit a person to use a State educational institution’s premises located on reserve land for any purpose, including a purpose not connected with education.\nPermission may be given under subsection (1) on reasonable conditions the Minister considers appropriate.\nIn this section—\nreserve land means land dedicated as a reserve under the Land Act 1994 , section 31 for educational purposes.\n(sec.47-ssec.1) The Minister may permit a person to use a State educational institution’s premises located on reserve land for any purpose, including a purpose not connected with education.\n(sec.47-ssec.2) Permission may be given under subsection (1) on reasonable conditions the Minister considers appropriate.\n(sec.47-ssec.3) In this section— reserve land means land dedicated as a reserve under the Land Act 1994 , section 31 for educational purposes.","sortOrder":64},{"sectionNumber":"ch.2A-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":65},{"sectionNumber":"sec.47A","sectionType":"section","heading":null,"content":"### Section sec.47A\n\ns 47A ins 2009 No. 39 s 13\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":66},{"sectionNumber":"ch.2A-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":67},{"sectionNumber":"sec.47B","sectionType":"section","heading":null,"content":"### Section sec.47B\n\ns 47B ins 2009 No. 39 s 13\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":68},{"sectionNumber":"sec.47C","sectionType":"section","heading":null,"content":"### Section sec.47C\n\ns 47C ins 2009 No. 39 s 13\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":69},{"sectionNumber":"sec.47D","sectionType":"section","heading":null,"content":"### Section sec.47D\n\ns 47D ins 2009 No. 39 s 13\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":70},{"sectionNumber":"sec.47E","sectionType":"section","heading":null,"content":"### Section sec.47E\n\ns 47E ins 2009 No. 39 s 13\namd 2011 No. 39 s 6\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":71},{"sectionNumber":"ch.2A-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":72},{"sectionNumber":"sec.47F","sectionType":"section","heading":null,"content":"### Section sec.47F\n\ns 47F ins 2009 No. 39 s 13\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":73},{"sectionNumber":"sec.47G","sectionType":"section","heading":null,"content":"### Section sec.47G\n\ns 47G ins 2009 No. 39 s 13\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":74},{"sectionNumber":"sec.47H","sectionType":"section","heading":null,"content":"### Section sec.47H\n\ns 47H ins 2009 No. 39 s 13\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":75},{"sectionNumber":"sec.47I","sectionType":"section","heading":null,"content":"### Section sec.47I\n\ns 47I ins 2009 No. 39 s 13\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":76},{"sectionNumber":"sec.47J","sectionType":"section","heading":null,"content":"### Section sec.47J\n\ns 47J ins 2009 No. 39 s 13\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":77},{"sectionNumber":"ch.2A-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":78},{"sectionNumber":"sec.47K","sectionType":"section","heading":null,"content":"### Section sec.47K\n\ns 47K ins 2009 No. 39 s 13\nom 2014 No. 3 s 114 sch 1 pt 2","sortOrder":79},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":80},{"sectionNumber":"sec.57","sectionType":"section","heading":"Definition for ch 4","content":"### sec.57 Definition for ch 4\n\nIn this chapter—\nstudent includes a person who is not enrolled at a State school.","sortOrder":81},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of chapter to student under 16 years","content":"### sec.58 Application of chapter to student under 16 years\n\nA student who is under 16 years at the time of starting a semester in a school year at a State school, but who does not have any remaining allocation, may attend the State school for all of the semester without making an application under part 3 or 5 .","sortOrder":82},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 amd 2006 No. 39 s 512 (3) sch 3\nom 2013 No. 37 s 11","sortOrder":83},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Basic allocation, initial allocation and remaining allocation","content":"# Basic allocation, initial allocation and remaining allocation","sortOrder":84},{"sectionNumber":"sec.60","sectionType":"section","heading":"Basic allocation","content":"### sec.60 Basic allocation\n\nIf a student begins schooling in the preparatory year at a State school, the student has the basic allocation determined from the start of the calendar year in which the student begins schooling.\ns 60 amd 2006 No. 39 s 512 (3) sch 3\nsub 2013 No. 37 s 12","sortOrder":85},{"sectionNumber":"sec.61","sectionType":"section","heading":"Initial remaining allocation","content":"### sec.61 Initial remaining allocation\n\nThis section applies to a student mentioned in section 11 (4) .\nIf an application is made under section 155 to enrol the student at a State school, the State school’s principal must decide the student’s initial remaining allocation.\nIf the student has been the subject of an exemption under chapter 9 , part 3 and did not undertake an educational program for all or part of the period of the exemption (the excused period ), the excused period must not be included in calculating the student’s initial remaining allocation.\ns 61 amd 2006 No. 39 s 512 (3) sch 3\nsub 2013 No. 37 s 12\n(sec.61-ssec.1) This section applies to a student mentioned in section 11 (4) .\n(sec.61-ssec.2) If an application is made under section 155 to enrol the student at a State school, the State school’s principal must decide the student’s initial remaining allocation.\n(sec.61-ssec.3) If the student has been the subject of an exemption under chapter 9 , part 3 and did not undertake an educational program for all or part of the period of the exemption (the excused period ), the excused period must not be included in calculating the student’s initial remaining allocation.","sortOrder":86},{"sectionNumber":"sec.62","sectionType":"section","heading":"Principal must consider initial remaining allocation for certain students","content":"### sec.62 Principal must consider initial remaining allocation for certain students\n\nThis section applies to a decision, under section 61 , by a State school’s principal.\nThe principal’s decision about a student’s initial remaining allocation must be made in the way the principal considers appropriate after considering all relevant matters, including, for example—\nthe age, ability, aptitude and development of the student; and\nthe need to take account and promote continuity of the student’s initial learning experiences; and\nwhether the enrolment is compulsory or non-compulsory; and\nif the student’s initial enrolment is non-compulsory—the student’s initial commitment to complete a course of study.\nThe principal must make the decision within a reasonable time after the application was made to enrol the student at the school.\nAfter making the decision, the principal must—\nimmediately advise the student of the decision; and\nwithin 7 days after advising the student of the decision, give the student an information notice about the decision.\ns 62 amd 2013 No. 37 s 19 sch 1 ; 2014 No. 62 s 31\n(sec.62-ssec.1) This section applies to a decision, under section 61 , by a State school’s principal.\n(sec.62-ssec.2) The principal’s decision about a student’s initial remaining allocation must be made in the way the principal considers appropriate after considering all relevant matters, including, for example— the age, ability, aptitude and development of the student; and the need to take account and promote continuity of the student’s initial learning experiences; and whether the enrolment is compulsory or non-compulsory; and if the student’s initial enrolment is non-compulsory—the student’s initial commitment to complete a course of study.\n(sec.62-ssec.3) The principal must make the decision within a reasonable time after the application was made to enrol the student at the school.\n(sec.62-ssec.4) After making the decision, the principal must— immediately advise the student of the decision; and within 7 days after advising the student of the decision, give the student an information notice about the decision.\n- (a) the age, ability, aptitude and development of the student; and\n- (b) the need to take account and promote continuity of the student’s initial learning experiences; and\n- (c) whether the enrolment is compulsory or non-compulsory; and\n- (d) if the student’s initial enrolment is non-compulsory—the student’s initial commitment to complete a course of study.\n- (a) immediately advise the student of the decision; and\n- (b) within 7 days after advising the student of the decision, give the student an information notice about the decision.","sortOrder":87},{"sectionNumber":"sec.63","sectionType":"section","heading":"Notice to certain students about remaining allocation","content":"### sec.63 Notice to certain students about remaining allocation\n\nThis section applies to a student—\nwho is enrolled in semester 2 in a year at a State school; and\nwhose remaining allocation will be not more than 4 semesters at the end of the year.\nBy the end of the year, the principal of the State school must give notice to the student about the student’s remaining allocation after the end of semester 2 of the year.\nThe notice may be included with another report or document given to the student.\n(sec.63-ssec.1) This section applies to a student— who is enrolled in semester 2 in a year at a State school; and whose remaining allocation will be not more than 4 semesters at the end of the year.\n(sec.63-ssec.2) By the end of the year, the principal of the State school must give notice to the student about the student’s remaining allocation after the end of semester 2 of the year.\n(sec.63-ssec.3) The notice may be included with another report or document given to the student.\n- (a) who is enrolled in semester 2 in a year at a State school; and\n- (b) whose remaining allocation will be not more than 4 semesters at the end of the year.","sortOrder":88},{"sectionNumber":"sec.64","sectionType":"section","heading":"Information to be given to repeating student","content":"### sec.64 Information to be given to repeating student\n\nThis section applies to a student who has been approved by a State school’s principal to repeat, at the school, a year of schooling for which the student has already been enrolled at the school.\nThe principal must, as soon as practicable after the approval, give the student written information about the allocation of State education under this chapter.\n(sec.64-ssec.1) This section applies to a student who has been approved by a State school’s principal to repeat, at the school, a year of schooling for which the student has already been enrolled at the school.\n(sec.64-ssec.2) The principal must, as soon as practicable after the approval, give the student written information about the allocation of State education under this chapter.","sortOrder":89},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Extra semesters may be granted by principals","content":"# Extra semesters may be granted by principals","sortOrder":90},{"sectionNumber":"sec.65","sectionType":"section","heading":"Application for extra semesters if no remaining allocation","content":"### sec.65 Application for extra semesters if no remaining allocation\n\nThis section applies to a student who does not have any remaining allocation.\nThe student may apply, in the approved form, to a State school’s principal for the granting, in a school year, of not more than 2 extra semesters of State education at the State school.\nThe application must be given to the principal—\nmore than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or\nif the principal allows a later time for giving the application—before the later time.\n(sec.65-ssec.1) This section applies to a student who does not have any remaining allocation.\n(sec.65-ssec.2) The student may apply, in the approved form, to a State school’s principal for the granting, in a school year, of not more than 2 extra semesters of State education at the State school.\n(sec.65-ssec.3) The application must be given to the principal— more than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or if the principal allows a later time for giving the application—before the later time.\n- (a) more than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or\n- (b) if the principal allows a later time for giving the application—before the later time.","sortOrder":91},{"sectionNumber":"sec.66","sectionType":"section","heading":"Principal must consider and decide application for extra semesters","content":"### sec.66 Principal must consider and decide application for extra semesters\n\nThe principal must consider the application and decide it in the way the principal considers appropriate after considering all relevant matters, including, for example—\nwhether the student is of compulsory school age; and\nthe likely educational outcome of the student attending the school for the extra semester or semesters; and\nthe likely impact on the resources of the State school of the student attending the State school for the extra semester or semesters.\nHowever, the principal must make the decision within a reasonable time after the making of the application, allowing for the need to collect and analyse the results of any assessment of the student undertaken during the semester immediately before the semester, or the earlier of the semesters, to which the application relates.\nAfter making the decision, the principal must—\nimmediately advise the student of the decision; and\nwithin 7 days after advising the student of the decision, give the student an information notice about the decision.\ns 66 amd 2014 No. 62 s 32\n(sec.66-ssec.1) The principal must consider the application and decide it in the way the principal considers appropriate after considering all relevant matters, including, for example— whether the student is of compulsory school age; and the likely educational outcome of the student attending the school for the extra semester or semesters; and the likely impact on the resources of the State school of the student attending the State school for the extra semester or semesters.\n(sec.66-ssec.2) However, the principal must make the decision within a reasonable time after the making of the application, allowing for the need to collect and analyse the results of any assessment of the student undertaken during the semester immediately before the semester, or the earlier of the semesters, to which the application relates.\n(sec.66-ssec.3) After making the decision, the principal must— immediately advise the student of the decision; and within 7 days after advising the student of the decision, give the student an information notice about the decision.\n- (a) whether the student is of compulsory school age; and\n- (b) the likely educational outcome of the student attending the school for the extra semester or semesters; and\n- (c) the likely impact on the resources of the State school of the student attending the State school for the extra semester or semesters.\n- (a) immediately advise the student of the decision; and\n- (b) within 7 days after advising the student of the decision, give the student an information notice about the decision.","sortOrder":92},{"sectionNumber":"sec.67","sectionType":"section","heading":"Limitation on extra semesters granted by principals","content":"### sec.67 Limitation on extra semesters granted by principals\n\nNo more than 2 extra semesters may be granted to a student under this part.","sortOrder":93},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":94},{"sectionNumber":"sec.68","sectionType":"section","heading":null,"content":"### Section sec.68\n\ns 68 amd 2013 No. 37 s 19 sch 1\nom 2014 No. 62 s 33","sortOrder":95},{"sectionNumber":"sec.69","sectionType":"section","heading":null,"content":"### Section sec.69\n\ns 69 amd 2009 No. 24 s 128\nom 2014 No. 62 s 33","sortOrder":96},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Further semesters may be granted by chief executive","content":"# Further semesters may be granted by chief executive","sortOrder":97},{"sectionNumber":"sec.70","sectionType":"section","heading":"Definition for pt 5","content":"### sec.70 Definition for pt 5\n\nIn this part—\nstated State school see section 71 (2) .","sortOrder":98},{"sectionNumber":"sec.71","sectionType":"section","heading":"Application for further semesters if no remaining allocation and after extra semesters","content":"### sec.71 Application for further semesters if no remaining allocation and after extra semesters\n\nThis section applies to a student who does not have any remaining allocation and who has been granted 2 extra semesters under part 3 .\nThe student may apply, in the approved form, to the chief executive for the granting of not more than 2 further semesters of State education at a State school stated in the application (the stated State school ).\nThe application must be made to the chief executive—\nmore than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or\nif the chief executive allows a later time for making the application—before the later time.\n(sec.71-ssec.1) This section applies to a student who does not have any remaining allocation and who has been granted 2 extra semesters under part 3 .\n(sec.71-ssec.2) The student may apply, in the approved form, to the chief executive for the granting of not more than 2 further semesters of State education at a State school stated in the application (the stated State school ).\n(sec.71-ssec.3) The application must be made to the chief executive— more than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or if the chief executive allows a later time for making the application—before the later time.\n- (a) more than 12 weeks before the start of the semester, or the first of the semesters, to which the application relates; or\n- (b) if the chief executive allows a later time for making the application—before the later time.","sortOrder":99},{"sectionNumber":"sec.72","sectionType":"section","heading":"Chief executive must consider and decide application for further semesters","content":"### sec.72 Chief executive must consider and decide application for further semesters\n\nThe chief executive must consider the application and decide the application in the way the chief executive considers appropriate after considering all relevant matters, including, for example—\nwhether the student is of compulsory school age; and\nthe likely educational outcome of the student attending the stated State school for the further semester or semesters; and\nthe likely impact on the resources of the stated State school of the student attending the stated State school for the further semester or semesters.\nHowever, the chief executive must make the decision within a reasonable time after the making of the application, allowing for the need to collect and analyse the results of any assessment of the student undertaken during the semester immediately before the semester, or the earlier of the semesters, to which the application relates.\nAfter the chief executive decides the application, the chief executive must—\nimmediately advise the student of the decision; and\nwithin 7 days after advising the student of the decision—\nif the student has not previously been granted 2 further semesters under this part—give the student an information notice about the decision; or\nif the student has previously been granted 2 further semesters under this part—give the student a notice complying with the QCAT Act , section 157 (2) .\nSee chapter 15 , part 4 for review of the decision by QCAT.\ns 72 amd 2009 No. 24 s 129 ; 2014 No. 62 s 34\n(sec.72-ssec.1) The chief executive must consider the application and decide the application in the way the chief executive considers appropriate after considering all relevant matters, including, for example— whether the student is of compulsory school age; and the likely educational outcome of the student attending the stated State school for the further semester or semesters; and the likely impact on the resources of the stated State school of the student attending the stated State school for the further semester or semesters.\n(sec.72-ssec.2) However, the chief executive must make the decision within a reasonable time after the making of the application, allowing for the need to collect and analyse the results of any assessment of the student undertaken during the semester immediately before the semester, or the earlier of the semesters, to which the application relates.\n(sec.72-ssec.3) After the chief executive decides the application, the chief executive must— immediately advise the student of the decision; and within 7 days after advising the student of the decision— if the student has not previously been granted 2 further semesters under this part—give the student an information notice about the decision; or if the student has previously been granted 2 further semesters under this part—give the student a notice complying with the QCAT Act , section 157 (2) . See chapter 15 , part 4 for review of the decision by QCAT.\n- (a) whether the student is of compulsory school age; and\n- (b) the likely educational outcome of the student attending the stated State school for the further semester or semesters; and\n- (c) the likely impact on the resources of the stated State school of the student attending the stated State school for the further semester or semesters.\n- (a) immediately advise the student of the decision; and\n- (b) within 7 days after advising the student of the decision— (i) if the student has not previously been granted 2 further semesters under this part—give the student an information notice about the decision; or (ii) if the student has previously been granted 2 further semesters under this part—give the student a notice complying with the QCAT Act , section 157 (2) .\n- (i) if the student has not previously been granted 2 further semesters under this part—give the student an information notice about the decision; or\n- (ii) if the student has previously been granted 2 further semesters under this part—give the student a notice complying with the QCAT Act , section 157 (2) .\n- (i) if the student has not previously been granted 2 further semesters under this part—give the student an information notice about the decision; or\n- (ii) if the student has previously been granted 2 further semesters under this part—give the student a notice complying with the QCAT Act , section 157 (2) .","sortOrder":100},{"sectionNumber":"sec.73","sectionType":"section","heading":"Chief executive to give notice to principal if further semesters granted","content":"### sec.73 Chief executive to give notice to principal if further semesters granted\n\nIf the chief executive decides to grant the application, the chief executive must give notice of the decision to the stated State school’s principal.\nThe notice must state—\nthe student’s name; and\nthe student’s educational level; and\nthe period of the extension; and\nany other information the chief executive is reasonably satisfied the principal should be aware of in relation to the decision.\n(sec.73-ssec.1) If the chief executive decides to grant the application, the chief executive must give notice of the decision to the stated State school’s principal.\n(sec.73-ssec.2) The notice must state— the student’s name; and the student’s educational level; and the period of the extension; and any other information the chief executive is reasonably satisfied the principal should be aware of in relation to the decision.\n- (a) the student’s name; and\n- (b) the student’s educational level; and\n- (c) the period of the extension; and\n- (d) any other information the chief executive is reasonably satisfied the principal should be aware of in relation to the decision.","sortOrder":101},{"sectionNumber":"sec.74","sectionType":"section","heading":"Limitation on further semesters granted by chief executive","content":"### sec.74 Limitation on further semesters granted by chief executive\n\nNo more than 4 further semesters may be granted to a student under this part.","sortOrder":102},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Copy of notice to be given to parent","content":"# Copy of notice to be given to parent","sortOrder":103},{"sectionNumber":"sec.75","sectionType":"section","heading":"Copy of notice under this chapter to be given to parent","content":"### sec.75 Copy of notice under this chapter to be given to parent\n\nIf a person is required, under this chapter, to give a notice to a student and the student is a child, the person must as soon as practicable give a copy of the notice to a parent of the child.\nFor giving the copy to a parent, the person may rely on the relevant State school’s records about the child’s parents and their current residential address.\nSubsection (1) does not apply if the person is satisfied it would be inappropriate in the circumstances to give the copy to the parent.\nIt may be inappropriate to give the parent a copy of the notice if the student is living independently of his or her parents.\nIn this section—\nparent , of a child, includes a person standing in the place of a parent of the child on a temporary basis.\n(sec.75-ssec.1) If a person is required, under this chapter, to give a notice to a student and the student is a child, the person must as soon as practicable give a copy of the notice to a parent of the child.\n(sec.75-ssec.2) For giving the copy to a parent, the person may rely on the relevant State school’s records about the child’s parents and their current residential address.\n(sec.75-ssec.3) Subsection (1) does not apply if the person is satisfied it would be inappropriate in the circumstances to give the copy to the parent. It may be inappropriate to give the parent a copy of the notice if the student is living independently of his or her parents.\n(sec.75-ssec.4) In this section— parent , of a child, includes a person standing in the place of a parent of the child on a temporary basis.","sortOrder":104},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":105},{"sectionNumber":"sec.77","sectionType":"section","heading":"Definitions for ch 6","content":"### sec.77 Definitions for ch 6\n\nIn this chapter—\nalternative association member see section 88 (1) .\ns 77 def alternative association member amd 2025 No. 24 s 17 (1) (uncommenced amendment)\nappointed member , of a school council, means a member of the council appointed, under the council’s constitution, by the council.\nchairperson , of a school council, means a person elected as chairperson of the council under section 89 .\ncoopted student member , of a school council established for a State school that does not offer secondary education, means a year 6 student of the school who is coopted as a member of the council under the council’s constitution.\ns 77 def coopted student member amd 2013 No. 37 s 13\nelected member , of a school council, means a person who is an elected member of the council under section 86 .\nelected parent member , of a school council, means a parent of a child attending the school for which the council is established who is elected—\nif there is an association formed for the school and the association’s constitution provides for the election of parent members to the school’s council—under the association’s constitution; or\notherwise—by a secret ballot under the council’s constitution.\ns 77 def elected parent member amd 2025 No. 24 s 17 (2) (uncommenced amendment)\nelected staff member , of a school council, means a member of the staff of the school for which the council is established who is elected by a secret ballot, held under the council’s constitution, of all the persons who are—\nemployed by the department and assigned to the school; or\notherwise employed full-time or part-time at the school.\nelected student member , of a school council established for a State school offering secondary education for year 10, 11 or 12, means a student in year 10, 11 or 12 at the school who is elected by a poll, held under the council’s constitution, in which only those students at the school in year 10, 11 or 12 may vote.\nofficial member , of a school council, means a person who is an official member of the council under section 85 .\n- (a) if there is an association formed for the school and the association’s constitution provides for the election of parent members to the school’s council—under the association’s constitution; or\n- (b) otherwise—by a secret ballot under the council’s constitution.\n- (a) employed by the department and assigned to the school; or\n- (b) otherwise employed full-time or part-time at the school.","sortOrder":106},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Object of chapter","content":"# Object of chapter","sortOrder":107},{"sectionNumber":"sec.78","sectionType":"section","heading":"Object","content":"### sec.78 Object\n\nThe object of this chapter is to improve student learning outcomes by providing for the establishment and operation of school councils.\nA school council has particular functions for guiding the broad strategic direction of the State school for which it is established.\n(sec.78-ssec.1) The object of this chapter is to improve student learning outcomes by providing for the establishment and operation of school councils.\n(sec.78-ssec.2) A school council has particular functions for guiding the broad strategic direction of the State school for which it is established.","sortOrder":108},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Establishment, name, functions and other matters","content":"# Establishment, name, functions and other matters","sortOrder":109},{"sectionNumber":"sec.79","sectionType":"section","heading":"Establishment","content":"### sec.79 Establishment\n\nSubject to section 109 (6) and (7) , the chief executive may, by notice in the gazette, establish a school council for a State school.\nA school council established under subsection (1) may have functions only about the school for which the council is established.\ns 79 amd 2025 No. 24 s 40 sch 1 pt 2 (uncommenced amendment)\n(sec.79-ssec.1) Subject to section 109 (6) and (7) , the chief executive may, by notice in the gazette, establish a school council for a State school.\n(sec.79-ssec.2) A school council established under subsection (1) may have functions only about the school for which the council is established.","sortOrder":110},{"sectionNumber":"sec.80","sectionType":"section","heading":"Name","content":"### sec.80 Name\n\nThe school council established for a State school is named as follows—\nif the name of the school ends with ‘school’—the council is called ‘. . . ( insert name of school) Council’;\notherwise—the council is called ‘. . . ( insert name of school) School Council’.\n- (a) if the name of the school ends with ‘school’—the council is called ‘. . . ( insert name of school) Council’;\n- (b) otherwise—the council is called ‘. . . ( insert name of school) School Council’.","sortOrder":111},{"sectionNumber":"sec.81","sectionType":"section","heading":"Functions","content":"### sec.81 Functions\n\nA school council for a State school has the following functions—\nmonitoring the school’s strategic direction;\napproving—\nplans and policies of the school of a strategic nature; or\nother documents affecting strategic matters, including the annual estimate of revenue and expenditure for the school;\nmonitoring the implementation of the plans, policies and other documents mentioned in paragraph (b) ;\nadvising the school’s principal about strategic matters.\nThe council must perform its functions in a way that achieves the best learning outcomes for the school’s students.\nDespite subsections (1) and (2) , a school council may not—\ninterfere with the management by the school’s principal of the day-to-day operations of the school and its curriculum; or\nmake operational decisions about the use of teaching or learning resources at the school; or\nmake decisions about the individual teaching style used, or to be used, at the school; or\nmake a decision that is contrary to law or a written policy of the department.\n(sec.81-ssec.1) A school council for a State school has the following functions— monitoring the school’s strategic direction; approving— plans and policies of the school of a strategic nature; or other documents affecting strategic matters, including the annual estimate of revenue and expenditure for the school; monitoring the implementation of the plans, policies and other documents mentioned in paragraph (b) ; advising the school’s principal about strategic matters.\n(sec.81-ssec.2) The council must perform its functions in a way that achieves the best learning outcomes for the school’s students.\n(sec.81-ssec.3) Despite subsections (1) and (2) , a school council may not— interfere with the management by the school’s principal of the day-to-day operations of the school and its curriculum; or make operational decisions about the use of teaching or learning resources at the school; or make decisions about the individual teaching style used, or to be used, at the school; or make a decision that is contrary to law or a written policy of the department.\n- (a) monitoring the school’s strategic direction;\n- (b) approving— (i) plans and policies of the school of a strategic nature; or (ii) other documents affecting strategic matters, including the annual estimate of revenue and expenditure for the school;\n- (i) plans and policies of the school of a strategic nature; or\n- (ii) other documents affecting strategic matters, including the annual estimate of revenue and expenditure for the school;\n- (c) monitoring the implementation of the plans, policies and other documents mentioned in paragraph (b) ;\n- (d) advising the school’s principal about strategic matters.\n- (i) plans and policies of the school of a strategic nature; or\n- (ii) other documents affecting strategic matters, including the annual estimate of revenue and expenditure for the school;\n- (a) interfere with the management by the school’s principal of the day-to-day operations of the school and its curriculum; or\n- (b) make operational decisions about the use of teaching or learning resources at the school; or\n- (c) make decisions about the individual teaching style used, or to be used, at the school; or\n- (d) make a decision that is contrary to law or a written policy of the department.","sortOrder":112},{"sectionNumber":"sec.82","sectionType":"section","heading":"School councils do not have certain powers","content":"### sec.82 School councils do not have certain powers\n\nA school council may not—\nhave control of funds; or\nenter into contracts; or\nacquire, hold, dispose of or deal with property; or\nsue or be sued.\n- (a) have control of funds; or\n- (b) enter into contracts; or\n- (c) acquire, hold, dispose of or deal with property; or\n- (d) sue or be sued.","sortOrder":113},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Membership","content":"# Membership","sortOrder":114},{"sectionNumber":"sec.83","sectionType":"section","heading":"Membership of a school council","content":"### sec.83 Membership of a school council\n\nA school council consists of official members, elected members and appointed members.\nAlso, if the State school for which the council is established does not offer secondary education, a school council may also include a coopted student member.\n(sec.83-ssec.1) A school council consists of official members, elected members and appointed members.\n(sec.83-ssec.2) Also, if the State school for which the council is established does not offer secondary education, a school council may also include a coopted student member.","sortOrder":115},{"sectionNumber":"sec.84","sectionType":"section","heading":"Number","content":"### sec.84 Number\n\nThe number of members of a school council must be at least 6 and not more than 15.\nA school council must include at least—\n1 elected parent member; and\n1 elected staff member.\nThe number of elected parent members and elected staff members of a school council must be equal.\nA school council must include not more than 2 elected student members and 2 appointed members.\nIf the State school for which a school council is established provides secondary education for year 10, 11 or 12, the council must include at least 1 elected student member.\n(sec.84-ssec.1) The number of members of a school council must be at least 6 and not more than 15.\n(sec.84-ssec.2) A school council must include at least— 1 elected parent member; and 1 elected staff member.\n(sec.84-ssec.3) The number of elected parent members and elected staff members of a school council must be equal.\n(sec.84-ssec.4) A school council must include not more than 2 elected student members and 2 appointed members.\n(sec.84-ssec.5) If the State school for which a school council is established provides secondary education for year 10, 11 or 12, the council must include at least 1 elected student member.\n- (a) 1 elected parent member; and\n- (b) 1 elected staff member.","sortOrder":116},{"sectionNumber":"sec.85","sectionType":"section","heading":"Official members","content":"### sec.85 Official members\n\nThe official members of a school council for a State school are—\nthe school’s principal; and\nif there is an association formed for the school—the association’s president.\nAn official member of a school council is not eligible to be an elected member, or appointed member, of the council.\ns 85 amd 2025 No. 24 s 18 (uncommenced amendment)\n(sec.85-ssec.1) The official members of a school council for a State school are— the school’s principal; and if there is an association formed for the school—the association’s president.\n(sec.85-ssec.2) An official member of a school council is not eligible to be an elected member, or appointed member, of the council.\n- (a) the school’s principal; and\n- (b) if there is an association formed for the school—the association’s president.","sortOrder":117},{"sectionNumber":"sec.86","sectionType":"section","heading":"Elected members","content":"### sec.86 Elected members\n\nThe elected members of a school council are—\nthe elected parent members; and\nthe elected staff members; and\nif the school for which the council is established offers secondary education for year 10, 11 or 12—the elected student members.\nA poll for the election of an elected student member of a school council may take place at the same time as, or be combined with, other elections at the State school for which the council is established involving students, including, for example, the election of the school’s captain and vice-captain.\nSubsection (4) applies if, at the time of closure of nominations for the elected members of a school council, the number of nominations is less than the number of elected members required to be elected.\nThe person who, under the council’s constitution, is responsible for conducting the election for the elected members must declare the persons who are properly nominated under the constitution to have been elected.\n(sec.86-ssec.1) The elected members of a school council are— the elected parent members; and the elected staff members; and if the school for which the council is established offers secondary education for year 10, 11 or 12—the elected student members.\n(sec.86-ssec.2) A poll for the election of an elected student member of a school council may take place at the same time as, or be combined with, other elections at the State school for which the council is established involving students, including, for example, the election of the school’s captain and vice-captain.\n(sec.86-ssec.3) Subsection (4) applies if, at the time of closure of nominations for the elected members of a school council, the number of nominations is less than the number of elected members required to be elected.\n(sec.86-ssec.4) The person who, under the council’s constitution, is responsible for conducting the election for the elected members must declare the persons who are properly nominated under the constitution to have been elected.\n- (a) the elected parent members; and\n- (b) the elected staff members; and\n- (c) if the school for which the council is established offers secondary education for year 10, 11 or 12—the elected student members.","sortOrder":118},{"sectionNumber":"sec.87","sectionType":"section","heading":"Coopted student member","content":"### sec.87 Coopted student member\n\nA coopted student member of a school council—\ndoes not have the power to vote on a matter before the council despite section 101 (1) , (2) and (3) ; and\nmay not be elected as the council’s chairperson under section 89 or be chosen to preside at a council meeting under section 100 (2) .\n- (a) does not have the power to vote on a matter before the council despite section 101 (1) , (2) and (3) ; and\n- (b) may not be elected as the council’s chairperson under section 89 or be chosen to preside at a council meeting under section 100 (2) .","sortOrder":119},{"sectionNumber":"sec.88","sectionType":"section","heading":"Alternative association member","content":"### sec.88 Alternative association member\n\nThe president of an association formed for a State school may, under the association’s constitution, appoint another association member (the alternative association member ) to attend meetings of a school council for the school in the place of the president when the president can not attend the meetings.\nWhen attending a meeting of the council under subsection (1) , the alternative association member has the same rights and duties as the president.\nAn elected member, or appointed member, of the council is ineligible for appointment by the president as the alternative association member.\ns 88 amd 2025 No. 24 s 19 (uncommenced amendment)\n(sec.88-ssec.1) The president of an association formed for a State school may, under the association’s constitution, appoint another association member (the alternative association member ) to attend meetings of a school council for the school in the place of the president when the president can not attend the meetings.\n(sec.88-ssec.2) When attending a meeting of the council under subsection (1) , the alternative association member has the same rights and duties as the president.\n(sec.88-ssec.3) An elected member, or appointed member, of the council is ineligible for appointment by the president as the alternative association member.","sortOrder":120},{"sectionNumber":"sec.89","sectionType":"section","heading":"Chairperson","content":"### sec.89 Chairperson\n\nA school council for a State school must elect one of the council’s members as chairperson of the council.\nThe school’s principal may not be elected as chairperson of the council.\nA school council’s chairperson holds office for the term decided by the council (the chairperson’s term ), unless the person’s term of office as a member of the council ends sooner than the chairperson’s term.\nSubsection (5) applies if—\nan association has been formed for the school for which a school council is established; and\nthe president of the association is the chairperson of the council; and\nan alternative association member is attending a meeting of the council in place of the president.\nDespite section 88 (2) , the alternative association member may not preside at the meeting, unless the alternative association member is chosen to preside under section 100 (2) .\ns 89 amd 2025 No. 24 s 20 (uncommenced amendment)\n(sec.89-ssec.1) A school council for a State school must elect one of the council’s members as chairperson of the council.\n(sec.89-ssec.2) The school’s principal may not be elected as chairperson of the council.\n(sec.89-ssec.3) A school council’s chairperson holds office for the term decided by the council (the chairperson’s term ), unless the person’s term of office as a member of the council ends sooner than the chairperson’s term.\n(sec.89-ssec.4) Subsection (5) applies if— an association has been formed for the school for which a school council is established; and the president of the association is the chairperson of the council; and an alternative association member is attending a meeting of the council in place of the president.\n(sec.89-ssec.5) Despite section 88 (2) , the alternative association member may not preside at the meeting, unless the alternative association member is chosen to preside under section 100 (2) .\n- (a) an association has been formed for the school for which a school council is established; and\n- (b) the president of the association is the chairperson of the council; and\n- (c) an alternative association member is attending a meeting of the council in place of the president.","sortOrder":121},{"sectionNumber":"sec.90","sectionType":"section","heading":"Term of office for elected member or appointed member","content":"### sec.90 Term of office for elected member or appointed member\n\nEach elected member, or appointed member, of a school council holds office for the term, not longer than 2 years, stated in the council’s constitution.\nHowever, subject to section 84 , the council’s constitution may provide for up to the following number of the council’s first elected members to hold office for a term of not longer than 3 years—\nif the number of the first elected members is an even number—one-half of the number of the first elected members;\nif the number of the first elected members is an odd number—the whole number next higher than one-half of the number of the first elected members.\ns 90 amd 2013 No. 37 s 19 sch 1\n(sec.90-ssec.1) Each elected member, or appointed member, of a school council holds office for the term, not longer than 2 years, stated in the council’s constitution.\n(sec.90-ssec.2) However, subject to section 84 , the council’s constitution may provide for up to the following number of the council’s first elected members to hold office for a term of not longer than 3 years— if the number of the first elected members is an even number—one-half of the number of the first elected members; if the number of the first elected members is an odd number—the whole number next higher than one-half of the number of the first elected members.\n- (a) if the number of the first elected members is an even number—one-half of the number of the first elected members;\n- (b) if the number of the first elected members is an odd number—the whole number next higher than one-half of the number of the first elected members.","sortOrder":122},{"sectionNumber":"sec.91","sectionType":"section","heading":"Casual vacancy in office of elected member or appointed member","content":"### sec.91 Casual vacancy in office of elected member or appointed member\n\nIf a vacancy occurs in the office of an elected member, or appointed member, of a school council (the vacating member ) during the currency of the member’s term of office, another person (the new member ) must be elected or appointed under this part to fill the vacancy.\nThe new member holds office for the remainder of the vacating member’s term of office or until the new member sooner vacates the office.\nIf a vacancy occurs in the office of an elected member, the new member must be of the same type of elected member, under section 86 , as the vacating member.\n(sec.91-ssec.1) If a vacancy occurs in the office of an elected member, or appointed member, of a school council (the vacating member ) during the currency of the member’s term of office, another person (the new member ) must be elected or appointed under this part to fill the vacancy.\n(sec.91-ssec.2) The new member holds office for the remainder of the vacating member’s term of office or until the new member sooner vacates the office.\n(sec.91-ssec.3) If a vacancy occurs in the office of an elected member, the new member must be of the same type of elected member, under section 86 , as the vacating member.","sortOrder":123},{"sectionNumber":"sec.92","sectionType":"section","heading":"Vacation of office","content":"### sec.92 Vacation of office\n\nThe office of an elected member, or appointed member, of a school council for a State school becomes vacant if the member—\ndies; or\nresigns the member’s office by signed notice of resignation—\nfor the council’s chairperson—given to the school principal’s supervisor; or\nfor another council member—given to the council’s chairperson; or\nis absent from 3 consecutive meetings of the council, of which the member has been given notice under the council’s constitution, without the council’s leave and without reasonable excuse; or\nstops being eligible, under this Act or the council’s constitution, for election or appointment to the office.\nA notice of resignation mentioned in subsection (1) (b) takes effect when the notice is given under that paragraph or, if a later time is stated in the notice, the later time.\nIf the office of an elected member, or appointed member, of a school council is vacant and, because of the vacancy, the membership does not comply with section 84 , the council is taken to be validly constituted until the earlier of the following happens—\nthe day the vacancy is filled;\nthe expiry of 3 months after the day the vacancy arose.\nIn this section—\nmeeting , of the council, means—\nif the relevant member does not attend—a meeting of the council with a quorum for the council present; or\nif the relevant member attends—a meeting of the council with or without a quorum for the council present.\n(sec.92-ssec.1) The office of an elected member, or appointed member, of a school council for a State school becomes vacant if the member— dies; or resigns the member’s office by signed notice of resignation— for the council’s chairperson—given to the school principal’s supervisor; or for another council member—given to the council’s chairperson; or is absent from 3 consecutive meetings of the council, of which the member has been given notice under the council’s constitution, without the council’s leave and without reasonable excuse; or stops being eligible, under this Act or the council’s constitution, for election or appointment to the office.\n(sec.92-ssec.2) A notice of resignation mentioned in subsection (1) (b) takes effect when the notice is given under that paragraph or, if a later time is stated in the notice, the later time.\n(sec.92-ssec.3) If the office of an elected member, or appointed member, of a school council is vacant and, because of the vacancy, the membership does not comply with section 84 , the council is taken to be validly constituted until the earlier of the following happens— the day the vacancy is filled; the expiry of 3 months after the day the vacancy arose.\n(sec.92-ssec.4) In this section— meeting , of the council, means— if the relevant member does not attend—a meeting of the council with a quorum for the council present; or if the relevant member attends—a meeting of the council with or without a quorum for the council present.\n- (a) dies; or\n- (b) resigns the member’s office by signed notice of resignation— (i) for the council’s chairperson—given to the school principal’s supervisor; or (ii) for another council member—given to the council’s chairperson; or\n- (i) for the council’s chairperson—given to the school principal’s supervisor; or\n- (ii) for another council member—given to the council’s chairperson; or\n- (c) is absent from 3 consecutive meetings of the council, of which the member has been given notice under the council’s constitution, without the council’s leave and without reasonable excuse; or\n- (d) stops being eligible, under this Act or the council’s constitution, for election or appointment to the office.\n- (i) for the council’s chairperson—given to the school principal’s supervisor; or\n- (ii) for another council member—given to the council’s chairperson; or\n- (a) the day the vacancy is filled;\n- (b) the expiry of 3 months after the day the vacancy arose.\n- (a) if the relevant member does not attend—a meeting of the council with a quorum for the council present; or\n- (b) if the relevant member attends—a meeting of the council with or without a quorum for the council present.","sortOrder":124},{"sectionNumber":"sec.93","sectionType":"section","heading":"Disqualification from membership","content":"### sec.93 Disqualification from membership\n\nA person can not become, or continue as, an elected parent member, elected staff member, or appointed member, of a school council if the person has been convicted of an indictable offence, unless the Minister gives an approval under this section.\nIf the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted, the Minister may—\nif the person was a member when convicted—give notice to the council’s chairperson and the person that the person is restored as a member, and may be later re-elected or reappointed, despite the conviction; or\notherwise—give written approval for the person to be elected or appointed as a council member despite the conviction.\nOn the day the council’s chairperson receives a notice under subsection (2) (a) —\nthe person is restored as a council member; and\nif another person has been elected or appointed to fill the vacancy—the other person’s appointment ends.\nIf a person is restored as a council member under subsection (3) , the person’s term of office as a council member ends when it would have ended if the person had not been convicted of the offence.\n(sec.93-ssec.1) A person can not become, or continue as, an elected parent member, elected staff member, or appointed member, of a school council if the person has been convicted of an indictable offence, unless the Minister gives an approval under this section.\n(sec.93-ssec.2) If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted, the Minister may— if the person was a member when convicted—give notice to the council’s chairperson and the person that the person is restored as a member, and may be later re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to be elected or appointed as a council member despite the conviction.\n(sec.93-ssec.3) On the day the council’s chairperson receives a notice under subsection (2) (a) — the person is restored as a council member; and if another person has been elected or appointed to fill the vacancy—the other person’s appointment ends.\n(sec.93-ssec.4) If a person is restored as a council member under subsection (3) , the person’s term of office as a council member ends when it would have ended if the person had not been convicted of the offence.\n- (a) if the person was a member when convicted—give notice to the council’s chairperson and the person that the person is restored as a member, and may be later re-elected or reappointed, despite the conviction; or\n- (b) otherwise—give written approval for the person to be elected or appointed as a council member despite the conviction.\n- (a) the person is restored as a council member; and\n- (b) if another person has been elected or appointed to fill the vacancy—the other person’s appointment ends.","sortOrder":125},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Constitution","content":"# Constitution","sortOrder":126},{"sectionNumber":"sec.94","sectionType":"section","heading":"Constitution for school council","content":"### sec.94 Constitution for school council\n\nA school council must have a constitution.\nThe council’s constitution must provide for the following—\nmembership of the council, including—\neligibility for election as, or to vote for, an elected member of the council; and\neligibility for appointment as an appointed member of the council; and\nprocedures for election or appointment; and\nwhen the term of office of an elected member, or appointed member, of the council starts and ends; and\nif there is an association formed for the school for which the council is established—the way in which the association’s president must give notice to the council’s chairperson about the appointment of an alternative association member;\nelection of, and other matters relating to, the council’s chairperson;\nconduct of council business;\nthe way the council performs its functions.\nThe constitution may also provide for other matters the council considers appropriate for inclusion in it.\nHowever, the provisions of a council’s constitution about membership of the council—\nmust comply with part 4 ; and\nif there is an association formed for the school for which the council is established—are subject to the provisions of the association’s constitution about the election of an elected parent member of the council.\ns 94 amd 2025 No. 24 s 21 (uncommenced amendment)\n(sec.94-ssec.1) A school council must have a constitution.\n(sec.94-ssec.2) The council’s constitution must provide for the following— membership of the council, including— eligibility for election as, or to vote for, an elected member of the council; and eligibility for appointment as an appointed member of the council; and procedures for election or appointment; and when the term of office of an elected member, or appointed member, of the council starts and ends; and if there is an association formed for the school for which the council is established—the way in which the association’s president must give notice to the council’s chairperson about the appointment of an alternative association member; election of, and other matters relating to, the council’s chairperson; conduct of council business; the way the council performs its functions.\n(sec.94-ssec.3) The constitution may also provide for other matters the council considers appropriate for inclusion in it.\n(sec.94-ssec.4) However, the provisions of a council’s constitution about membership of the council— must comply with part 4 ; and if there is an association formed for the school for which the council is established—are subject to the provisions of the association’s constitution about the election of an elected parent member of the council.\n- (a) membership of the council, including— (i) eligibility for election as, or to vote for, an elected member of the council; and (ii) eligibility for appointment as an appointed member of the council; and (iii) procedures for election or appointment; and (iv) when the term of office of an elected member, or appointed member, of the council starts and ends; and (v) if there is an association formed for the school for which the council is established—the way in which the association’s president must give notice to the council’s chairperson about the appointment of an alternative association member;\n- (i) eligibility for election as, or to vote for, an elected member of the council; and\n- (ii) eligibility for appointment as an appointed member of the council; and\n- (iii) procedures for election or appointment; and\n- (iv) when the term of office of an elected member, or appointed member, of the council starts and ends; and\n- (v) if there is an association formed for the school for which the council is established—the way in which the association’s president must give notice to the council’s chairperson about the appointment of an alternative association member;\n- (b) election of, and other matters relating to, the council’s chairperson;\n- (c) conduct of council business;\n- (d) the way the council performs its functions.\n- (i) eligibility for election as, or to vote for, an elected member of the council; and\n- (ii) eligibility for appointment as an appointed member of the council; and\n- (iii) procedures for election or appointment; and\n- (iv) when the term of office of an elected member, or appointed member, of the council starts and ends; and\n- (v) if there is an association formed for the school for which the council is established—the way in which the association’s president must give notice to the council’s chairperson about the appointment of an alternative association member;\n- (a) must comply with part 4 ; and\n- (b) if there is an association formed for the school for which the council is established—are subject to the provisions of the association’s constitution about the election of an elected parent member of the council.","sortOrder":127},{"sectionNumber":"sec.95","sectionType":"section","heading":"Amendment of school council’s constitution","content":"### sec.95 Amendment of school council’s constitution\n\nA school council for a State school may prepare and adopt an amendment of its constitution.\nIn preparing a proposed amendment, the council must have regard to the model constitution.\nAn amendment has no effect unless—\nthe amended constitution is consistent with the model constitution; or\nthe amendment is approved by the chief executive.\nThe chief executive must not approve an amendment unless the chief executive is satisfied—\nnotice of the proposed amendment was given, at least 30 days before the council meeting that considered the amendment, to the following—\nthe council members;\nif there is an association formed for the school—the association;\nthe school’s staff (including, for example, by displaying the proposed amendment in a staff room);\nthe school’s students (including, for example, by publishing the proposed amendment in the school’s newsletter); and\nthe amendment was adopted by at least the number of members constituting a quorum for the council; and\nthe amended constitution is consistent with this Act and otherwise lawful.\nIn deciding whether to approve an amendment, the chief executive must also have regard to the following matters about the amended constitution—\nwhether it provides for a membership that—\nallows adequate representation by parents, staff, students and other members of the school community; and\ntakes into account the demographics of the school community;\nwhether it provides for the council to perform its functions in an effective and fair way;\nwhether its provisions are otherwise adequate, clear and appropriate.\ns 95 amd 2018 No. 1 s 117\namd 2025 No. 24 s 22 (uncommenced amendment)\n(sec.95-ssec.1) A school council for a State school may prepare and adopt an amendment of its constitution.\n(sec.95-ssec.2) In preparing a proposed amendment, the council must have regard to the model constitution.\n(sec.95-ssec.3) An amendment has no effect unless— the amended constitution is consistent with the model constitution; or the amendment is approved by the chief executive.\n(sec.95-ssec.4) The chief executive must not approve an amendment unless the chief executive is satisfied— notice of the proposed amendment was given, at least 30 days before the council meeting that considered the amendment, to the following— the council members; if there is an association formed for the school—the association; the school’s staff (including, for example, by displaying the proposed amendment in a staff room); the school’s students (including, for example, by publishing the proposed amendment in the school’s newsletter); and the amendment was adopted by at least the number of members constituting a quorum for the council; and the amended constitution is consistent with this Act and otherwise lawful.\n(sec.95-ssec.5) In deciding whether to approve an amendment, the chief executive must also have regard to the following matters about the amended constitution— whether it provides for a membership that— allows adequate representation by parents, staff, students and other members of the school community; and takes into account the demographics of the school community; whether it provides for the council to perform its functions in an effective and fair way; whether its provisions are otherwise adequate, clear and appropriate.\n- (a) the amended constitution is consistent with the model constitution; or\n- (b) the amendment is approved by the chief executive.\n- (a) notice of the proposed amendment was given, at least 30 days before the council meeting that considered the amendment, to the following— (i) the council members; (ii) if there is an association formed for the school—the association; (iii) the school’s staff (including, for example, by displaying the proposed amendment in a staff room); (iv) the school’s students (including, for example, by publishing the proposed amendment in the school’s newsletter); and\n- (i) the council members;\n- (ii) if there is an association formed for the school—the association;\n- (iii) the school’s staff (including, for example, by displaying the proposed amendment in a staff room);\n- (iv) the school’s students (including, for example, by publishing the proposed amendment in the school’s newsletter); and\n- (b) the amendment was adopted by at least the number of members constituting a quorum for the council; and\n- (c) the amended constitution is consistent with this Act and otherwise lawful.\n- (i) the council members;\n- (ii) if there is an association formed for the school—the association;\n- (iii) the school’s staff (including, for example, by displaying the proposed amendment in a staff room);\n- (iv) the school’s students (including, for example, by publishing the proposed amendment in the school’s newsletter); and\n- (a) whether it provides for a membership that— (i) allows adequate representation by parents, staff, students and other members of the school community; and (ii) takes into account the demographics of the school community;\n- (i) allows adequate representation by parents, staff, students and other members of the school community; and\n- (ii) takes into account the demographics of the school community;\n- (b) whether it provides for the council to perform its functions in an effective and fair way;\n- (c) whether its provisions are otherwise adequate, clear and appropriate.\n- (i) allows adequate representation by parents, staff, students and other members of the school community; and\n- (ii) takes into account the demographics of the school community;","sortOrder":128},{"sectionNumber":"sec.96","sectionType":"section","heading":"Model constitution for school councils","content":"### sec.96 Model constitution for school councils\n\nThe chief executive may prepare a model constitution for school councils (the model constitution ).\ns 96 amd 2018 No. 1 s 118","sortOrder":129},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Council business","content":"# Council business","sortOrder":130},{"sectionNumber":"sec.97","sectionType":"section","heading":"Conduct of business","content":"### sec.97 Conduct of business\n\nSubject to its constitution and this part, a school council may conduct its business, including its meetings, in the way it considers appropriate.\nHowever, a school council may only make decisions about how it will carry out its functions if it does so at a council meeting at which a quorum for the council is present.\n(sec.97-ssec.1) Subject to its constitution and this part, a school council may conduct its business, including its meetings, in the way it considers appropriate.\n(sec.97-ssec.2) However, a school council may only make decisions about how it will carry out its functions if it does so at a council meeting at which a quorum for the council is present.","sortOrder":131},{"sectionNumber":"sec.98","sectionType":"section","heading":"Time and place of meetings","content":"### sec.98 Time and place of meetings\n\nSchool council meetings must be held at the times and places the council decides.\nHowever, a school council’s chairperson—\nmay call a meeting at any time; and\nmust call a meeting if asked, in writing, to do so by the Minister, the chief executive or at least the number of its members required to form a quorum for the council.\nA school council must meet at least twice in each semester.\n(sec.98-ssec.1) School council meetings must be held at the times and places the council decides.\n(sec.98-ssec.2) However, a school council’s chairperson— may call a meeting at any time; and must call a meeting if asked, in writing, to do so by the Minister, the chief executive or at least the number of its members required to form a quorum for the council.\n(sec.98-ssec.3) A school council must meet at least twice in each semester.\n- (a) may call a meeting at any time; and\n- (b) must call a meeting if asked, in writing, to do so by the Minister, the chief executive or at least the number of its members required to form a quorum for the council.","sortOrder":132},{"sectionNumber":"sec.99","sectionType":"section","heading":"Quorum","content":"### sec.99 Quorum\n\nA quorum for a school council is the number equal to two-thirds of the number of its members or, if two-thirds is not a whole number, the next highest whole number.","sortOrder":133},{"sectionNumber":"sec.100","sectionType":"section","heading":"Presiding at meetings","content":"### sec.100 Presiding at meetings\n\nThe school council’s chairperson must preside at all council meetings at which the chairperson is present.\nIf the chairperson is absent from a council meeting, another council member chosen by the council members present must preside.\n(sec.100-ssec.1) The school council’s chairperson must preside at all council meetings at which the chairperson is present.\n(sec.100-ssec.2) If the chairperson is absent from a council meeting, another council member chosen by the council members present must preside.","sortOrder":134},{"sectionNumber":"sec.101","sectionType":"section","heading":"Conduct of meetings","content":"### sec.101 Conduct of meetings\n\nA question at a school council meeting, other than a question about an amendment of the council’s constitution, must be decided by a majority of the votes of the council members present.\nEach member present at a council meeting has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.\nA member present at a council meeting who abstains from voting is taken to have voted for the negative.\nA school council may hold meetings, or allow its members to take part in its meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.\nA school council member who takes part in a council meeting under subsection (4) is taken to be present at the meeting.\n(sec.101-ssec.1) A question at a school council meeting, other than a question about an amendment of the council’s constitution, must be decided by a majority of the votes of the council members present.\n(sec.101-ssec.2) Each member present at a council meeting has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.\n(sec.101-ssec.3) A member present at a council meeting who abstains from voting is taken to have voted for the negative.\n(sec.101-ssec.4) A school council may hold meetings, or allow its members to take part in its meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.\n(sec.101-ssec.5) A school council member who takes part in a council meeting under subsection (4) is taken to be present at the meeting.","sortOrder":135},{"sectionNumber":"sec.102","sectionType":"section","heading":"Attendance by proxy","content":"### sec.102 Attendance by proxy\n\nA member of a school council for a State school may not attend a meeting of the council by proxy.\nHowever, the school’s principal may attend up to 2 meetings in each year by proxy.\nIn this section—\nproxy does not include an alternative association member for the president of an association formed for the school.\ns 102 amd 2025 No. 24 s 23 (uncommenced amendment)\n(sec.102-ssec.1) A member of a school council for a State school may not attend a meeting of the council by proxy.\n(sec.102-ssec.2) However, the school’s principal may attend up to 2 meetings in each year by proxy.\n(sec.102-ssec.3) In this section— proxy does not include an alternative association member for the president of an association formed for the school.","sortOrder":136},{"sectionNumber":"sec.103","sectionType":"section","heading":"Disclosure of interest","content":"### sec.103 Disclosure of interest\n\nThis section applies to a member of a school council (the interested member ) if—\nthe interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the council; and\nthe interest could conflict with the proper performance of the interested member’s duties when considering the issue.\nAs soon as practicable after the relevant facts come to the interested member’s knowledge, the interested member must disclose the nature of the interest to a meeting of the council.\nUnless the council otherwise directs, the interested member must not—\nbe present when the council considers the issue; or\ntake part in a decision of the council about the issue.\nThe interested member must not be present when the council is considering whether to give a direction under subsection (3) .\nIf there is another member who must, under subsection (2) , also disclose an interest in the issue, the other member must not—\nbe present when the council is considering whether to give a direction under subsection (3) ; or\ntake part in making the decision about giving the direction.\nIf—\nbecause of this section, a member is not present at a council meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum for the council if the member were present;\nthe remaining members present are a quorum for the council for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\nA disclosure under subsection (2) must be recorded in the council’s minutes.\n(sec.103-ssec.1) This section applies to a member of a school council (the interested member ) if— the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the council; and the interest could conflict with the proper performance of the interested member’s duties when considering the issue.\n(sec.103-ssec.2) As soon as practicable after the relevant facts come to the interested member’s knowledge, the interested member must disclose the nature of the interest to a meeting of the council.\n(sec.103-ssec.3) Unless the council otherwise directs, the interested member must not— be present when the council considers the issue; or take part in a decision of the council about the issue.\n(sec.103-ssec.4) The interested member must not be present when the council is considering whether to give a direction under subsection (3) .\n(sec.103-ssec.5) If there is another member who must, under subsection (2) , also disclose an interest in the issue, the other member must not— be present when the council is considering whether to give a direction under subsection (3) ; or take part in making the decision about giving the direction.\n(sec.103-ssec.6) If— because of this section, a member is not present at a council meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum for the council if the member were present; the remaining members present are a quorum for the council for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\n(sec.103-ssec.7) A disclosure under subsection (2) must be recorded in the council’s minutes.\n- (a) the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the council; and\n- (b) the interest could conflict with the proper performance of the interested member’s duties when considering the issue.\n- (a) be present when the council considers the issue; or\n- (b) take part in a decision of the council about the issue.\n- (a) be present when the council is considering whether to give a direction under subsection (3) ; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a member is not present at a council meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum for the council if the member were present;","sortOrder":137},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Application of other laws","content":"# Application of other laws","sortOrder":138},{"sectionNumber":"sec.104","sectionType":"section","heading":"Criminal Law (Rehabilitation of Offenders) Act 1986","content":"### sec.104 Criminal Law (Rehabilitation of Offenders) Act 1986\n\nFor the application of the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 9A , to the office of an elected member, or appointed member, of a school council, a person is taken to apply for the office if the person—\nconsents to be appointed as an appointed member (whether or not the council has decided to appoint the person); or\nstands for election as an elected member.\nThis section does not apply to an elected student member of the council.\n(sec.104-ssec.1) For the application of the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 9A , to the office of an elected member, or appointed member, of a school council, a person is taken to apply for the office if the person— consents to be appointed as an appointed member (whether or not the council has decided to appoint the person); or stands for election as an elected member.\n(sec.104-ssec.2) This section does not apply to an elected student member of the council.\n- (a) consents to be appointed as an appointed member (whether or not the council has decided to appoint the person); or\n- (b) stands for election as an elected member.","sortOrder":139},{"sectionNumber":"sec.105","sectionType":"section","heading":"Public Records Act 2023","content":"### sec.105 Public Records Act 2023\n\nA school council is a public authority under the Public Records Act 2023 .\ns 105 amd 2023 No. 33 s 107 sch 5","sortOrder":140},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 om 2009 No. 13 s 213 sch 5","sortOrder":141},{"sectionNumber":"sec.107","sectionType":"section","heading":"Public Sector Ethics Act 1994","content":"### sec.107 Public Sector Ethics Act 1994\n\nThis section is about the application of the Public Sector Ethics Act 1994 (the Act ) to a school council.\nFor the application of the Act —\na school council is a public sector entity; and\na member of the council is a public official of the entity; and\nthe chief executive is the chief executive officer of the entity.\nFor section 15 of the Act , the chief executive must ensure a code of conduct is prepared that, after approval under section 17 of the Act , applies to a school council.\nFor section 23 of the Act , a reference to the entity’s annual report is a reference to the department’s annual report.\ns 107 amd 2010 No. 37 s 177 sch\n(sec.107-ssec.1) This section is about the application of the Public Sector Ethics Act 1994 (the Act ) to a school council.\n(sec.107-ssec.2) For the application of the Act — a school council is a public sector entity; and a member of the council is a public official of the entity; and the chief executive is the chief executive officer of the entity.\n(sec.107-ssec.3) For section 15 of the Act , the chief executive must ensure a code of conduct is prepared that, after approval under section 17 of the Act , applies to a school council.\n(sec.107-ssec.4) For section 23 of the Act , a reference to the entity’s annual report is a reference to the department’s annual report.\n- (a) a school council is a public sector entity; and\n- (b) a member of the council is a public official of the entity; and\n- (c) the chief executive is the chief executive officer of the entity.","sortOrder":142},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":"Starting up","content":"# Starting up","sortOrder":143},{"sectionNumber":"sec.108","sectionType":"section","heading":"Purpose and application","content":"### sec.108 Purpose and application\n\nThis part is about the establishment and initial operation of a school council.\nIf there is an inconsistency between this part and another provision of this chapter, this part prevails to the extent of the inconsistency.\n(sec.108-ssec.1) This part is about the establishment and initial operation of a school council.\n(sec.108-ssec.2) If there is an inconsistency between this part and another provision of this chapter, this part prevails to the extent of the inconsistency.","sortOrder":144},{"sectionNumber":"sec.109","sectionType":"section","heading":"Initial constitution","content":"### sec.109 Initial constitution\n\nA State school’s principal must prepare a draft constitution for a proposed school council for the school.\nSection 95 (1) to (3) and (5) apply to the preparation as if a reference to a school council amending its constitution were a reference to the school’s principal preparing the proposed council’s draft constitution.\nIn preparing the draft constitution, the principal—\nmust consult with—\nthe parents of children attending the school; and\nthe school’s staff and students; and\nmay consult with other appropriate entities.\nIf there is an association formed for the school, the president of the association must, under the association’s constitution, call a special meeting of the association (the association meeting ) for approving the draft constitution.\nThe principal must call the following meetings for approving the draft constitution—\nif there is no association formed for the school—a meeting of the parents of children attending the school (the parent meeting );\na meeting of the school’s staff (the staff meeting ).\nThe chief executive may not establish a school council for the school unless the association meeting or parent meeting, and the staff meeting, are called and the draft constitution is approved as follows—\nif there is an association formed for the school—by secret ballot by a majority of the association’s members attending the association meeting;\nif there is no association formed for the school—by secret ballot by a majority of the parents attending the parent meeting;\nby secret ballot by a majority of the staff attending the staff meeting.\nHowever, the chief executive may establish a school council for the school, even though the draft constitution is not approved under subsection (6) , if the chief executive—\nis satisfied of each of the following—\nif there is an association formed for the school and the association did not approve the draft constitution under subsection (6) —there were at least 3 association meetings held to discuss the draft constitution during a 3-month period;\nif there is no association formed for the school and the parents of children attending the school did not approve the draft constitution under subsection (6) —there were at least 3 parent meetings held to discuss the draft constitution during a 3-month period;\nif the school’s staff did not approve the draft constitution under subsection (6) —there were at least 3 staff meetings held to discuss the draft constitution during a 3-month period; and\nhas had regard to the concerns of the association, parents or staff raised at the meetings at which the draft constitution was not approved.\nThe approved constitution applies to the council on its establishment.\ns 109 amd 2025 No. 24 s 24 (uncommenced amendment)\n(sec.109-ssec.1) A State school’s principal must prepare a draft constitution for a proposed school council for the school.\n(sec.109-ssec.2) Section 95 (1) to (3) and (5) apply to the preparation as if a reference to a school council amending its constitution were a reference to the school’s principal preparing the proposed council’s draft constitution.\n(sec.109-ssec.3) In preparing the draft constitution, the principal— must consult with— the parents of children attending the school; and the school’s staff and students; and may consult with other appropriate entities.\n(sec.109-ssec.4) If there is an association formed for the school, the president of the association must, under the association’s constitution, call a special meeting of the association (the association meeting ) for approving the draft constitution.\n(sec.109-ssec.5) The principal must call the following meetings for approving the draft constitution— if there is no association formed for the school—a meeting of the parents of children attending the school (the parent meeting ); a meeting of the school’s staff (the staff meeting ).\n(sec.109-ssec.6) The chief executive may not establish a school council for the school unless the association meeting or parent meeting, and the staff meeting, are called and the draft constitution is approved as follows— if there is an association formed for the school—by secret ballot by a majority of the association’s members attending the association meeting; if there is no association formed for the school—by secret ballot by a majority of the parents attending the parent meeting; by secret ballot by a majority of the staff attending the staff meeting.\n(sec.109-ssec.7) However, the chief executive may establish a school council for the school, even though the draft constitution is not approved under subsection (6) , if the chief executive— is satisfied of each of the following— if there is an association formed for the school and the association did not approve the draft constitution under subsection (6) —there were at least 3 association meetings held to discuss the draft constitution during a 3-month period; if there is no association formed for the school and the parents of children attending the school did not approve the draft constitution under subsection (6) —there were at least 3 parent meetings held to discuss the draft constitution during a 3-month period; if the school’s staff did not approve the draft constitution under subsection (6) —there were at least 3 staff meetings held to discuss the draft constitution during a 3-month period; and has had regard to the concerns of the association, parents or staff raised at the meetings at which the draft constitution was not approved.\n(sec.109-ssec.8) The approved constitution applies to the council on its establishment.\n- (a) must consult with— (i) the parents of children attending the school; and (ii) the school’s staff and students; and\n- (i) the parents of children attending the school; and\n- (ii) the school’s staff and students; and\n- (b) may consult with other appropriate entities.\n- (i) the parents of children attending the school; and\n- (ii) the school’s staff and students; and\n- (a) if there is no association formed for the school—a meeting of the parents of children attending the school (the parent meeting );\n- (b) a meeting of the school’s staff (the staff meeting ).\n- (a) if there is an association formed for the school—by secret ballot by a majority of the association’s members attending the association meeting;\n- (b) if there is no association formed for the school—by secret ballot by a majority of the parents attending the parent meeting;\n- (c) by secret ballot by a majority of the staff attending the staff meeting.\n- (a) is satisfied of each of the following— (i) if there is an association formed for the school and the association did not approve the draft constitution under subsection (6) —there were at least 3 association meetings held to discuss the draft constitution during a 3-month period; (ii) if there is no association formed for the school and the parents of children attending the school did not approve the draft constitution under subsection (6) —there were at least 3 parent meetings held to discuss the draft constitution during a 3-month period; (iii) if the school’s staff did not approve the draft constitution under subsection (6) —there were at least 3 staff meetings held to discuss the draft constitution during a 3-month period; and\n- (i) if there is an association formed for the school and the association did not approve the draft constitution under subsection (6) —there were at least 3 association meetings held to discuss the draft constitution during a 3-month period;\n- (ii) if there is no association formed for the school and the parents of children attending the school did not approve the draft constitution under subsection (6) —there were at least 3 parent meetings held to discuss the draft constitution during a 3-month period;\n- (iii) if the school’s staff did not approve the draft constitution under subsection (6) —there were at least 3 staff meetings held to discuss the draft constitution during a 3-month period; and\n- (b) has had regard to the concerns of the association, parents or staff raised at the meetings at which the draft constitution was not approved.\n- (i) if there is an association formed for the school and the association did not approve the draft constitution under subsection (6) —there were at least 3 association meetings held to discuss the draft constitution during a 3-month period;\n- (ii) if there is no association formed for the school and the parents of children attending the school did not approve the draft constitution under subsection (6) —there were at least 3 parent meetings held to discuss the draft constitution during a 3-month period;\n- (iii) if the school’s staff did not approve the draft constitution under subsection (6) —there were at least 3 staff meetings held to discuss the draft constitution during a 3-month period; and","sortOrder":145},{"sectionNumber":"sec.110","sectionType":"section","heading":"Initial membership","content":"### sec.110 Initial membership\n\nOn its establishment, a school council consists only of its official members.\nHowever, a school council consisting only of its official members may only perform the functions necessary for the election of the council’s elected members.\n(sec.110-ssec.1) On its establishment, a school council consists only of its official members.\n(sec.110-ssec.2) However, a school council consisting only of its official members may only perform the functions necessary for the election of the council’s elected members.","sortOrder":146},{"sectionNumber":"sec.111","sectionType":"section","heading":"First elected members and appointed members","content":"### sec.111 First elected members and appointed members\n\nAs soon as practicable after a school council is established, its official members must, under the council’s constitution, organise the election of the council’s elected members.\nAfter the election, the council, as constituted by its official members and elected members, may appoint the council’s appointed members.\n(sec.111-ssec.1) As soon as practicable after a school council is established, its official members must, under the council’s constitution, organise the election of the council’s elected members.\n(sec.111-ssec.2) After the election, the council, as constituted by its official members and elected members, may appoint the council’s appointed members.","sortOrder":147},{"sectionNumber":"ch.6-pt.9","sectionType":"part","heading":"Dissolution","content":"# Dissolution","sortOrder":148},{"sectionNumber":"sec.112","sectionType":"section","heading":"Dissolution of a school council","content":"### sec.112 Dissolution of a school council\n\nA school council is dissolved—\nif the school for which it was established is closed; or\nin other circumstances prescribed under a regulation.\nOn dissolution, the members of the council immediately before the dissolution go out of office.\n(sec.112-ssec.1) A school council is dissolved— if the school for which it was established is closed; or in other circumstances prescribed under a regulation.\n(sec.112-ssec.2) On dissolution, the members of the council immediately before the dissolution go out of office.\n- (a) if the school for which it was established is closed; or\n- (b) in other circumstances prescribed under a regulation.","sortOrder":149},{"sectionNumber":"sec.113","sectionType":"section","heading":"Records","content":"### sec.113 Records\n\nAs soon as practicable after the dissolution of a school council for a State school, the school’s principal must ensure the council’s records are given to the chief executive.\nIn this section—\nrecords , of the council, includes all documents held by the council that it has created or acquired in the course of performing its functions.\n(sec.113-ssec.1) As soon as practicable after the dissolution of a school council for a State school, the school’s principal must ensure the council’s records are given to the chief executive.\n(sec.113-ssec.2) In this section— records , of the council, includes all documents held by the council that it has created or acquired in the course of performing its functions.","sortOrder":150},{"sectionNumber":"ch.6-pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":151},{"sectionNumber":"sec.114","sectionType":"section","heading":"School council not to establish committee or subcommittee","content":"### sec.114 School council not to establish committee or subcommittee\n\nA school council must not establish a committee or subcommittee.","sortOrder":152},{"sectionNumber":"sec.115","sectionType":"section","heading":"Expense of attending meetings","content":"### sec.115 Expense of attending meetings\n\nThe chief executive may—\ndecide the allowance payable to compensate a member of a school council in attending a meeting of the council, the amount of which is dependent on the class of membership of the council; or\nreimburse a member of a school council the whole or part of the reasonable expenses incurred by the member in attending a meeting of the council.\n- (a) decide the allowance payable to compensate a member of a school council in attending a meeting of the council, the amount of which is dependent on the class of membership of the council; or\n- (b) reimburse a member of a school council the whole or part of the reasonable expenses incurred by the member in attending a meeting of the council.","sortOrder":153},{"sectionNumber":"sec.116","sectionType":"section","heading":"Minister’s power to give directions in the public interest","content":"### sec.116 Minister’s power to give directions in the public interest\n\nThe Minister may give a school council a written direction about a matter relevant to the performance of its functions under section 81 if the Minister is satisfied it is necessary to give the direction in the public interest.\nWithout limiting subsection (1) , a direction may require the council to comply with—\na policy, standard or other instrument of a public sector unit; or\nanother document, including, for example, another policy, standard or instrument.\nThe council must comply with the direction.\nA direction to a school council must be addressed to its chairperson and may be sent by post, facsimile or similar facility to the school.\nThe Minister must give a copy of each direction, given under this section, to the chief executive.\nThe department’s annual report for a year must include copies of all directions given under this section during the year.\n(sec.116-ssec.1) The Minister may give a school council a written direction about a matter relevant to the performance of its functions under section 81 if the Minister is satisfied it is necessary to give the direction in the public interest.\n(sec.116-ssec.2) Without limiting subsection (1) , a direction may require the council to comply with— a policy, standard or other instrument of a public sector unit; or another document, including, for example, another policy, standard or instrument.\n(sec.116-ssec.3) The council must comply with the direction.\n(sec.116-ssec.4) A direction to a school council must be addressed to its chairperson and may be sent by post, facsimile or similar facility to the school.\n(sec.116-ssec.5) The Minister must give a copy of each direction, given under this section, to the chief executive.\n(sec.116-ssec.6) The department’s annual report for a year must include copies of all directions given under this section during the year.\n- (a) a policy, standard or other instrument of a public sector unit; or\n- (b) another document, including, for example, another policy, standard or instrument.","sortOrder":154},{"sectionNumber":"sec.117","sectionType":"section","heading":"Protection from liability","content":"### sec.117 Protection from liability\n\nA member of a school council does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a member of a school council, the liability attaches instead to the State.\nThis section does not apply to a member of a school council if the member is a prescribed person under the Public Sector Act 2022 , section 267 .\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\ns 117 amd 2014 No. 62 s 35 ; 2022 No. 34 s 365 sch 3\n(sec.117-ssec.1) A member of a school council does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.117-ssec.2) If subsection (1) prevents a civil liability attaching to a member of a school council, the liability attaches instead to the State.\n(sec.117-ssec.3) This section does not apply to a member of a school council if the member is a prescribed person under the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .","sortOrder":155},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Formation, objectives etc. of an association","content":"# Formation, objectives etc. of an association","sortOrder":156},{"sectionNumber":"sec.118","sectionType":"section","heading":"Formation of parents and citizens association","content":"### sec.118 Formation of parents and citizens association\n\nA parents and citizens association may be formed for a State instructional institution in the way prescribed under a regulation.\nThe following persons are eligible to be members of a parents and citizens association formed for a State school—\na parent of a child attending the school;\na staff member of the school;\nan adult, other than a person mentioned in paragraph (a) or (b) , who is interested in the school’s welfare.\nThe following persons are eligible to be members of a parents and citizens association formed for an educational institution established under section 14 —\na staff member of the institution;\nan adult, other than a person mentioned in paragraph (a) , who is interested in the institution’s welfare.\nA State instructional institution’s principal is a member of a parents and citizens association formed for the institution.\ns 118 amd 2025 No. 24 s 25 (uncommenced amendment)\n(sec.118-ssec.1) A parents and citizens association may be formed for a State instructional institution in the way prescribed under a regulation.\n(sec.118-ssec.2) The following persons are eligible to be members of a parents and citizens association formed for a State school— a parent of a child attending the school; a staff member of the school; an adult, other than a person mentioned in paragraph (a) or (b) , who is interested in the school’s welfare.\n(sec.118-ssec.3) The following persons are eligible to be members of a parents and citizens association formed for an educational institution established under section 14 — a staff member of the institution; an adult, other than a person mentioned in paragraph (a) , who is interested in the institution’s welfare.\n(sec.118-ssec.4) A State instructional institution’s principal is a member of a parents and citizens association formed for the institution.\n- (a) a parent of a child attending the school;\n- (b) a staff member of the school;\n- (c) an adult, other than a person mentioned in paragraph (a) or (b) , who is interested in the school’s welfare.\n- (a) a staff member of the institution;\n- (b) an adult, other than a person mentioned in paragraph (a) , who is interested in the institution’s welfare.","sortOrder":157},{"sectionNumber":"sec.119","sectionType":"section","heading":"Formation of interim parents and citizens association","content":"### sec.119 Formation of interim parents and citizens association\n\nAn interim parents and citizens association may be formed for a proposed State instructional institution, in the way prescribed under a regulation, within 2 years before the institution’s proposed first day of operation.\nAn adult interested in the welfare of a proposed State instructional institution is eligible to be a member of an interim parents and citizens association formed for the proposed State instructional institution.\nAn interim parents and citizens association formed for a proposed State instructional institution is taken to be a parents and citizens association formed for the institution from the start of operation of the institution.\ns 119 amd 2025 No. 24 s 26 (uncommenced amendment)\n(sec.119-ssec.1) An interim parents and citizens association may be formed for a proposed State instructional institution, in the way prescribed under a regulation, within 2 years before the institution’s proposed first day of operation.\n(sec.119-ssec.2) An adult interested in the welfare of a proposed State instructional institution is eligible to be a member of an interim parents and citizens association formed for the proposed State instructional institution.\n(sec.119-ssec.3) An interim parents and citizens association formed for a proposed State instructional institution is taken to be a parents and citizens association formed for the institution from the start of operation of the institution.","sortOrder":158},{"sectionNumber":"sec.120","sectionType":"section","heading":"Objectives of an association","content":"### sec.120 Objectives of an association\n\nThe objectives of an association are to promote the interests of, and facilitate the development and further improvement of, the State instructional institution, or proposed State instructional institution, for which it is formed.","sortOrder":159},{"sectionNumber":"sec.121","sectionType":"section","heading":"Functions of an association","content":"### sec.121 Functions of an association\n\nAn association has the following functions—\nfostering community interest in educational matters;\ntrying to bring about closer cooperation between—\nfor an association formed for a State school—the parents of children attending the school and other members of the community, staff members of the school and students of the school; or\nfor an association formed for an educational institution established under section 14 —members of the community and staff members of the institution;\nif asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about issues relating to persons who receive educational instruction at the institution;\nif asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about the general operations and management of the institution;\ngiving, or assisting in the giving of, financial or other resources or services for the benefit of persons who receive educational instruction at the State instructional institution for which it is formed;\nperforming any other functions, not inconsistent with this Act, as the Minister decides.\nIn the performance of its functions, an association must comply with this Act and any written directions the Minister may give the association about—\ncomplying with departmental policies that apply to associations; or\na matter relevant to the performance of its functions.\ns 121 amd 2006 No. 39 s 512 (2) sch 2\n(sec.121-ssec.1) An association has the following functions— fostering community interest in educational matters; trying to bring about closer cooperation between— for an association formed for a State school—the parents of children attending the school and other members of the community, staff members of the school and students of the school; or for an association formed for an educational institution established under section 14 —members of the community and staff members of the institution; if asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about issues relating to persons who receive educational instruction at the institution; if asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about the general operations and management of the institution; giving, or assisting in the giving of, financial or other resources or services for the benefit of persons who receive educational instruction at the State instructional institution for which it is formed; performing any other functions, not inconsistent with this Act, as the Minister decides.\n(sec.121-ssec.2) In the performance of its functions, an association must comply with this Act and any written directions the Minister may give the association about— complying with departmental policies that apply to associations; or a matter relevant to the performance of its functions.\n- (a) fostering community interest in educational matters;\n- (b) trying to bring about closer cooperation between— (i) for an association formed for a State school—the parents of children attending the school and other members of the community, staff members of the school and students of the school; or (ii) for an association formed for an educational institution established under section 14 —members of the community and staff members of the institution;\n- (i) for an association formed for a State school—the parents of children attending the school and other members of the community, staff members of the school and students of the school; or\n- (ii) for an association formed for an educational institution established under section 14 —members of the community and staff members of the institution;\n- (c) if asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about issues relating to persons who receive educational instruction at the institution;\n- (d) if asked by the principal of the State instructional institution for which it is formed or of its own volition—giving advice and recommendations to the principal about the general operations and management of the institution;\n- (e) giving, or assisting in the giving of, financial or other resources or services for the benefit of persons who receive educational instruction at the State instructional institution for which it is formed;\n- (f) performing any other functions, not inconsistent with this Act, as the Minister decides.\n- (i) for an association formed for a State school—the parents of children attending the school and other members of the community, staff members of the school and students of the school; or\n- (ii) for an association formed for an educational institution established under section 14 —members of the community and staff members of the institution;\n- (a) complying with departmental policies that apply to associations; or\n- (b) a matter relevant to the performance of its functions.","sortOrder":160},{"sectionNumber":"sec.122","sectionType":"section","heading":"Dissolution of an association","content":"### sec.122 Dissolution of an association\n\nAn association is dissolved—\nif the State instructional institution for which it was formed is closed; or\nif the number of members of the association is 2 or less; or\nin other circumstances prescribed under a regulation.\ns 122 amd 2025 No. 24 s 27 (uncommenced amendment)\n- (a) if the State instructional institution for which it was formed is closed; or\n- (b) if the number of members of the association is 2 or less; or\n- (c) in other circumstances prescribed under a regulation.","sortOrder":161},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Officers of an association","content":"# Officers of an association","sortOrder":162},{"sectionNumber":"sec.123","sectionType":"section","heading":"Officers","content":"### sec.123 Officers\n\nAn association must at each annual general meeting of the association elect from its members, as prescribed under a regulation, the following officers—\na president;\nat least 1 vice-president;\na secretary;\na treasurer;\nany additional officers, as decided by the association.\nThe officers hold office in an honorary capacity.\nThe office of treasurer of the association must not be held by the person who is the president or secretary of the association.\nThe principal of the State instructional institution for which the association is formed may not be an office holder of the association.\n(sec.123-ssec.1) An association must at each annual general meeting of the association elect from its members, as prescribed under a regulation, the following officers— a president; at least 1 vice-president; a secretary; a treasurer; any additional officers, as decided by the association.\n(sec.123-ssec.2) The officers hold office in an honorary capacity.\n(sec.123-ssec.3) The office of treasurer of the association must not be held by the person who is the president or secretary of the association.\n(sec.123-ssec.4) The principal of the State instructional institution for which the association is formed may not be an office holder of the association.\n- (a) a president;\n- (b) at least 1 vice-president;\n- (c) a secretary;\n- (d) a treasurer;\n- (e) any additional officers, as decided by the association.","sortOrder":163},{"sectionNumber":"sec.124","sectionType":"section","heading":"Vacation of office","content":"### sec.124 Vacation of office\n\nThe office of an officer of an association becomes vacant if the officer—\ndies; or\nresigns his or her office by signed notice given to—\nfor the president—a vice-president, or the secretary or treasurer, of the association; or\nfor another officer—the president of the association; or\nis absent from 3 consecutive meetings of the association, of which the member has been given notice under the association’s constitution, without the association’s leave and without reasonable excuse.\nA notice of resignation mentioned in subsection (1) (b) takes effect when the notice is given under that paragraph or, if a later time is stated in the notice, the later time.\nIn this section—\nmeeting , of the association, means—\nif the relevant officer does not attend—a meeting of the association with a quorum for the association present; or\nif the relevant officer attends—a meeting of the association with or without a quorum for the association present.\n(sec.124-ssec.1) The office of an officer of an association becomes vacant if the officer— dies; or resigns his or her office by signed notice given to— for the president—a vice-president, or the secretary or treasurer, of the association; or for another officer—the president of the association; or is absent from 3 consecutive meetings of the association, of which the member has been given notice under the association’s constitution, without the association’s leave and without reasonable excuse.\n(sec.124-ssec.2) A notice of resignation mentioned in subsection (1) (b) takes effect when the notice is given under that paragraph or, if a later time is stated in the notice, the later time.\n(sec.124-ssec.3) In this section— meeting , of the association, means— if the relevant officer does not attend—a meeting of the association with a quorum for the association present; or if the relevant officer attends—a meeting of the association with or without a quorum for the association present.\n- (a) dies; or\n- (b) resigns his or her office by signed notice given to— (i) for the president—a vice-president, or the secretary or treasurer, of the association; or (ii) for another officer—the president of the association; or\n- (i) for the president—a vice-president, or the secretary or treasurer, of the association; or\n- (ii) for another officer—the president of the association; or\n- (c) is absent from 3 consecutive meetings of the association, of which the member has been given notice under the association’s constitution, without the association’s leave and without reasonable excuse.\n- (i) for the president—a vice-president, or the secretary or treasurer, of the association; or\n- (ii) for another officer—the president of the association; or\n- (a) if the relevant officer does not attend—a meeting of the association with a quorum for the association present; or\n- (b) if the relevant officer attends—a meeting of the association with or without a quorum for the association present.","sortOrder":164},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Executive committee of an association","content":"# Executive committee of an association","sortOrder":165},{"sectionNumber":"sec.125","sectionType":"section","heading":"Executive committee","content":"### sec.125 Executive committee\n\nThere is an executive committee of an association.\nThe executive committee consists of the following persons—\nthe president of the association;\nthe vice-president, or vice-presidents, of the association;\nthe secretary of the association;\nthe treasurer of the association.\n(sec.125-ssec.1) There is an executive committee of an association.\n(sec.125-ssec.2) The executive committee consists of the following persons— the president of the association; the vice-president, or vice-presidents, of the association; the secretary of the association; the treasurer of the association.\n- (a) the president of the association;\n- (b) the vice-president, or vice-presidents, of the association;\n- (c) the secretary of the association;\n- (d) the treasurer of the association.","sortOrder":166},{"sectionNumber":"sec.126","sectionType":"section","heading":"Restriction on who may be a member of executive committee","content":"### sec.126 Restriction on who may be a member of executive committee\n\nSubsection (2) applies only at the time of election of the office holders of an association under section 123 .\nThe number of relevant staff members of the State instructional institution for which the association is formed who may be members of the executive committee of the association must not be more than one-third of the number of members of the executive committee.\nSubsection (2) does not apply to the association if—\nthe chief executive reasonably believes that compliance with the requirement mentioned in that subsection will prevent all the positions of the executive committee being filled; and\nthe chief executive notifies the association that it is not required to comply with that subsection.\nIn this section—\nrelevant staff member means—\nfor a State school—a staff member of the school who is not a parent of a child attending the school; or\nfor an educational institution established under section 14 —a staff member of the institution.\ns 126 amd 2025 No. 24 s 28 (uncommenced amendment)\n(sec.126-ssec.1) Subsection (2) applies only at the time of election of the office holders of an association under section 123 .\n(sec.126-ssec.2) The number of relevant staff members of the State instructional institution for which the association is formed who may be members of the executive committee of the association must not be more than one-third of the number of members of the executive committee.\n(sec.126-ssec.3) Subsection (2) does not apply to the association if— the chief executive reasonably believes that compliance with the requirement mentioned in that subsection will prevent all the positions of the executive committee being filled; and the chief executive notifies the association that it is not required to comply with that subsection.\n(sec.126-ssec.4) In this section— relevant staff member means— for a State school—a staff member of the school who is not a parent of a child attending the school; or for an educational institution established under section 14 —a staff member of the institution.\n- (a) the chief executive reasonably believes that compliance with the requirement mentioned in that subsection will prevent all the positions of the executive committee being filled; and\n- (b) the chief executive notifies the association that it is not required to comply with that subsection.\n- (a) for a State school—a staff member of the school who is not a parent of a child attending the school; or\n- (b) for an educational institution established under section 14 —a staff member of the institution.","sortOrder":167},{"sectionNumber":"sec.127","sectionType":"section","heading":"Urgent matters","content":"### sec.127 Urgent matters\n\nFor urgent matters only relating to the performance of the functions of an association, the executive committee of the association may take any necessary action.\nDespite the quorum for the association and section 129 (1) , the action may be taken by a majority vote of the executive committee.\nHowever, the executive committee may not remove a person as a member or officer of the association.\nIf the executive committee acts under subsection (1) , details of the action must be tabled at the next scheduled general meeting of the association or at a special meeting called for that purpose.\nFailure by the executive committee to comply with subsection (4) does not affect the validity of the action.\nTo remove any doubt, it is declared that giving assistance to a State instructional institution or another association under section 142A is not an urgent matter.\ns 127 amd 2025 No. 24 s 5\n(sec.127-ssec.1) For urgent matters only relating to the performance of the functions of an association, the executive committee of the association may take any necessary action.\n(sec.127-ssec.2) Despite the quorum for the association and section 129 (1) , the action may be taken by a majority vote of the executive committee.\n(sec.127-ssec.3) However, the executive committee may not remove a person as a member or officer of the association.\n(sec.127-ssec.4) If the executive committee acts under subsection (1) , details of the action must be tabled at the next scheduled general meeting of the association or at a special meeting called for that purpose.\n(sec.127-ssec.5) Failure by the executive committee to comply with subsection (4) does not affect the validity of the action.\n(sec.127-ssec.6) To remove any doubt, it is declared that giving assistance to a State instructional institution or another association under section 142A is not an urgent matter.","sortOrder":168},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Business of an association","content":"# Business of an association","sortOrder":169},{"sectionNumber":"sec.128","sectionType":"section","heading":"Presiding at meetings","content":"### sec.128 Presiding at meetings\n\nThe president of an association must preside at all association meetings at which the president is present.\nIf the president is absent from an association meeting, but a vice-president of the association is present, a vice-president nominated and confirmed by majority vote at the meeting must preside.\nIf neither the president or a vice-president is present at an association meeting or the offices are vacant, an association member chosen by the members present must preside.\n(sec.128-ssec.1) The president of an association must preside at all association meetings at which the president is present.\n(sec.128-ssec.2) If the president is absent from an association meeting, but a vice-president of the association is present, a vice-president nominated and confirmed by majority vote at the meeting must preside.\n(sec.128-ssec.3) If neither the president or a vice-president is present at an association meeting or the offices are vacant, an association member chosen by the members present must preside.","sortOrder":170},{"sectionNumber":"sec.129","sectionType":"section","heading":"Voting","content":"### sec.129 Voting\n\nA question at an association meeting is decided by a majority of the votes of the members present.\nEach member present at an association meeting has a vote on each question to be decided, and if the votes on a question are equal, the person presiding at the meeting also has a casting vote.\n(sec.129-ssec.1) A question at an association meeting is decided by a majority of the votes of the members present.\n(sec.129-ssec.2) Each member present at an association meeting has a vote on each question to be decided, and if the votes on a question are equal, the person presiding at the meeting also has a casting vote.","sortOrder":171},{"sectionNumber":"sec.129A","sectionType":"section","heading":"Attendance at meetings","content":"### sec.129A Attendance at meetings\n\nThis section applies in relation to an association meeting if a provision of this Act requires or permits a person to physically attend the meeting.\nA person who is required or permitted to attend the association meeting may do so by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.\nteleconferencing, videoconferencing\nA person who attends an association meeting under subsection (2) is taken to be present at the meeting.\ns 129A ins 2022 No. 17 s 3\n(sec.129A-ssec.1) This section applies in relation to an association meeting if a provision of this Act requires or permits a person to physically attend the meeting.\n(sec.129A-ssec.2) A person who is required or permitted to attend the association meeting may do so by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting. teleconferencing, videoconferencing\n(sec.129A-ssec.3) A person who attends an association meeting under subsection (2) is taken to be present at the meeting.","sortOrder":172},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Subcommittees of an association","content":"# Subcommittees of an association","sortOrder":173},{"sectionNumber":"sec.130","sectionType":"section","heading":"Subcommittees","content":"### sec.130 Subcommittees\n\nAn association may establish, and appoint the members of, subcommittees, as prescribed under a regulation.\nSubcommittee meetings of an association must be called and conducted—\nin the way prescribed under a regulation; and\nsubject to a regulation made under paragraph (a) , in the way the association considers appropriate.\ns 130 amd 2006 No. 39 s 512 (2) sch 2\namd 2025 No. 24 s 29 (uncommenced amendment)\n(sec.130-ssec.1) An association may establish, and appoint the members of, subcommittees, as prescribed under a regulation.\n(sec.130-ssec.2) Subcommittee meetings of an association must be called and conducted— in the way prescribed under a regulation; and subject to a regulation made under paragraph (a) , in the way the association considers appropriate.\n- (a) in the way prescribed under a regulation; and\n- (b) subject to a regulation made under paragraph (a) , in the way the association considers appropriate.","sortOrder":174},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":"Constitution of an association","content":"# Constitution of an association","sortOrder":175},{"sectionNumber":"sec.131","sectionType":"section","heading":"Constitution","content":"### sec.131 Constitution\n\nAn association must have a constitution.\nAn association must adopt, or amend, its constitution in the way prescribed under a regulation.\nAn association’s constitution, or amendment of the constitution, has no effect unless it is approved by the chief executive.\n(sec.131-ssec.1) An association must have a constitution.\n(sec.131-ssec.2) An association must adopt, or amend, its constitution in the way prescribed under a regulation.\n(sec.131-ssec.3) An association’s constitution, or amendment of the constitution, has no effect unless it is approved by the chief executive.","sortOrder":176},{"sectionNumber":"ch.7-pt.7","sectionType":"part","heading":"Financial provisions","content":"# Financial provisions","sortOrder":177},{"sectionNumber":"sec.132","sectionType":"section","heading":"Use of money received by association","content":"### sec.132 Use of money received by association\n\nSubject to section 137 (4) , any money received by an association must be applied by the association, at the direction of the Minister, to the following purposes—\nfirstly, in paying expenses lawfully incurred by the association;\nsecondly, in achieving the objectives, and performing the functions, of an association;\nthirdly, in giving assistance under section 142A .\ns 132 amd 2025 No. 24 s 6\n- (a) firstly, in paying expenses lawfully incurred by the association;\n- (b) secondly, in achieving the objectives, and performing the functions, of an association;\n- (c) thirdly, in giving assistance under section 142A .","sortOrder":178},{"sectionNumber":"sec.133","sectionType":"section","heading":"Association is statutory body under the Statutory Bodies Financial Arrangements Act 1982","content":"### sec.133 Association is statutory body under the Statutory Bodies Financial Arrangements Act 1982\n\nAn association is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which an association’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.133-ssec.1) An association is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.133-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which an association’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":179},{"sectionNumber":"sec.134","sectionType":"section","heading":"Financial year","content":"### sec.134 Financial year\n\nAn association must have a financial year starting on 1 January in a year and ending on 31 December in the year.","sortOrder":180},{"sectionNumber":"sec.135","sectionType":"section","heading":"Audit of accounts","content":"### sec.135 Audit of accounts\n\nThe accounts of an association for each financial year must be audited as prescribed under a regulation.\nAn association must, by 31 May of the following year, give the chief executive a copy of its audited accounts for a financial year.\ns 135 amd 2009 No. 9 s 136 sch 1 ; 2024 No. 3 s 73 sch 1\n(sec.135-ssec.1) The accounts of an association for each financial year must be audited as prescribed under a regulation.\n(sec.135-ssec.2) An association must, by 31 May of the following year, give the chief executive a copy of its audited accounts for a financial year.","sortOrder":181},{"sectionNumber":"ch.7-pt.8","sectionType":"part","heading":"Relevant agreements","content":"# Relevant agreements","sortOrder":182},{"sectionNumber":"sec.136","sectionType":"section","heading":"Definition for pt 8","content":"### sec.136 Definition for pt 8\n\nIn this part—\nrelevant agreement , for an association, means an agreement benefiting persons who receive educational instruction at the State instructional institution for which the association is formed.","sortOrder":183},{"sectionNumber":"sec.137","sectionType":"section","heading":"Power to enter into relevant agreements","content":"### sec.137 Power to enter into relevant agreements\n\nDespite this Act or another Act, the Minister and an association, acting jointly or severally, may enter into a relevant agreement with any person.\nIf an association alone proposes to enter into a relevant agreement, before entering into the agreement, it must obtain the written approval of the Minister authorising it to enter into the agreement.\nAn approval under subsection (2) may be given—\ngenerally for a type of agreement; or\nfor a particular agreement.\nAn association must deal with any money it receives under a relevant agreement—\nas the Minister directs; or\notherwise—as the association believes appropriate, consistent with the objectives of an association.\nA relevant agreement entered into by an association must contain any conditions required by the Minister by notice—\ngiven to the association; or\npublished in the gazette.\nThe conditions may relate to a stated relevant agreement or relevant agreements of a stated type.\n(sec.137-ssec.1) Despite this Act or another Act, the Minister and an association, acting jointly or severally, may enter into a relevant agreement with any person.\n(sec.137-ssec.2) If an association alone proposes to enter into a relevant agreement, before entering into the agreement, it must obtain the written approval of the Minister authorising it to enter into the agreement.\n(sec.137-ssec.3) An approval under subsection (2) may be given— generally for a type of agreement; or for a particular agreement.\n(sec.137-ssec.4) An association must deal with any money it receives under a relevant agreement— as the Minister directs; or otherwise—as the association believes appropriate, consistent with the objectives of an association.\n(sec.137-ssec.5) A relevant agreement entered into by an association must contain any conditions required by the Minister by notice— given to the association; or published in the gazette.\n(sec.137-ssec.6) The conditions may relate to a stated relevant agreement or relevant agreements of a stated type.\n- (a) generally for a type of agreement; or\n- (b) for a particular agreement.\n- (a) as the Minister directs; or\n- (b) otherwise—as the association believes appropriate, consistent with the objectives of an association.\n- (a) given to the association; or\n- (b) published in the gazette.","sortOrder":184},{"sectionNumber":"sec.138","sectionType":"section","heading":"President to sign relevant agreement for an association","content":"### sec.138 President to sign relevant agreement for an association\n\nIf an association makes a resolution to enter into a relevant agreement, the association’s president may sign the agreement for the association.","sortOrder":185},{"sectionNumber":"ch.7-pt.9","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":186},{"sectionNumber":"sec.139","sectionType":"section","heading":"Regulation may provide for membership","content":"### sec.139 Regulation may provide for membership\n\nA regulation may make provision about the way in which a person becomes a member of an association.\nSubsection (1) is subject to section 118 .\nHowever, a person’s membership of an association is renewable each year at the annual general meeting of the association.\nA person who is refused membership of an association may make a submission to the Minister about the refusal, and apply, as provided under the QCAT Act , to QCAT for a review of the decision to refuse membership, as if the person had been a member of the association and been removed from the association.\ns 139 amd 2009 No. 24 s 130\namd 2025 No. 24 s 30 (uncommenced amendment)\n(sec.139-ssec.1) A regulation may make provision about the way in which a person becomes a member of an association.\n(sec.139-ssec.2) Subsection (1) is subject to section 118 .\n(sec.139-ssec.3) However, a person’s membership of an association is renewable each year at the annual general meeting of the association.\n(sec.139-ssec.4) A person who is refused membership of an association may make a submission to the Minister about the refusal, and apply, as provided under the QCAT Act , to QCAT for a review of the decision to refuse membership, as if the person had been a member of the association and been removed from the association.","sortOrder":187},{"sectionNumber":"sec.140","sectionType":"section","heading":"Register of members","content":"### sec.140 Register of members\n\nAn association must establish and maintain a register of members of the association in the way prescribed under a regulation.","sortOrder":188},{"sectionNumber":"sec.141","sectionType":"section","heading":"Protection from liability","content":"### sec.141 Protection from liability\n\nA member of an association does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a member of an association, the liability attaches instead to the State.\nThis section does not apply to a member of an association if the member is a prescribed person under the Public Sector Act 2022 , section 267 .\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\ns 141 amd 2014 No. 62 s 36 ; 2022 No. 34 s 365 sch 3\n(sec.141-ssec.1) A member of an association does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.141-ssec.2) If subsection (1) prevents a civil liability attaching to a member of an association, the liability attaches instead to the State.\n(sec.141-ssec.3) This section does not apply to a member of an association if the member is a prescribed person under the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .","sortOrder":189},{"sectionNumber":"sec.142","sectionType":"section","heading":"Association may employ","content":"### sec.142 Association may employ\n\nAn association may employ the persons it considers necessary to achieve the objectives of an association.","sortOrder":190},{"sectionNumber":"sec.142A","sectionType":"section","heading":"Giving assistance to other State instructional institutions or associations","content":"### sec.142A Giving assistance to other State instructional institutions or associations\n\nNothing in this Act prevents an association formed for a State instructional institution from giving assistance to—\nanother State instructional institution, if the institution’s ability to provide primary, secondary or special education or other educational instruction has been adversely affected by an event; or\nan accident, a deliberate act, a natural disaster\nan association formed for a State instructional institution mentioned in paragraph (a) .\nIn this section—\nassistance includes financial assistance, other resources and services.\ns 142A ins 2025 No. 24 s 7\n(sec.142A-ssec.1) Nothing in this Act prevents an association formed for a State instructional institution from giving assistance to— another State instructional institution, if the institution’s ability to provide primary, secondary or special education or other educational instruction has been adversely affected by an event; or an accident, a deliberate act, a natural disaster an association formed for a State instructional institution mentioned in paragraph (a) .\n(sec.142A-ssec.2) In this section— assistance includes financial assistance, other resources and services.\n- (a) another State instructional institution, if the institution’s ability to provide primary, secondary or special education or other educational instruction has been adversely affected by an event; or Examples of an event— an accident, a deliberate act, a natural disaster\n- (b) an association formed for a State instructional institution mentioned in paragraph (a) .","sortOrder":191},{"sectionNumber":"sec.143","sectionType":"section","heading":"Mandatory insurance cover","content":"### sec.143 Mandatory insurance cover\n\nAn association must purchase and maintain the insurance cover required by the chief executive by notice published from time-to-time in the gazette.","sortOrder":192},{"sectionNumber":"sec.144","sectionType":"section","heading":"Proceedings","content":"### sec.144 Proceedings\n\nA proceeding may be started, and conducted, in the name of an association by—\nthe association’s president; or\nanother member of the association appointed in writing for this subsection by the president.\nHowever, the Minister’s approval must be obtained before starting the proceeding.\nA proceeding may be started, and conducted, against an association in its name.\nA document starting proceedings against an association under subsection (3) , and any other document relevant to the proceedings, must be served on a member of the association’s executive committee.\nAs soon as practicable after being served with a document under subsection (4) , the person served with the document must give the chief executive a copy of the document.\nThe Minister may give an association a written direction about a proceeding started by or against the association under this section.\nThe association must comply with the direction.\n(sec.144-ssec.1) A proceeding may be started, and conducted, in the name of an association by— the association’s president; or another member of the association appointed in writing for this subsection by the president.\n(sec.144-ssec.2) However, the Minister’s approval must be obtained before starting the proceeding.\n(sec.144-ssec.3) A proceeding may be started, and conducted, against an association in its name.\n(sec.144-ssec.4) A document starting proceedings against an association under subsection (3) , and any other document relevant to the proceedings, must be served on a member of the association’s executive committee.\n(sec.144-ssec.5) As soon as practicable after being served with a document under subsection (4) , the person served with the document must give the chief executive a copy of the document.\n(sec.144-ssec.6) The Minister may give an association a written direction about a proceeding started by or against the association under this section.\n(sec.144-ssec.7) The association must comply with the direction.\n- (a) the association’s president; or\n- (b) another member of the association appointed in writing for this subsection by the president.","sortOrder":193},{"sectionNumber":"sec.145","sectionType":"section","heading":"Notice of claim given under Personal Injuries Proceedings Act 2002 , s 9 (1)","content":"### sec.145 Notice of claim given under Personal Injuries Proceedings Act 2002 , s 9 (1)\n\nA notice of a claim required to be given to an association under the PIP Act , section 9 (1) must be given to a member of the association’s executive committee.\nAs soon as practicable after receiving a notice of a claim under subsection (1) , the person who receives the notice must give the chief executive a copy of the notice.\nThe Minister may give an association a written direction about a notice of a claim given to the association under the PIP Act , section 9 (1) .\nThe association must comply with the direction.\nIn this section—\nclaim see the PIP Act , schedule.\nPIP Act means the Personal Injuries Proceedings Act 2002 .\n(sec.145-ssec.1) A notice of a claim required to be given to an association under the PIP Act , section 9 (1) must be given to a member of the association’s executive committee.\n(sec.145-ssec.2) As soon as practicable after receiving a notice of a claim under subsection (1) , the person who receives the notice must give the chief executive a copy of the notice.\n(sec.145-ssec.3) The Minister may give an association a written direction about a notice of a claim given to the association under the PIP Act , section 9 (1) .\n(sec.145-ssec.4) The association must comply with the direction.\n(sec.145-ssec.5) In this section— claim see the PIP Act , schedule. PIP Act means the Personal Injuries Proceedings Act 2002 .","sortOrder":194},{"sectionNumber":"sec.146","sectionType":"section","heading":"Authority of an association","content":"### sec.146 Authority of an association\n\nSubsection (2) applies to a State instructional institution for which an association is formed.\nWithout derogating from the authority of the institution’s principal in the principal’s capacity as the person in charge of the institution, the association may exercise the authority in relation to the institution that is consistent with the functions of an association.\nAn association must not exercise any authority over the teaching staff, or over the control or management, of the State instructional institution for which the association is formed.\n(sec.146-ssec.1) Subsection (2) applies to a State instructional institution for which an association is formed.\n(sec.146-ssec.2) Without derogating from the authority of the institution’s principal in the principal’s capacity as the person in charge of the institution, the association may exercise the authority in relation to the institution that is consistent with the functions of an association.\n(sec.146-ssec.3) An association must not exercise any authority over the teaching staff, or over the control or management, of the State instructional institution for which the association is formed.","sortOrder":195},{"sectionNumber":"sec.147","sectionType":"section","heading":"Disclosure of interests by members of an association","content":"### sec.147 Disclosure of interests by members of an association\n\nThis section applies to a member of a relevant entity (the interested member ) if—\nthe interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the entity; and\nthe interest could conflict with the proper performance of the interested member’s duties in relation to the consideration of the issue.\nAs soon as practicable after the relevant facts come to the interested member’s knowledge, the interested member must disclose the nature of the interest to a meeting of the entity.\nUnless the entity otherwise directs, the interested member must not—\nbe present when the entity considers the issue; or\ntake part in a decision of the entity about the issue.\nThe interested member must not be present when the entity is considering whether to give a direction under subsection (3) .\nIf there is another member of the entity who must, under subsection (2) , also disclose an interest in the issue, the other member must not—\nbe present when the entity is considering whether to give a direction under subsection (3) ; or\ntake part in making the decision about giving the direction.\nIf—\nbecause of this section, a member of the entity is not present at an entity meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum for the entity if the member were present;\nthe remaining members present are a quorum for the entity for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\nA disclosure under subsection (2) must be recorded in the entity’s minutes.\nIn this section—\nrelevant entity means—\nan association; or\nthe executive committee, or a subcommittee, of an association.\n(sec.147-ssec.1) This section applies to a member of a relevant entity (the interested member ) if— the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the entity; and the interest could conflict with the proper performance of the interested member’s duties in relation to the consideration of the issue.\n(sec.147-ssec.2) As soon as practicable after the relevant facts come to the interested member’s knowledge, the interested member must disclose the nature of the interest to a meeting of the entity.\n(sec.147-ssec.3) Unless the entity otherwise directs, the interested member must not— be present when the entity considers the issue; or take part in a decision of the entity about the issue.\n(sec.147-ssec.4) The interested member must not be present when the entity is considering whether to give a direction under subsection (3) .\n(sec.147-ssec.5) If there is another member of the entity who must, under subsection (2) , also disclose an interest in the issue, the other member must not— be present when the entity is considering whether to give a direction under subsection (3) ; or take part in making the decision about giving the direction.\n(sec.147-ssec.6) If— because of this section, a member of the entity is not present at an entity meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum for the entity if the member were present; the remaining members present are a quorum for the entity for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\n(sec.147-ssec.7) A disclosure under subsection (2) must be recorded in the entity’s minutes.\n(sec.147-ssec.8) In this section— relevant entity means— an association; or the executive committee, or a subcommittee, of an association.\n- (a) the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the entity; and\n- (b) the interest could conflict with the proper performance of the interested member’s duties in relation to the consideration of the issue.\n- (a) be present when the entity considers the issue; or\n- (b) take part in a decision of the entity about the issue.\n- (a) be present when the entity is considering whether to give a direction under subsection (3) ; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a member of the entity is not present at an entity meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum for the entity if the member were present;\n- (a) an association; or\n- (b) the executive committee, or a subcommittee, of an association.","sortOrder":196},{"sectionNumber":"sec.148","sectionType":"section","heading":"Honorary life membership of an association","content":"### sec.148 Honorary life membership of an association\n\nAn association, other than an interim parents and citizens association, may decide to award honorary life membership of the association to a person who is or was a member of the association.\nThe only basis for the award may be that the person has given long and meritorious service to the association.\nThe decision must be made by a two-third majority vote of the members present at an annual general meeting of the association.\nA person who is the subject of a proposed resolution to award the person honorary life membership of an association must not—\nbe present during discussions about the proposal, or voting on it, at a meeting of the association; and\nif the person is a member of the association—exercise the member’s right to vote on the proposal, despite section 129 (2) .\n(sec.148-ssec.1) An association, other than an interim parents and citizens association, may decide to award honorary life membership of the association to a person who is or was a member of the association.\n(sec.148-ssec.2) The only basis for the award may be that the person has given long and meritorious service to the association.\n(sec.148-ssec.3) The decision must be made by a two-third majority vote of the members present at an annual general meeting of the association.\n(sec.148-ssec.4) A person who is the subject of a proposed resolution to award the person honorary life membership of an association must not— be present during discussions about the proposal, or voting on it, at a meeting of the association; and if the person is a member of the association—exercise the member’s right to vote on the proposal, despite section 129 (2) .\n- (a) be present during discussions about the proposal, or voting on it, at a meeting of the association; and\n- (b) if the person is a member of the association—exercise the member’s right to vote on the proposal, despite section 129 (2) .","sortOrder":197},{"sectionNumber":"ch.7-pt.10","sectionType":"part","heading":"Removal of members and officers of an association","content":"# Removal of members and officers of an association","sortOrder":198},{"sectionNumber":"sec.149","sectionType":"section","heading":"Definitions for pt 10","content":"### sec.149 Definitions for pt 10\n\nIn this part—\nnominated person , for an association, means a person who is a member, or a member and officer, of the association.\nnotice of removal means a notice, under section 152 (3) , from an association to a nominated person for the association removing the nominated person.\nremove , a nominated person for an association, means—\nif the person is a member only of the association—remove the person as a member of the association; or\nif the person is a member of the association and one of its officers—remove the person as a member and officer of the association, or as an officer of the association only.\nremoved person see section 153 (1) .\n- (a) if the person is a member only of the association—remove the person as a member of the association; or\n- (b) if the person is a member of the association and one of its officers—remove the person as a member and officer of the association, or as an officer of the association only.","sortOrder":199},{"sectionNumber":"sec.150","sectionType":"section","heading":"Removal of nominated person","content":"### sec.150 Removal of nominated person\n\nAn association may remove a nominated person for the association only under this part.","sortOrder":200},{"sectionNumber":"sec.151","sectionType":"section","heading":"Grounds for removal","content":"### sec.151 Grounds for removal\n\nEach of the following is a ground for removing a nominated person for an association—\nthe nominated person is convicted of an indictable offence;\nthe nominated person, without reasonable excuse, contravenes this Act or the association’s constitution;\nfor a nominated person who is an officer of the association—the nominated person, without reasonable excuse, fails to perform the duties of the office held in a competent manner;\nthe nominated person engages in other conduct that is injurious or prejudicial to—\nthe promotion of the interests of, or the facilitating of the development and further improvement of, the State instructional institution, or proposed State instructional institution, for which the association is formed; or\nthe good order and management of the State instructional institution, or proposed State instructional institution, for which the association is formed.\n- (a) the nominated person is convicted of an indictable offence;\n- (b) the nominated person, without reasonable excuse, contravenes this Act or the association’s constitution;\n- (c) for a nominated person who is an officer of the association—the nominated person, without reasonable excuse, fails to perform the duties of the office held in a competent manner;\n- (d) the nominated person engages in other conduct that is injurious or prejudicial to— (i) the promotion of the interests of, or the facilitating of the development and further improvement of, the State instructional institution, or proposed State instructional institution, for which the association is formed; or (ii) the good order and management of the State instructional institution, or proposed State instructional institution, for which the association is formed.\n- (i) the promotion of the interests of, or the facilitating of the development and further improvement of, the State instructional institution, or proposed State instructional institution, for which the association is formed; or\n- (ii) the good order and management of the State instructional institution, or proposed State instructional institution, for which the association is formed.\n- (i) the promotion of the interests of, or the facilitating of the development and further improvement of, the State instructional institution, or proposed State instructional institution, for which the association is formed; or\n- (ii) the good order and management of the State instructional institution, or proposed State instructional institution, for which the association is formed.","sortOrder":201},{"sectionNumber":"sec.152","sectionType":"section","heading":"Procedure for removal of nominated person","content":"### sec.152 Procedure for removal of nominated person\n\nIf an association considers a ground exists to remove a nominated person for the association, the association must give the nominated person a notice stating the following—\nthe action (the proposed action ) the association proposes taking under this part;\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nan invitation to the nominated person to show, within a stated time of at least 14 days, why the proposed action should not be taken.\nIf, after considering all written representations made within the stated time, the association still considers a ground to take the proposed action exists, the association may—\nif the proposed action was to remove the nominated person as a member only—remove the nominated person as a member; or\nif the proposed action was to remove the nominated person as an officer only—remove the nominated person as an officer; or\nif the proposed action was to remove the nominated person as both a member and an officer—remove the nominated person as both a member and an officer, or as an officer only.\nThe association must notify the nominated person of the decision.\nThe notice must be given within 14 days after the association makes its decision.\nIf the association decides to remove the nominated person, the notice must state—\nthe reasons for the decision; and\nthe day, under subsection (6) , on which the decision takes effect; and\nthat the person may make a submission to the Minister against the decision; and\nthe name and address of the Minister; and\nthe way in which the submission may be made.\nThe decision takes effect on the later of the following—\nthe day the notice is given to the nominated person;\nthe day of effect stated in the notice.\nHowever, if the nominated person is removed from office because of the conviction of the person for an indictable offence—\nthe removal does not take effect until—\nthe end of the time to appeal against the conviction; and\nif an appeal is made against the conviction—the appeal is finally decided; and\nthe removal has no effect if the conviction is quashed on appeal.\n(sec.152-ssec.1) If an association considers a ground exists to remove a nominated person for the association, the association must give the nominated person a notice stating the following— the action (the proposed action ) the association proposes taking under this part; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; an invitation to the nominated person to show, within a stated time of at least 14 days, why the proposed action should not be taken.\n(sec.152-ssec.2) If, after considering all written representations made within the stated time, the association still considers a ground to take the proposed action exists, the association may— if the proposed action was to remove the nominated person as a member only—remove the nominated person as a member; or if the proposed action was to remove the nominated person as an officer only—remove the nominated person as an officer; or if the proposed action was to remove the nominated person as both a member and an officer—remove the nominated person as both a member and an officer, or as an officer only.\n(sec.152-ssec.3) The association must notify the nominated person of the decision.\n(sec.152-ssec.4) The notice must be given within 14 days after the association makes its decision.\n(sec.152-ssec.5) If the association decides to remove the nominated person, the notice must state— the reasons for the decision; and the day, under subsection (6) , on which the decision takes effect; and that the person may make a submission to the Minister against the decision; and the name and address of the Minister; and the way in which the submission may be made.\n(sec.152-ssec.6) The decision takes effect on the later of the following— the day the notice is given to the nominated person; the day of effect stated in the notice.\n(sec.152-ssec.7) However, if the nominated person is removed from office because of the conviction of the person for an indictable offence— the removal does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided; and the removal has no effect if the conviction is quashed on appeal.\n- (a) the action (the proposed action ) the association proposes taking under this part;\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) an invitation to the nominated person to show, within a stated time of at least 14 days, why the proposed action should not be taken.\n- (a) if the proposed action was to remove the nominated person as a member only—remove the nominated person as a member; or\n- (b) if the proposed action was to remove the nominated person as an officer only—remove the nominated person as an officer; or\n- (c) if the proposed action was to remove the nominated person as both a member and an officer—remove the nominated person as both a member and an officer, or as an officer only.\n- (a) the reasons for the decision; and\n- (b) the day, under subsection (6) , on which the decision takes effect; and\n- (c) that the person may make a submission to the Minister against the decision; and\n- (d) the name and address of the Minister; and\n- (e) the way in which the submission may be made.\n- (a) the day the notice is given to the nominated person;\n- (b) the day of effect stated in the notice.\n- (a) the removal does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided; and\n- (i) the end of the time to appeal against the conviction; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided; and\n- (b) the removal has no effect if the conviction is quashed on appeal.\n- (i) the end of the time to appeal against the conviction; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided; and","sortOrder":202},{"sectionNumber":"sec.153","sectionType":"section","heading":"Submissions against removal","content":"### sec.153 Submissions against removal\n\nA nominated person for an association (the removed person ) removed by the association under section 152 may make a submission against the removal to the Minister.\nThe submission must—\nbe in writing; and\ninclude an address in Australia to which notices for the removed person may be sent; and\nstate fully the grounds for the submission and the facts relied on; and\ninclude a copy of the notice of removal given to the person.\nThe submission must be given to the Minister—\nwithin 14 days of the notice of removal being given to the removed person; or\nif the Minister allows a later time for giving the submission—the later time.\nHowever, if the removed person resigns or purports to resign from the association as a member or officer after receipt of the notice of removal, the removed person may not make a submission under subsection (1) .\n(sec.153-ssec.1) A nominated person for an association (the removed person ) removed by the association under section 152 may make a submission against the removal to the Minister.\n(sec.153-ssec.2) The submission must— be in writing; and include an address in Australia to which notices for the removed person may be sent; and state fully the grounds for the submission and the facts relied on; and include a copy of the notice of removal given to the person.\n(sec.153-ssec.3) The submission must be given to the Minister— within 14 days of the notice of removal being given to the removed person; or if the Minister allows a later time for giving the submission—the later time.\n(sec.153-ssec.4) However, if the removed person resigns or purports to resign from the association as a member or officer after receipt of the notice of removal, the removed person may not make a submission under subsection (1) .\n- (a) be in writing; and\n- (b) include an address in Australia to which notices for the removed person may be sent; and\n- (c) state fully the grounds for the submission and the facts relied on; and\n- (d) include a copy of the notice of removal given to the person.\n- (a) within 14 days of the notice of removal being given to the removed person; or\n- (b) if the Minister allows a later time for giving the submission—the later time.","sortOrder":203},{"sectionNumber":"sec.154","sectionType":"section","heading":"Dealing with submissions against removal","content":"### sec.154 Dealing with submissions against removal\n\nIf a submission is made by a removed person under section 153 , the Minister must, as soon as practicable, consider the decision the subject of the submission (the removal decision ) and the submission.\nAfter reviewing the removal decision, the Minister must make a further decision (the review decision ) to—\nconfirm the removal decision; or\namend the removal decision; or\nsubstitute another decision for the removal decision.\nThe Minister must, as soon as practicable, give a notice complying with the QCAT Act , section 157 (2) .\nSee chapter 15 , part 4 for review of the decision by QCAT.\ns 154 amd 2009 No. 24 s 131 ; 2014 No. 62 s 37\n_____\nch 7 pt 11 hdg ins 2025 No. 24 s 31 (uncommenced amendment)\nch 7 pt 11 div 1 (ss 154A–154B) ins 2025 No. 24 s 31 (uncommenced amendment)\nch 7 pt 11 div 2 (ss 154C–154G) ins 2025 No. 24 s 31 (uncommenced amendment)\nch 7 pt 11 div 3 (ss 154H–154L) ins 2025 No. 24 s 31 (uncommenced amendment)\n(sec.154-ssec.1) If a submission is made by a removed person under section 153 , the Minister must, as soon as practicable, consider the decision the subject of the submission (the removal decision ) and the submission.\n(sec.154-ssec.2) After reviewing the removal decision, the Minister must make a further decision (the review decision ) to— confirm the removal decision; or amend the removal decision; or substitute another decision for the removal decision.\n(sec.154-ssec.3) The Minister must, as soon as practicable, give a notice complying with the QCAT Act , section 157 (2) . See chapter 15 , part 4 for review of the decision by QCAT.\n- (a) confirm the removal decision; or\n- (b) amend the removal decision; or\n- (c) substitute another decision for the removal decision.","sortOrder":204},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Applications for enrolment","content":"# Applications for enrolment","sortOrder":205},{"sectionNumber":"ch.8-pt.1-div.1","sectionType":"division","heading":"Requirements for enrolment","content":"## Requirements for enrolment","sortOrder":206},{"sectionNumber":"sec.155","sectionType":"section","heading":"Application","content":"### sec.155 Application\n\nAn application for the enrolment of a person (the prospective student ) at a State school must—\nbe made to the school’s principal; and\nbe made in the approved form; and\nbe accompanied by—\nsatisfactory evidence that the applicant is eligible to apply for the enrolment; and\nany other documents, identified in the form, the principal reasonably requires to decide the application.\nThe application may only be made by—\nif the prospective student is a child—a parent of the child; or\nif the prospective student is an adult—the prospective student.\nDespite subsection (2) (a) , if the prospective student is a child, the principal may deal with an application for enrolment at the school made by the child if the principal reasonably believes it is in the child’s best interests for the child to make the application.\nAn application for enrolment as a mature age student of a mature age State school must also comply with section 155B .\ns 155 amd 2014 No. 62 s 68\n(sec.155-ssec.1) An application for the enrolment of a person (the prospective student ) at a State school must— be made to the school’s principal; and be made in the approved form; and be accompanied by— satisfactory evidence that the applicant is eligible to apply for the enrolment; and any other documents, identified in the form, the principal reasonably requires to decide the application.\n(sec.155-ssec.2) The application may only be made by— if the prospective student is a child—a parent of the child; or if the prospective student is an adult—the prospective student.\n(sec.155-ssec.3) Despite subsection (2) (a) , if the prospective student is a child, the principal may deal with an application for enrolment at the school made by the child if the principal reasonably believes it is in the child’s best interests for the child to make the application.\n(sec.155-ssec.4) An application for enrolment as a mature age student of a mature age State school must also comply with section 155B .\n- (a) be made to the school’s principal; and\n- (b) be made in the approved form; and\n- (c) be accompanied by— (i) satisfactory evidence that the applicant is eligible to apply for the enrolment; and (ii) any other documents, identified in the form, the principal reasonably requires to decide the application.\n- (i) satisfactory evidence that the applicant is eligible to apply for the enrolment; and\n- (ii) any other documents, identified in the form, the principal reasonably requires to decide the application.\n- (i) satisfactory evidence that the applicant is eligible to apply for the enrolment; and\n- (ii) any other documents, identified in the form, the principal reasonably requires to decide the application.\n- (a) if the prospective student is a child—a parent of the child; or\n- (b) if the prospective student is an adult—the prospective student.","sortOrder":207},{"sectionNumber":"sec.155A","sectionType":"section","heading":"Eligibility to apply for enrolment—adults","content":"### sec.155A Eligibility to apply for enrolment—adults\n\nAn adult, other than a student visa holder, is only eligible to apply for enrolment—\nat a mature age State school; or\nas a student in a program of distance education.\nDespite subsection (1) , an adult may apply for enrolment at a State school if—\nthe adult has previously been enrolled at a non-State school or State educational institution (the previous school or institution ) and on the day of enrolment at the previous school or institution was a child; and\nthe adult’s proposed first day of attendance at the State school is not more than 12 months after the day the adult last attended the previous school or institution.\ns 155A ins 2014 No. 62 s 69\n(sec.155A-ssec.1) An adult, other than a student visa holder, is only eligible to apply for enrolment— at a mature age State school; or as a student in a program of distance education.\n(sec.155A-ssec.2) Despite subsection (1) , an adult may apply for enrolment at a State school if— the adult has previously been enrolled at a non-State school or State educational institution (the previous school or institution ) and on the day of enrolment at the previous school or institution was a child; and the adult’s proposed first day of attendance at the State school is not more than 12 months after the day the adult last attended the previous school or institution.\n- (a) at a mature age State school; or\n- (b) as a student in a program of distance education.\n- (a) the adult has previously been enrolled at a non-State school or State educational institution (the previous school or institution ) and on the day of enrolment at the previous school or institution was a child; and\n- (b) the adult’s proposed first day of attendance at the State school is not more than 12 months after the day the adult last attended the previous school or institution.","sortOrder":208},{"sectionNumber":"sec.155B","sectionType":"section","heading":"Additional requirements for application for enrolment as mature age student","content":"### sec.155B Additional requirements for application for enrolment as mature age student\n\nAn application for the enrolment of a person as a mature age student of a mature age State school must—\ninclude the applicant’s consent for the school’s principal to obtain the applicant’s criminal history under chapter 8A ; and\nbe accompanied by the criminal history check fee prescribed by regulation.\nThe applicant may give the principal notice of the withdrawal of the application at any time before it is decided.\nOn receiving the application, the principal may ask the applicant, orally or in writing, for further information the principal reasonably needs to establish the applicant’s identity.\nThe applicant is taken to have withdrawn the application if—\nthe principal gives the applicant a notice—\nasking the applicant to provide, within a reasonable stated time, stated information the principal reasonably needs to establish the applicant’s identity; and\nstating that, if the applicant does not comply with the request, the applicant’s application will be taken to have been withdrawn; and\nthe applicant does not comply with the request within the stated time; and\nthe principal can not establish with certainty the applicant’s identity; and\nthe principal gives the applicant a notice stating that the applicant is taken to have withdrawn the application.\ns 155B ins 2014 No. 62 s 69\namd 2018 No. 1 s 150 sch 2\n(sec.155B-ssec.1) An application for the enrolment of a person as a mature age student of a mature age State school must— include the applicant’s consent for the school’s principal to obtain the applicant’s criminal history under chapter 8A ; and be accompanied by the criminal history check fee prescribed by regulation.\n(sec.155B-ssec.2) The applicant may give the principal notice of the withdrawal of the application at any time before it is decided.\n(sec.155B-ssec.3) On receiving the application, the principal may ask the applicant, orally or in writing, for further information the principal reasonably needs to establish the applicant’s identity.\n(sec.155B-ssec.4) The applicant is taken to have withdrawn the application if— the principal gives the applicant a notice— asking the applicant to provide, within a reasonable stated time, stated information the principal reasonably needs to establish the applicant’s identity; and stating that, if the applicant does not comply with the request, the applicant’s application will be taken to have been withdrawn; and the applicant does not comply with the request within the stated time; and the principal can not establish with certainty the applicant’s identity; and the principal gives the applicant a notice stating that the applicant is taken to have withdrawn the application.\n- (a) include the applicant’s consent for the school’s principal to obtain the applicant’s criminal history under chapter 8A ; and\n- (b) be accompanied by the criminal history check fee prescribed by regulation.\n- (a) the principal gives the applicant a notice— (i) asking the applicant to provide, within a reasonable stated time, stated information the principal reasonably needs to establish the applicant’s identity; and (ii) stating that, if the applicant does not comply with the request, the applicant’s application will be taken to have been withdrawn; and\n- (i) asking the applicant to provide, within a reasonable stated time, stated information the principal reasonably needs to establish the applicant’s identity; and\n- (ii) stating that, if the applicant does not comply with the request, the applicant’s application will be taken to have been withdrawn; and\n- (b) the applicant does not comply with the request within the stated time; and\n- (c) the principal can not establish with certainty the applicant’s identity; and\n- (d) the principal gives the applicant a notice stating that the applicant is taken to have withdrawn the application.\n- (i) asking the applicant to provide, within a reasonable stated time, stated information the principal reasonably needs to establish the applicant’s identity; and\n- (ii) stating that, if the applicant does not comply with the request, the applicant’s application will be taken to have been withdrawn; and","sortOrder":209},{"sectionNumber":"sec.156","sectionType":"section","heading":"Enrolment","content":"### sec.156 Enrolment\n\nSubject to subsections (1A) , (2) and (3) , the principal must enrol the prospective student at the school if the prospective student is entitled under this Act to be enrolled at the school.\nThe principal must not enrol a child in year 1 of schooling at the school unless satisfied the child—\nhas undertaken a preparatory year at a State school or non-State school; or\nhas undertaken education in another State or country that is equivalent to the preparatory year; or\nwas registered, or provisionally registered, for home education in the year before the proposed year of the child’s enrolment in year 1 of schooling at the school; or\nis otherwise ready to be enrolled in year 1 of schooling at the school, considering the child’s attributes.\nIf the principal reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the principal must refer the application to the chief executive to be dealt with under division 2 .\nIf the prospective student applied for enrolment as a mature age student of a mature age State school, the school’s principal must, as part of the principal’s consideration of unacceptable risk under subsection (2) , consider the following for each conviction or charge of the student for an offence mentioned in the written report about the student’s criminal history obtained under chapter 8A —\nwhether the offence is a serious offence or a disqualifying offence;\nwhen the offence was committed or is alleged to have been committed;\nthe nature of the offence and its relevance to the prospective student being a mature age student of the school;\nfor a conviction—whether a penalty was imposed, and the nature of the penalty.\nIf the school is a special school, the principal must refer the application to the chief executive to be dealt with under division 3 .\ns 156 amd 2014 No. 62 s 70 ; 2016 No. 46 s 8 ; 2024 No. 50 s 140 sch 1\namd 2025 No. 24 s 32 (uncommenced amendment)\n(sec.156-ssec.1) Subject to subsections (1A) , (2) and (3) , the principal must enrol the prospective student at the school if the prospective student is entitled under this Act to be enrolled at the school.\n(sec.156-ssec.1A) The principal must not enrol a child in year 1 of schooling at the school unless satisfied the child— has undertaken a preparatory year at a State school or non-State school; or has undertaken education in another State or country that is equivalent to the preparatory year; or was registered, or provisionally registered, for home education in the year before the proposed year of the child’s enrolment in year 1 of schooling at the school; or is otherwise ready to be enrolled in year 1 of schooling at the school, considering the child’s attributes.\n(sec.156-ssec.2) If the principal reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the principal must refer the application to the chief executive to be dealt with under division 2 .\n(sec.156-ssec.2A) If the prospective student applied for enrolment as a mature age student of a mature age State school, the school’s principal must, as part of the principal’s consideration of unacceptable risk under subsection (2) , consider the following for each conviction or charge of the student for an offence mentioned in the written report about the student’s criminal history obtained under chapter 8A — whether the offence is a serious offence or a disqualifying offence; when the offence was committed or is alleged to have been committed; the nature of the offence and its relevance to the prospective student being a mature age student of the school; for a conviction—whether a penalty was imposed, and the nature of the penalty.\n(sec.156-ssec.3) If the school is a special school, the principal must refer the application to the chief executive to be dealt with under division 3 .\n- (a) has undertaken a preparatory year at a State school or non-State school; or\n- (b) has undertaken education in another State or country that is equivalent to the preparatory year; or\n- (c) was registered, or provisionally registered, for home education in the year before the proposed year of the child’s enrolment in year 1 of schooling at the school; or\n- (d) is otherwise ready to be enrolled in year 1 of schooling at the school, considering the child’s attributes.\n- (a) whether the offence is a serious offence or a disqualifying offence;\n- (b) when the offence was committed or is alleged to have been committed;\n- (c) the nature of the offence and its relevance to the prospective student being a mature age student of the school;\n- (d) for a conviction—whether a penalty was imposed, and the nature of the penalty.","sortOrder":210},{"sectionNumber":"ch.8-pt.1-div.2","sectionType":"division","heading":"Applications relating to prospective students who are a risk to the safety or wellbeing of certain persons","content":"## Applications relating to prospective students who are a risk to the safety or wellbeing of certain persons","sortOrder":211},{"sectionNumber":"sec.157","sectionType":"section","heading":"Application of div 2","content":"### sec.157 Application of div 2\n\nThis division applies if a State school’s principal, under section 156 (2) , refers an application for enrolment of a prospective student at the school to the chief executive.","sortOrder":212},{"sectionNumber":"sec.158","sectionType":"section","heading":"Not a risk to safety or wellbeing","content":"### sec.158 Not a risk to safety or wellbeing\n\nSubsection (2) applies if the chief executive does not reasonably believe the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community.\nThe chief executive must, as soon as practicable, refer the application back to the principal to be dealt with under section 156 .\nIf the application is referred back to the principal under subsection (2) , section 156 (2) does not apply to the application.\n(sec.158-ssec.1) Subsection (2) applies if the chief executive does not reasonably believe the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community.\n(sec.158-ssec.2) The chief executive must, as soon as practicable, refer the application back to the principal to be dealt with under section 156 .\n(sec.158-ssec.3) If the application is referred back to the principal under subsection (2) , section 156 (2) does not apply to the application.","sortOrder":213},{"sectionNumber":"sec.159","sectionType":"section","heading":"Risk to safety or wellbeing","content":"### sec.159 Risk to safety or wellbeing\n\nIf the chief executive reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the chief executive must give the applicant a notice (a show cause notice ) stating the following—\nthat the chief executive proposes to decide to refuse enrolment of the prospective student at the school (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nan invitation to the applicant to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 14 days after the show cause notice is given to the applicant.\n(sec.159-ssec.1) If the chief executive reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the chief executive must give the applicant a notice (a show cause notice ) stating the following— that the chief executive proposes to decide to refuse enrolment of the prospective student at the school (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; an invitation to the applicant to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.159-ssec.2) The show cause period must be a period ending at least 14 days after the show cause notice is given to the applicant.\n- (a) that the chief executive proposes to decide to refuse enrolment of the prospective student at the school (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) an invitation to the applicant to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":214},{"sectionNumber":"sec.160","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.160 Representations about show cause notice\n\nThe applicant may make written representations about the show cause notice to the chief executive in the show cause period.\nThe chief executive must consider all written representations (the accepted representations ) made under subsection (1) .\n(sec.160-ssec.1) The applicant may make written representations about the show cause notice to the chief executive in the show cause period.\n(sec.160-ssec.2) The chief executive must consider all written representations (the accepted representations ) made under subsection (1) .","sortOrder":215},{"sectionNumber":"sec.161","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.161 Ending show cause process without further action\n\nIf, after considering any accepted representations for the show cause notice, the chief executive does not reasonably believe the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the chief executive—\nmust not take further action about the show cause notice; and\nmust, as soon as practicable, give notice to the applicant that no further action is to be taken about the show cause notice; and\nmust, as soon as practicable, refer the application back to the principal to be dealt with under section 156 .\nIf the application is referred back to the principal under subsection (1) (c) , section 156 (2) does not apply to the application.\n(sec.161-ssec.1) If, after considering any accepted representations for the show cause notice, the chief executive does not reasonably believe the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community, the chief executive— must not take further action about the show cause notice; and must, as soon as practicable, give notice to the applicant that no further action is to be taken about the show cause notice; and must, as soon as practicable, refer the application back to the principal to be dealt with under section 156 .\n(sec.161-ssec.2) If the application is referred back to the principal under subsection (1) (c) , section 156 (2) does not apply to the application.\n- (a) must not take further action about the show cause notice; and\n- (b) must, as soon as practicable, give notice to the applicant that no further action is to be taken about the show cause notice; and\n- (c) must, as soon as practicable, refer the application back to the principal to be dealt with under section 156 .","sortOrder":216},{"sectionNumber":"sec.162","sectionType":"section","heading":"Refusal of enrolment","content":"### sec.162 Refusal of enrolment\n\nThis section applies if, after considering any accepted representations for the show cause notice, the chief executive reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community.\nThis section also applies if there are no accepted representations for the show cause notice.\nThe chief executive must decide to refuse enrolment of the prospective student at the school.\nThe chief executive must as soon as practicable—\ngive an information notice about the decision to the applicant; and\ngive the principal notice of the decision.\nIf the chief executive decides to refuse enrolment of the prospective student at the school under this section, the decision is binding on the principal.\n(sec.162-ssec.1) This section applies if, after considering any accepted representations for the show cause notice, the chief executive reasonably believes the prospective student would, if enrolled at the school, pose an unacceptable risk to the safety or wellbeing of members of the school community.\n(sec.162-ssec.2) This section also applies if there are no accepted representations for the show cause notice.\n(sec.162-ssec.3) The chief executive must decide to refuse enrolment of the prospective student at the school.\n(sec.162-ssec.4) The chief executive must as soon as practicable— give an information notice about the decision to the applicant; and give the principal notice of the decision.\n(sec.162-ssec.5) If the chief executive decides to refuse enrolment of the prospective student at the school under this section, the decision is binding on the principal.\n- (a) give an information notice about the decision to the applicant; and\n- (b) give the principal notice of the decision.","sortOrder":217},{"sectionNumber":"sec.163","sectionType":"section","heading":"Time limit on making another application for enrolment","content":"### sec.163 Time limit on making another application for enrolment\n\nIf the applicant is given an information notice under section 162 (4) , a later application for enrolment of the prospective student at the school may not be made within 1 year after the giving of the information notice.","sortOrder":218},{"sectionNumber":"ch.8-pt.1-div.3","sectionType":"division","heading":"Enrolment at special schools","content":"## Enrolment at special schools","sortOrder":219},{"sectionNumber":"sec.164","sectionType":"section","heading":"Application of div 3","content":"### sec.164 Application of div 3\n\nThis division applies if a special school’s principal, under section 156 (3) , refers an application for enrolment of a prospective student at the school to the chief executive.","sortOrder":220},{"sectionNumber":"sec.165","sectionType":"section","heading":"Definition for div 3","content":"### sec.165 Definition for div 3\n\nFor this division, a person with a disability is a person who is decided, under a policy approved under subsection (2) , to be unlikely to attain the levels of development of which the person is capable unless the person receives special education.\nThe Minister must approve a policy about the criteria to be considered in deciding whether a person is a person with a disability.\nThe chief executive must keep a copy of a policy approved under subsection (2) available for inspection and permit a person—\nto inspect the policy without fee; and\nto take extracts from the policy without fee.\nFor subsection (3) —\na copy of the policy—\nmust be kept at the head office of the department; and\nmay be kept at any other place the chief executive considers appropriate; and\nthe copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\nAlso, the chief executive must supply a copy of a policy approved under subsection (2) , or a part of the policy, to a person on request, without fee.\nIn addition, the chief executive must keep a copy of a policy approved under subsection (2) on the department’s website.\ns 165 amd 2014 No. 62 s 38 ; 2018 No. 1 s 150 sch 2\n(sec.165-ssec.1) For this division, a person with a disability is a person who is decided, under a policy approved under subsection (2) , to be unlikely to attain the levels of development of which the person is capable unless the person receives special education.\n(sec.165-ssec.2) The Minister must approve a policy about the criteria to be considered in deciding whether a person is a person with a disability.\n(sec.165-ssec.3) The chief executive must keep a copy of a policy approved under subsection (2) available for inspection and permit a person— to inspect the policy without fee; and to take extracts from the policy without fee.\n(sec.165-ssec.4) For subsection (3) — a copy of the policy— must be kept at the head office of the department; and may be kept at any other place the chief executive considers appropriate; and the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\n(sec.165-ssec.5) Also, the chief executive must supply a copy of a policy approved under subsection (2) , or a part of the policy, to a person on request, without fee.\n(sec.165-ssec.6) In addition, the chief executive must keep a copy of a policy approved under subsection (2) on the department’s website.\n- (a) to inspect the policy without fee; and\n- (b) to take extracts from the policy without fee.\n- (a) a copy of the policy— (i) must be kept at the head office of the department; and (ii) may be kept at any other place the chief executive considers appropriate; and\n- (i) must be kept at the head office of the department; and\n- (ii) may be kept at any other place the chief executive considers appropriate; and\n- (b) the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\n- (i) must be kept at the head office of the department; and\n- (ii) may be kept at any other place the chief executive considers appropriate; and","sortOrder":221},{"sectionNumber":"sec.166","sectionType":"section","heading":"Requirements for enrolment satisfied","content":"### sec.166 Requirements for enrolment satisfied\n\nSubsection (2) applies if the chief executive is satisfied—\nthe prospective student is a person with a disability; and\nthe special school is able to cater for the educational needs of the prospective student.\nThe chief executive must, as soon as practicable, refer the application back to the principal to be dealt with under section 156 .\nIf the application is referred back to the principal under subsection (2) , section 156 (3) does not apply to the application.\n(sec.166-ssec.1) Subsection (2) applies if the chief executive is satisfied— the prospective student is a person with a disability; and the special school is able to cater for the educational needs of the prospective student.\n(sec.166-ssec.2) The chief executive must, as soon as practicable, refer the application back to the principal to be dealt with under section 156 .\n(sec.166-ssec.3) If the application is referred back to the principal under subsection (2) , section 156 (3) does not apply to the application.\n- (a) the prospective student is a person with a disability; and\n- (b) the special school is able to cater for the educational needs of the prospective student.","sortOrder":222},{"sectionNumber":"sec.167","sectionType":"section","heading":"Requirements for enrolment not satisfied","content":"### sec.167 Requirements for enrolment not satisfied\n\nThis section applies if the chief executive is not satisfied—\nthe prospective student is a person with a disability; and\nthe special school is able to cater for the educational needs of the prospective student.\nThe chief executive must decide to refuse enrolment of the prospective student at the school.\nThe chief executive must, as soon as practicable—\ngive an information notice about the decision to the applicant; and\ngive the principal notice of the decision.\nIf the chief executive decides to refuse enrolment of the prospective student at the school under this section, the decision is binding on the principal.\n(sec.167-ssec.1) This section applies if the chief executive is not satisfied— the prospective student is a person with a disability; and the special school is able to cater for the educational needs of the prospective student.\n(sec.167-ssec.2) The chief executive must decide to refuse enrolment of the prospective student at the school.\n(sec.167-ssec.3) The chief executive must, as soon as practicable— give an information notice about the decision to the applicant; and give the principal notice of the decision.\n(sec.167-ssec.4) If the chief executive decides to refuse enrolment of the prospective student at the school under this section, the decision is binding on the principal.\n- (a) the prospective student is a person with a disability; and\n- (b) the special school is able to cater for the educational needs of the prospective student.\n- (a) give an information notice about the decision to the applicant; and\n- (b) give the principal notice of the decision.","sortOrder":223},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Enrolment agreements","content":"# Enrolment agreements","sortOrder":224},{"sectionNumber":"sec.168","sectionType":"section","heading":"Requirements relating to enrolment agreements","content":"### sec.168 Requirements relating to enrolment agreements\n\nA State school’s principal must ensure an up-to-date enrolment agreement applies to the school.\nThe principal must, before enrolling a prospective student at the school, give a copy of the enrolment agreement to—\nif the prospective student is a child—a parent of the prospective student; or\nif the prospective student is an adult—the prospective student.\nAlso, the principal must try to—\nhave a person who receives a copy of the enrolment agreement under subsection (2) sign the enrolment agreement and return it to the principal; or\nobtain a written acknowledgement by a person who receives a copy of the enrolment agreement under subsection (2) that the person received a copy of the enrolment agreement.\nSubsection (2) (a) does not apply if the principal is satisfied it would be inappropriate in the circumstances to give a copy of the enrolment agreement to a parent of the prospective student.\nIt may be inappropriate to give a copy of the enrolment agreement to a parent of the prospective student if the prospective student is living independently of his or her parents.\nIf subsection (4) applies, the principal must, before enrolling the prospective student at the school, give a copy of the enrolment agreement to the prospective student.\nIn this section—\nenrolment agreement means a document that states the respective rights and obligations, about the education of persons at a State school, of—\npersons enrolled at the school; and\nthe parents of children enrolled at the school; and\nthe staff of the school.\n(sec.168-ssec.1) A State school’s principal must ensure an up-to-date enrolment agreement applies to the school.\n(sec.168-ssec.2) The principal must, before enrolling a prospective student at the school, give a copy of the enrolment agreement to— if the prospective student is a child—a parent of the prospective student; or if the prospective student is an adult—the prospective student.\n(sec.168-ssec.3) Also, the principal must try to— have a person who receives a copy of the enrolment agreement under subsection (2) sign the enrolment agreement and return it to the principal; or obtain a written acknowledgement by a person who receives a copy of the enrolment agreement under subsection (2) that the person received a copy of the enrolment agreement.\n(sec.168-ssec.4) Subsection (2) (a) does not apply if the principal is satisfied it would be inappropriate in the circumstances to give a copy of the enrolment agreement to a parent of the prospective student. It may be inappropriate to give a copy of the enrolment agreement to a parent of the prospective student if the prospective student is living independently of his or her parents.\n(sec.168-ssec.5) If subsection (4) applies, the principal must, before enrolling the prospective student at the school, give a copy of the enrolment agreement to the prospective student.\n(sec.168-ssec.6) In this section— enrolment agreement means a document that states the respective rights and obligations, about the education of persons at a State school, of— persons enrolled at the school; and the parents of children enrolled at the school; and the staff of the school.\n- (a) if the prospective student is a child—a parent of the prospective student; or\n- (b) if the prospective student is an adult—the prospective student.\n- (a) have a person who receives a copy of the enrolment agreement under subsection (2) sign the enrolment agreement and return it to the principal; or\n- (b) obtain a written acknowledgement by a person who receives a copy of the enrolment agreement under subsection (2) that the person received a copy of the enrolment agreement.\n- (a) persons enrolled at the school; and\n- (b) the parents of children enrolled at the school; and\n- (c) the staff of the school.","sortOrder":225},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Enrolment management plans","content":"# Enrolment management plans","sortOrder":226},{"sectionNumber":"sec.169","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.169 Definitions for pt 3\n\nIn this part—\ncatchment area , for a State school, means the geographical area decided by the chief executive from which the school is to have its principal intake of students.\neffective enrolment management plan , for a State school, means an enrolment management plan that has effect for the school under section 170 .\nenrolment management plan , for a State school, means a document stating—\nthe school’s catchment area; and\nthe school’s enrolment capacity for persons whose principal place of residence is outside the catchment area; and\nthe requirements for enrolment at the school to be satisfied by a person whose principal place of residence is outside the catchment area.\n- (a) the school’s catchment area; and\n- (b) the school’s enrolment capacity for persons whose principal place of residence is outside the catchment area; and\n- (c) the requirements for enrolment at the school to be satisfied by a person whose principal place of residence is outside the catchment area.","sortOrder":227},{"sectionNumber":"sec.170","sectionType":"section","heading":"Preparation of enrolment management plan","content":"### sec.170 Preparation of enrolment management plan\n\nThe chief executive may prepare an enrolment management plan for a State school.\nAs soon as practicable after preparing an enrolment management plan for a State school, the chief executive must publish a notice in the gazette stating that—\nthe enrolment management plan has been prepared; and\na copy of the enrolment management plan is available for public inspection, without charge—\nduring normal business hours at the department’s head office; and\non the department’s website.\nAn enrolment management plan, prepared under subsection (1) , has effect on and from—\nthe day a notice about the enrolment management plan is published under subsection (2) ; or\na later day stated in the notice.\ns 170 amd 2018 No. 1 s 150 sch 2\n(sec.170-ssec.1) The chief executive may prepare an enrolment management plan for a State school.\n(sec.170-ssec.2) As soon as practicable after preparing an enrolment management plan for a State school, the chief executive must publish a notice in the gazette stating that— the enrolment management plan has been prepared; and a copy of the enrolment management plan is available for public inspection, without charge— during normal business hours at the department’s head office; and on the department’s website.\n(sec.170-ssec.3) An enrolment management plan, prepared under subsection (1) , has effect on and from— the day a notice about the enrolment management plan is published under subsection (2) ; or a later day stated in the notice.\n- (a) the enrolment management plan has been prepared; and\n- (b) a copy of the enrolment management plan is available for public inspection, without charge— (i) during normal business hours at the department’s head office; and (ii) on the department’s website.\n- (i) during normal business hours at the department’s head office; and\n- (ii) on the department’s website.\n- (i) during normal business hours at the department’s head office; and\n- (ii) on the department’s website.\n- (a) the day a notice about the enrolment management plan is published under subsection (2) ; or\n- (b) a later day stated in the notice.","sortOrder":228},{"sectionNumber":"sec.171","sectionType":"section","heading":"Applicant for enrolment—residing in catchment area","content":"### sec.171 Applicant for enrolment—residing in catchment area\n\nThis section applies if—\na State school’s principal receives an application, under section 155 , for the enrolment of a person at the school; and\nthere is an effective enrolment management plan for the school; and\nthe person’s principal place of residence is in the school’s catchment area stated in the effective enrolment management plan.\nSubject to this Act, the person is entitled to be enrolled at the school.\n(sec.171-ssec.1) This section applies if— a State school’s principal receives an application, under section 155 , for the enrolment of a person at the school; and there is an effective enrolment management plan for the school; and the person’s principal place of residence is in the school’s catchment area stated in the effective enrolment management plan.\n(sec.171-ssec.2) Subject to this Act, the person is entitled to be enrolled at the school.\n- (a) a State school’s principal receives an application, under section 155 , for the enrolment of a person at the school; and\n- (b) there is an effective enrolment management plan for the school; and\n- (c) the person’s principal place of residence is in the school’s catchment area stated in the effective enrolment management plan.","sortOrder":229},{"sectionNumber":"sec.172","sectionType":"section","heading":"Applicant for enrolment—residing outside catchment area","content":"### sec.172 Applicant for enrolment—residing outside catchment area\n\nThis section applies if—\na State school’s principal receives an application, under section 155 , for the enrolment of a person at the school; and\nthere is an effective enrolment management plan for the school; and\nthe person’s principal place of residence is outside the school’s catchment area stated in the effective enrolment management plan; and\nthe school’s enrolment capacity for persons whose principal place of residence is outside the catchment area, stated in the effective enrolment management plan, is not satisfied.\nSubject to this Act, the person is entitled to be enrolled at the school if the person satisfies the requirements for enrolment stated in the effective enrolment management plan.\n(sec.172-ssec.1) This section applies if— a State school’s principal receives an application, under section 155 , for the enrolment of a person at the school; and there is an effective enrolment management plan for the school; and the person’s principal place of residence is outside the school’s catchment area stated in the effective enrolment management plan; and the school’s enrolment capacity for persons whose principal place of residence is outside the catchment area, stated in the effective enrolment management plan, is not satisfied.\n(sec.172-ssec.2) Subject to this Act, the person is entitled to be enrolled at the school if the person satisfies the requirements for enrolment stated in the effective enrolment management plan.\n- (a) a State school’s principal receives an application, under section 155 , for the enrolment of a person at the school; and\n- (b) there is an effective enrolment management plan for the school; and\n- (c) the person’s principal place of residence is outside the school’s catchment area stated in the effective enrolment management plan; and\n- (d) the school’s enrolment capacity for persons whose principal place of residence is outside the catchment area, stated in the effective enrolment management plan, is not satisfied.","sortOrder":230},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Enrolment eligibility plans","content":"# Enrolment eligibility plans","sortOrder":231},{"sectionNumber":"sec.173","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.173 Definitions for pt 4\n\nIn this part—\neffective enrolment eligibility plan , for a State school, means an enrolment eligibility plan that has effect for the school under section 174 .\nenrolment eligibility plan , for a State school, means a document stating—\nthe school’s enrolment capacity; and\nthe requirements for enrolment at the school.\n- (a) the school’s enrolment capacity; and\n- (b) the requirements for enrolment at the school.","sortOrder":232},{"sectionNumber":"sec.174","sectionType":"section","heading":"Preparation of enrolment eligibility plan","content":"### sec.174 Preparation of enrolment eligibility plan\n\nThe chief executive may prepare an enrolment eligibility plan for a State school.\nAs soon as practicable after preparing an enrolment eligibility plan for a State school, the chief executive must publish a notice in the gazette stating that—\nthe enrolment eligibility plan has been prepared; and\na copy of the enrolment eligibility plan is available for public inspection, without charge—\nduring normal business hours at the department’s head office; and\non the department’s website.\nAn enrolment eligibility plan, prepared under subsection (1) , has effect on and from—\nthe day a notice about the enrolment eligibility plan is published under subsection (2) ; or\na later day stated in the notice.\ns 174 amd 2018 No. 1 s 150 sch 2\n(sec.174-ssec.1) The chief executive may prepare an enrolment eligibility plan for a State school.\n(sec.174-ssec.2) As soon as practicable after preparing an enrolment eligibility plan for a State school, the chief executive must publish a notice in the gazette stating that— the enrolment eligibility plan has been prepared; and a copy of the enrolment eligibility plan is available for public inspection, without charge— during normal business hours at the department’s head office; and on the department’s website.\n(sec.174-ssec.3) An enrolment eligibility plan, prepared under subsection (1) , has effect on and from— the day a notice about the enrolment eligibility plan is published under subsection (2) ; or a later day stated in the notice.\n- (a) the enrolment eligibility plan has been prepared; and\n- (b) a copy of the enrolment eligibility plan is available for public inspection, without charge— (i) during normal business hours at the department’s head office; and (ii) on the department’s website.\n- (i) during normal business hours at the department’s head office; and\n- (ii) on the department’s website.\n- (i) during normal business hours at the department’s head office; and\n- (ii) on the department’s website.\n- (a) the day a notice about the enrolment eligibility plan is published under subsection (2) ; or\n- (b) a later day stated in the notice.","sortOrder":233},{"sectionNumber":"sec.175","sectionType":"section","heading":"Application for enrolment","content":"### sec.175 Application for enrolment\n\nThis section applies if—\na State school’s principal receives an application, under section 155 , for the enrolment of a person at the school; and\nthere is an effective enrolment eligibility plan for the school; and\nthe school’s enrolment capacity, stated in the effective enrolment eligibility plan for the school, is not satisfied.\nSubject to this Act, the person is entitled to be enrolled at the school if the person satisfies the requirements for enrolment stated in the effective enrolment eligibility plan.\n(sec.175-ssec.1) This section applies if— a State school’s principal receives an application, under section 155 , for the enrolment of a person at the school; and there is an effective enrolment eligibility plan for the school; and the school’s enrolment capacity, stated in the effective enrolment eligibility plan for the school, is not satisfied.\n(sec.175-ssec.2) Subject to this Act, the person is entitled to be enrolled at the school if the person satisfies the requirements for enrolment stated in the effective enrolment eligibility plan.\n- (a) a State school’s principal receives an application, under section 155 , for the enrolment of a person at the school; and\n- (b) there is an effective enrolment eligibility plan for the school; and\n- (c) the school’s enrolment capacity, stated in the effective enrolment eligibility plan for the school, is not satisfied.","sortOrder":234},{"sectionNumber":"ch.8A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":235},{"sectionNumber":"sec.175A","sectionType":"section","heading":"Definitions for ch 8A","content":"### sec.175A Definitions for ch 8A\n\nIn this chapter—\ncriminal history , of a relevant mature age student, means both of the following—\nevery conviction of the student for an offence, in Queensland or elsewhere, whether before or after the commencement;\nevery charge for an offence made against the student, in Queensland or elsewhere, whether before or after the commencement.\npolice commissioner ...\ns 175A def police commissioner om 2023 No. 23 s 247 sch 1 s 3\nrelevant mature age student , of a mature age State school, means—\na person who has applied for enrolment as a mature age student of the school; or\na mature age student of the school.\ns 175A ins 2014 No. 62 s 71\n- (a) every conviction of the student for an offence, in Queensland or elsewhere, whether before or after the commencement;\n- (b) every charge for an offence made against the student, in Queensland or elsewhere, whether before or after the commencement.\n- (a) a person who has applied for enrolment as a mature age student of the school; or\n- (b) a mature age student of the school.","sortOrder":236},{"sectionNumber":"sec.175B","sectionType":"section","heading":"Application of ch 8A","content":"### sec.175B Application of ch 8A\n\nThis chapter applies to a relevant mature age student despite the Criminal Law (Rehabilitation of Offenders) Act 1986 .\ns 175B ins 2014 No. 62 s 71","sortOrder":237},{"sectionNumber":"ch.8A-pt.2","sectionType":"part","heading":"Information may be given to police commissioner","content":"# Information may be given to police commissioner","sortOrder":238},{"sectionNumber":"sec.175C","sectionType":"section","heading":"Mature age State school’s principal may give information to police commissioner","content":"### sec.175C Mature age State school’s principal may give information to police commissioner\n\nA mature age State school’s principal may, for this chapter, give the police commissioner—\ninformation about whether a person is a relevant mature age student of the mature age State school; and\nthe name of the person and other identifying information about the person, including the person’s date and place of birth and any alias.\nInformation given to the police commissioner under subsection (1) must only be used for this chapter.\ns 175C ins 2014 No. 62 s 71\n(sec.175C-ssec.1) A mature age State school’s principal may, for this chapter, give the police commissioner— information about whether a person is a relevant mature age student of the mature age State school; and the name of the person and other identifying information about the person, including the person’s date and place of birth and any alias.\n(sec.175C-ssec.2) Information given to the police commissioner under subsection (1) must only be used for this chapter.\n- (a) information about whether a person is a relevant mature age student of the mature age State school; and\n- (b) the name of the person and other identifying information about the person, including the person’s date and place of birth and any alias.","sortOrder":239},{"sectionNumber":"ch.8A-pt.3","sectionType":"part","heading":"Requests for criminal histories","content":"# Requests for criminal histories","sortOrder":240},{"sectionNumber":"sec.175D","sectionType":"section","heading":"Mature age State school’s principal must make request about prospective mature age student","content":"### sec.175D Mature age State school’s principal must make request about prospective mature age student\n\nThis section applies if—\na mature age State school’s principal receives an application by a person for enrolment as a mature age student of the school; and\nthe application has not been withdrawn.\nThe principal must, before deciding the application, ask the police commissioner for a written report about the applicant’s criminal history.\ns 175D ins 2014 No. 62 s 71\n(sec.175D-ssec.1) This section applies if— a mature age State school’s principal receives an application by a person for enrolment as a mature age student of the school; and the application has not been withdrawn.\n(sec.175D-ssec.2) The principal must, before deciding the application, ask the police commissioner for a written report about the applicant’s criminal history.\n- (a) a mature age State school’s principal receives an application by a person for enrolment as a mature age student of the school; and\n- (b) the application has not been withdrawn.","sortOrder":241},{"sectionNumber":"sec.175E","sectionType":"section","heading":"Mature age State school’s principal may make request about mature age student","content":"### sec.175E Mature age State school’s principal may make request about mature age student\n\nA mature age State school’s principal may, at any time while a person is a mature age student of the school, ask the police commissioner for a written report about the student’s criminal history.\ns 175E ins 2014 No. 62 s 71","sortOrder":242},{"sectionNumber":"sec.175F","sectionType":"section","heading":"Request for other information about criminal history","content":"### sec.175F Request for other information about criminal history\n\nIf a mature age State school’s principal asks the police commissioner for a report about a relevant mature age student’s criminal history under section 175D or 175E , the principal may also ask the commissioner for the following information—\na brief description of the circumstances of a conviction or charge for an offence mentioned in the report;\ninformation about the outcome of a charge for an offence mentioned in the report.\ns 175F ins 2014 No. 62 s 71\n- (a) a brief description of the circumstances of a conviction or charge for an offence mentioned in the report;\n- (b) information about the outcome of a charge for an offence mentioned in the report.","sortOrder":243},{"sectionNumber":"ch.8A-pt.4","sectionType":"part","heading":"Criminal histories","content":"# Criminal histories","sortOrder":244},{"sectionNumber":"sec.175G","sectionType":"section","heading":"Requirement for police commissioner to give information about criminal history","content":"### sec.175G Requirement for police commissioner to give information about criminal history\n\nThe police commissioner must comply with a request made under part 3 .\nHowever, subsection (1) applies only in relation to information in the police commissioner’s possession or to which the commissioner has access.\nTo remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the police commissioner may disclose information to which that part applies to a person when complying with a request made by the person under part 3 .\ns 175G ins 2014 No. 62 s 71\n(sec.175G-ssec.1) The police commissioner must comply with a request made under part 3 .\n(sec.175G-ssec.2) However, subsection (1) applies only in relation to information in the police commissioner’s possession or to which the commissioner has access.\n(sec.175G-ssec.3) To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the police commissioner may disclose information to which that part applies to a person when complying with a request made by the person under part 3 .","sortOrder":245},{"sectionNumber":"sec.175H","sectionType":"section","heading":"Use of criminal history","content":"### sec.175H Use of criminal history\n\nA mature age State school’s principal must not use information obtained under section 175G other than for the following—\nchapter 8 , part 1 , division 1 ;\nthis chapter;\nchapter 12 , part 3 , division 2 or 3 .\nThe chief executive must not use information obtained under section 175G other than for the following—\nchapter 8 , part 1 , division 2 ;\nchapter 12 , part 3 .\ns 175H ins 2014 No. 62 s 71\n(sec.175H-ssec.1) A mature age State school’s principal must not use information obtained under section 175G other than for the following— chapter 8 , part 1 , division 1 ; this chapter; chapter 12 , part 3 , division 2 or 3 .\n(sec.175H-ssec.2) The chief executive must not use information obtained under section 175G other than for the following— chapter 8 , part 1 , division 2 ; chapter 12 , part 3 .\n- (a) chapter 8 , part 1 , division 1 ;\n- (b) this chapter;\n- (c) chapter 12 , part 3 , division 2 or 3 .\n- (a) chapter 8 , part 1 , division 2 ;\n- (b) chapter 12 , part 3 .","sortOrder":246},{"sectionNumber":"sec.175I","sectionType":"section","heading":"Destruction of criminal history","content":"### sec.175I Destruction of criminal history\n\nA mature age State school’s principal must ensure that information obtained by the principal under section 175G is destroyed as soon as practicable after it is no longer needed for the purpose for which it may be used under section 175H .\ns 175I ins 2014 No. 62 s 71","sortOrder":247},{"sectionNumber":"ch.8A-pt.5","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":248},{"sectionNumber":"sec.175J","sectionType":"section","heading":"Notice of change in criminal history","content":"### sec.175J Notice of change in criminal history\n\nThis section applies if the police commissioner reasonably suspects a person who is charged with an offence is a relevant mature age student of a mature age State school.\nThe police commissioner may give the school’s principal notice of the charge.\nThe notice must state the following—\nthe person’s name and address;\nthe person’s date of birth;\nthe offence the person is charged with;\nparticulars of the alleged offence;\nthe date of the charge.\nIf the principal receives a notice mentioned in subsection (3) about a person and the person is a mature age student of the school, the principal may write to the person to tell the person about the person’s obligations under section 175K .\ns 175J ins 2014 No. 62 s 71\n(sec.175J-ssec.1) This section applies if the police commissioner reasonably suspects a person who is charged with an offence is a relevant mature age student of a mature age State school.\n(sec.175J-ssec.2) The police commissioner may give the school’s principal notice of the charge.\n(sec.175J-ssec.3) The notice must state the following— the person’s name and address; the person’s date of birth; the offence the person is charged with; particulars of the alleged offence; the date of the charge.\n(sec.175J-ssec.4) If the principal receives a notice mentioned in subsection (3) about a person and the person is a mature age student of the school, the principal may write to the person to tell the person about the person’s obligations under section 175K .\n- (a) the person’s name and address;\n- (b) the person’s date of birth;\n- (c) the offence the person is charged with;\n- (d) particulars of the alleged offence;\n- (e) the date of the charge.","sortOrder":249},{"sectionNumber":"sec.175K","sectionType":"section","heading":"Disclosure of change in criminal history","content":"### sec.175K Disclosure of change in criminal history\n\nIf there is a change in the criminal history of a relevant mature age student of a mature age State school, the student must give the school’s principal a criminal history change notice before the student next attends the school or otherwise participates in the school’s educational program.\nMaximum penalty—20 penalty units.\nFor a relevant mature age student who does not have a criminal history, there is taken to be a change in the student’s criminal history if the student acquires a criminal history.\nIn this section—\ncriminal history change notice , for a relevant mature age student, means a notice, in the approved form, that includes, for a conviction or charge for an offence in the student’s criminal history—\nthe existence of the conviction or charge; and\nwhen the offence was committed or alleged to have been committed; and\nenough details to identify the offence or alleged offence; and\nfor a conviction—whether or not a conviction was recorded, and the sentence imposed on the student.\ns 175K ins 2014 No. 62 s 71\n(sec.175K-ssec.1) If there is a change in the criminal history of a relevant mature age student of a mature age State school, the student must give the school’s principal a criminal history change notice before the student next attends the school or otherwise participates in the school’s educational program. Maximum penalty—20 penalty units.\n(sec.175K-ssec.2) For a relevant mature age student who does not have a criminal history, there is taken to be a change in the student’s criminal history if the student acquires a criminal history.\n(sec.175K-ssec.3) In this section— criminal history change notice , for a relevant mature age student, means a notice, in the approved form, that includes, for a conviction or charge for an offence in the student’s criminal history— the existence of the conviction or charge; and when the offence was committed or alleged to have been committed; and enough details to identify the offence or alleged offence; and for a conviction—whether or not a conviction was recorded, and the sentence imposed on the student.\n- (a) the existence of the conviction or charge; and\n- (b) when the offence was committed or alleged to have been committed; and\n- (c) enough details to identify the offence or alleged offence; and\n- (d) for a conviction—whether or not a conviction was recorded, and the sentence imposed on the student.","sortOrder":250},{"sectionNumber":"sec.175L","sectionType":"section","heading":"False or misleading information or documents","content":"### sec.175L False or misleading information or documents\n\nA relevant mature age student of a mature age State school must not give information to the school’s principal under this part that the student knows is false or misleading in a material particular.\nMaximum penalty—20 penalty units.\nA relevant mature age student of a mature age State school must not give a document to the school’s principal under this part that contains information the student knows is false or misleading in a material particular.\nMaximum penalty—20 penalty units.\nSubsection (2) does not apply to a relevant mature age student if the student, when giving the document to the principal—\ntells the principal, to the best of the student’s ability, how it is false or misleading; and\ngives the correct information to the principal if the student has, or can reasonably obtain, the correct information.\ns 175L ins 2014 No. 62 s 71\n(sec.175L-ssec.1) A relevant mature age student of a mature age State school must not give information to the school’s principal under this part that the student knows is false or misleading in a material particular. Maximum penalty—20 penalty units.\n(sec.175L-ssec.2) A relevant mature age student of a mature age State school must not give a document to the school’s principal under this part that contains information the student knows is false or misleading in a material particular. Maximum penalty—20 penalty units.\n(sec.175L-ssec.3) Subsection (2) does not apply to a relevant mature age student if the student, when giving the document to the principal— tells the principal, to the best of the student’s ability, how it is false or misleading; and gives the correct information to the principal if the student has, or can reasonably obtain, the correct information.\n- (a) tells the principal, to the best of the student’s ability, how it is false or misleading; and\n- (b) gives the correct information to the principal if the student has, or can reasonably obtain, the correct information.","sortOrder":251},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Compulsory schooling requirement","content":"# Compulsory schooling requirement","sortOrder":252},{"sectionNumber":"ch.9-pt.1-div.1","sectionType":"division","heading":"Parents’ obligations","content":"## Parents’ obligations","sortOrder":253},{"sectionNumber":"sec.176","sectionType":"section","heading":"Obligation of each parent","content":"### sec.176 Obligation of each parent\n\nEach parent of a child who is of compulsory school age must—\nensure the child is enrolled at a State school or non-State school; and\nensure the child attends the State school or non-State school, on every school day, for the educational program in which the child is enrolled;\nunless the parent has a reasonable excuse.\nMaximum penalty—\nfor a first offence—6 penalty units; or\nfor a second or subsequent offence, whether or not relating to the same child of the parent—12 penalty units.\nWithout limiting subsection (1) , it is a reasonable excuse for a parent (the relevant parent ) that—\nthe child lives with another parent and the relevant parent believes, on reasonable grounds, that the other parent is complying with subsection (1) ; or\nin all the circumstances, the relevant parent is not reasonably able to control the child’s behaviour to the extent necessary to comply with subsection (1) .\nSubsection (1) applies subject to parts 2 to 4 .\ns 176 amd 2006 No. 39 s 512 (2) sch 2 ; 2006 No. 39 s 512 (3) sch 3\n(sec.176-ssec.1) Each parent of a child who is of compulsory school age must— ensure the child is enrolled at a State school or non-State school; and ensure the child attends the State school or non-State school, on every school day, for the educational program in which the child is enrolled; unless the parent has a reasonable excuse. Maximum penalty— for a first offence—6 penalty units; or for a second or subsequent offence, whether or not relating to the same child of the parent—12 penalty units.\n(sec.176-ssec.2) Without limiting subsection (1) , it is a reasonable excuse for a parent (the relevant parent ) that— the child lives with another parent and the relevant parent believes, on reasonable grounds, that the other parent is complying with subsection (1) ; or in all the circumstances, the relevant parent is not reasonably able to control the child’s behaviour to the extent necessary to comply with subsection (1) .\n(sec.176-ssec.3) Subsection (1) applies subject to parts 2 to 4 .\n- (a) ensure the child is enrolled at a State school or non-State school; and\n- (b) ensure the child attends the State school or non-State school, on every school day, for the educational program in which the child is enrolled;\n- (a) for a first offence—6 penalty units; or\n- (b) for a second or subsequent offence, whether or not relating to the same child of the parent—12 penalty units.\n- (a) the child lives with another parent and the relevant parent believes, on reasonable grounds, that the other parent is complying with subsection (1) ; or\n- (b) in all the circumstances, the relevant parent is not reasonably able to control the child’s behaviour to the extent necessary to comply with subsection (1) .","sortOrder":254},{"sectionNumber":"sec.177","sectionType":"section","heading":"What is attendance","content":"### sec.177 What is attendance\n\nA child attends a State school or non-State school only if the child complies with the school’s requirements about physically attending, at particular times, its premises or another place.\nHowever, despite subsection (1) —\na child enrolled in a program of distance education is taken to attend the school of distance education offering the program by completing and returning the assigned work for the program; and\na child enrolled in an external program is taken to attend the State school or non-State school offering the program by complying with its requirements about communicating with or contacting the school for the purpose of participating in the program.\n(sec.177-ssec.1) A child attends a State school or non-State school only if the child complies with the school’s requirements about physically attending, at particular times, its premises or another place.\n(sec.177-ssec.2) However, despite subsection (1) — a child enrolled in a program of distance education is taken to attend the school of distance education offering the program by completing and returning the assigned work for the program; and a child enrolled in an external program is taken to attend the State school or non-State school offering the program by complying with its requirements about communicating with or contacting the school for the purpose of participating in the program.\n- (a) a child enrolled in a program of distance education is taken to attend the school of distance education offering the program by completing and returning the assigned work for the program; and\n- (b) a child enrolled in an external program is taken to attend the State school or non-State school offering the program by complying with its requirements about communicating with or contacting the school for the purpose of participating in the program.","sortOrder":255},{"sectionNumber":"sec.178","sectionType":"section","heading":"Notice to, and meeting with, parent","content":"### sec.178 Notice to, and meeting with, parent\n\nThis section applies if an authorised officer reasonably suspects—\na child who is of compulsory school age—\nis not enrolled at a State school or non-State school; or\nis not attending the State school or non-State school at which the child is enrolled, on every school day, for the educational program in which the child is enrolled; and\nparts 2 to 4 do not apply to the child.\nThe officer may give a parent of the child a notice in the approved form about the parent’s obligation under section 176 (1) .\nThe officer may also meet with the parent to discuss the obligation.\nIf, despite the officer taking reasonable steps to meet with the parent under subsection (3) , no meeting is held, the officer may give the parent a warning notice in the approved form.\nFor the Police Powers and Responsibilities Act 2000 , section 16 , an authorised officer acting under this section is a public official performing a function authorised by this Act.\nIn this section—\nauthorised officer means the chief executive or an officer of the department authorised by the chief executive for this section.\ns 178 amd 2006 No. 39 s 512 (2) sch 2 ; 2006 No. 39 s 512 (3) sch 3\n(sec.178-ssec.1) This section applies if an authorised officer reasonably suspects— a child who is of compulsory school age— is not enrolled at a State school or non-State school; or is not attending the State school or non-State school at which the child is enrolled, on every school day, for the educational program in which the child is enrolled; and parts 2 to 4 do not apply to the child.\n(sec.178-ssec.2) The officer may give a parent of the child a notice in the approved form about the parent’s obligation under section 176 (1) .\n(sec.178-ssec.3) The officer may also meet with the parent to discuss the obligation.\n(sec.178-ssec.4) If, despite the officer taking reasonable steps to meet with the parent under subsection (3) , no meeting is held, the officer may give the parent a warning notice in the approved form.\n(sec.178-ssec.5) For the Police Powers and Responsibilities Act 2000 , section 16 , an authorised officer acting under this section is a public official performing a function authorised by this Act.\n(sec.178-ssec.6) In this section— authorised officer means the chief executive or an officer of the department authorised by the chief executive for this section.\n- (a) a child who is of compulsory school age— (i) is not enrolled at a State school or non-State school; or (ii) is not attending the State school or non-State school at which the child is enrolled, on every school day, for the educational program in which the child is enrolled; and\n- (i) is not enrolled at a State school or non-State school; or\n- (ii) is not attending the State school or non-State school at which the child is enrolled, on every school day, for the educational program in which the child is enrolled; and\n- (b) parts 2 to 4 do not apply to the child.\n- (i) is not enrolled at a State school or non-State school; or\n- (ii) is not attending the State school or non-State school at which the child is enrolled, on every school day, for the educational program in which the child is enrolled; and","sortOrder":256},{"sectionNumber":"sec.179","sectionType":"section","heading":"Limits on proceedings against a parent","content":"### sec.179 Limits on proceedings against a parent\n\nProceedings for an offence against section 176 (1) may be brought against a parent—\nby the chief executive or with the chief executive’s consent; and\nonly if the time when the parent is alleged to have committed the offence is after—\nthe parent has been given a notice under section 178 (2) ; and\nat least 1 meeting has been held with the parent under section 178 (3) or the parent has been given a warning notice under section 178 (4) .\nUnder section 432 , the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.\nThe chief executive (child safety) is not liable to be prosecuted for an offence against section 176 (1) .\ns 179 amd 2014 No. 62 s 39\n(sec.179-ssec.1) Proceedings for an offence against section 176 (1) may be brought against a parent— by the chief executive or with the chief executive’s consent; and only if the time when the parent is alleged to have committed the offence is after— the parent has been given a notice under section 178 (2) ; and at least 1 meeting has been held with the parent under section 178 (3) or the parent has been given a warning notice under section 178 (4) . Under section 432 , the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.\n(sec.179-ssec.2) The chief executive (child safety) is not liable to be prosecuted for an offence against section 176 (1) .\n- (a) by the chief executive or with the chief executive’s consent; and\n- (b) only if the time when the parent is alleged to have committed the offence is after— (i) the parent has been given a notice under section 178 (2) ; and (ii) at least 1 meeting has been held with the parent under section 178 (3) or the parent has been given a warning notice under section 178 (4) .\n- (i) the parent has been given a notice under section 178 (2) ; and\n- (ii) at least 1 meeting has been held with the parent under section 178 (3) or the parent has been given a warning notice under section 178 (4) .\n- (i) the parent has been given a notice under section 178 (2) ; and\n- (ii) at least 1 meeting has been held with the parent under section 178 (3) or the parent has been given a warning notice under section 178 (4) .","sortOrder":257},{"sectionNumber":"ch.9-pt.1-div.2","sectionType":"division","heading":"Chief executive may obtain information from non-State schools","content":"## Chief executive may obtain information from non-State schools","sortOrder":258},{"sectionNumber":"sec.180","sectionType":"section","heading":"Notice to principal or governing body of non-State school","content":"### sec.180 Notice to principal or governing body of non-State school\n\nThe chief executive may, by notice given to the principal or governing body of a non-State school, ask the principal or governing body for information about—\nthe enrolment or attendance at the school of a child who is of compulsory school age; or\ndecisions made under section 189 .\nWithout limiting subsection (1) , the chief executive may ask for information that the chief executive believes may—\nhelp in the investigation of an alleged contravention of section 176 (1) ; or\nhelp the chief executive or an authorised person acting under section 178 ; or\notherwise help the chief executive or an authorised person to decide whether or not a parent is contravening section 176 (1) .\nAlso, the chief executive must give the principal of a non-State school a copy of any notice given under subsection (1) to the governing body of the school.\nThe principal or governing body of a non-State school must, if given notice under subsection (1) , give the chief executive the requested information in the way stated in the notice.\ns 180 amd 2014 No. 62 s 72 ; 2025 No. 24 s 8\n(sec.180-ssec.1) The chief executive may, by notice given to the principal or governing body of a non-State school, ask the principal or governing body for information about— the enrolment or attendance at the school of a child who is of compulsory school age; or decisions made under section 189 .\n(sec.180-ssec.2) Without limiting subsection (1) , the chief executive may ask for information that the chief executive believes may— help in the investigation of an alleged contravention of section 176 (1) ; or help the chief executive or an authorised person acting under section 178 ; or otherwise help the chief executive or an authorised person to decide whether or not a parent is contravening section 176 (1) .\n(sec.180-ssec.3) Also, the chief executive must give the principal of a non-State school a copy of any notice given under subsection (1) to the governing body of the school.\n(sec.180-ssec.4) The principal or governing body of a non-State school must, if given notice under subsection (1) , give the chief executive the requested information in the way stated in the notice.\n- (a) the enrolment or attendance at the school of a child who is of compulsory school age; or\n- (b) decisions made under section 189 .\n- (a) help in the investigation of an alleged contravention of section 176 (1) ; or\n- (b) help the chief executive or an authorised person acting under section 178 ; or\n- (c) otherwise help the chief executive or an authorised person to decide whether or not a parent is contravening section 176 (1) .","sortOrder":259},{"sectionNumber":"sec.181","sectionType":"section","heading":"Protection from liability","content":"### sec.181 Protection from liability\n\nThis section applies to a principal of a non-State school for complying with a request of the chief executive under section 180 .\nThe principal is not civilly liable for an act done, or omission made, honestly and without negligence for complying with the request.\nIf subsection (2) prevents a civil liability attaching to the principal, the liability attaches instead to the non-State school’s governing body.\n(sec.181-ssec.1) This section applies to a principal of a non-State school for complying with a request of the chief executive under section 180 .\n(sec.181-ssec.2) The principal is not civilly liable for an act done, or omission made, honestly and without negligence for complying with the request.\n(sec.181-ssec.3) If subsection (2) prevents a civil liability attaching to the principal, the liability attaches instead to the non-State school’s governing body.","sortOrder":260},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Flexible arrangements","content":"# Flexible arrangements","sortOrder":261},{"sectionNumber":"sec.182","sectionType":"section","heading":"Flexible arrangements—non-State school","content":"### sec.182 Flexible arrangements—non-State school\n\nThe authorised entity for a non-State school may approve arrangements for a student enrolled at the school that are to apply to the student instead of participation in the school’s educational programs in the usual way.\nThe authorised entity may approve the arrangements only if—\na teacher has prepared written assessments of—\nthe student’s educational and other needs; and\nthe learning outcomes that the arrangements are intended to achieve; and\nthe suitability of each provider for the arrangements; and\nthe authorised entity has considered—\nthe written assessments prepared under paragraph (a) ; and\nhow, and by whom, the student’s participation in the arrangements is to be monitored; and\nhow, and by whom, each provider’s involvement in the arrangements is to be monitored and its effectiveness evaluated; and\nthe authorised entity is satisfied the arrangements are appropriate, having regard to—\nthe student’s individual needs and circumstances; and\nwhat the authorised entity considers is most likely to achieve the best learning outcomes for the student; and\nthe desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student’s participation at a level that is equivalent to full-time participation in the school’s educational programs in the usual way; and\nany other matter prescribed under a regulation.\nHowever, the authorised entity must not approve the arrangements unless—\nif the student is of compulsory school age—\na parent of the student has given written agreement to the arrangements; and\nthe authorised entity has discussed the arrangements with the student to the extent the authorised entity considers appropriate, having regard to the student’s age and other relevant circumstances; or\nif the student is in the compulsory participation phase—\nthe student gives written agreement to the arrangements; and\nthe authorised entity has discussed the arrangements with the student’s parents to the extent the authorised entity considers is practicable and appropriate in the circumstances.\nThe non-State school’s governing body must keep, for at least 5 years after the arrangements stop applying to the student—\nthe written assessments prepared under subsection (2) (a) ; and\na record of the authorised entity’s consideration of the matters stated in subsection (2) (b) ; and\nthe written agreement obtained under subsection (3) .\nSubsection (3) (a) (i) does not apply if the authorised entity is satisfied it would be inappropriate in the circumstances to require the written agreement of a parent.\nIt may be inappropriate to require a parent’s written agreement if the student is living independently of his or her parents.\nIn this section—\nauthorised entity , for a non-State school, means—\nthe school’s governing body; or\na staff member of the school given written authorisation by the governing body for this section.\nprovider , in relation to arrangements for a student, means an entity directly involved in providing a program to the student under the arrangements.\nstudent means a student who is of compulsory school age or in the compulsory participation phase.\n(sec.182-ssec.1) The authorised entity for a non-State school may approve arrangements for a student enrolled at the school that are to apply to the student instead of participation in the school’s educational programs in the usual way.\n(sec.182-ssec.2) The authorised entity may approve the arrangements only if— a teacher has prepared written assessments of— the student’s educational and other needs; and the learning outcomes that the arrangements are intended to achieve; and the suitability of each provider for the arrangements; and the authorised entity has considered— the written assessments prepared under paragraph (a) ; and how, and by whom, the student’s participation in the arrangements is to be monitored; and how, and by whom, each provider’s involvement in the arrangements is to be monitored and its effectiveness evaluated; and the authorised entity is satisfied the arrangements are appropriate, having regard to— the student’s individual needs and circumstances; and what the authorised entity considers is most likely to achieve the best learning outcomes for the student; and the desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student’s participation at a level that is equivalent to full-time participation in the school’s educational programs in the usual way; and any other matter prescribed under a regulation.\n(sec.182-ssec.3) However, the authorised entity must not approve the arrangements unless— if the student is of compulsory school age— a parent of the student has given written agreement to the arrangements; and the authorised entity has discussed the arrangements with the student to the extent the authorised entity considers appropriate, having regard to the student’s age and other relevant circumstances; or if the student is in the compulsory participation phase— the student gives written agreement to the arrangements; and the authorised entity has discussed the arrangements with the student’s parents to the extent the authorised entity considers is practicable and appropriate in the circumstances.\n(sec.182-ssec.4) The non-State school’s governing body must keep, for at least 5 years after the arrangements stop applying to the student— the written assessments prepared under subsection (2) (a) ; and a record of the authorised entity’s consideration of the matters stated in subsection (2) (b) ; and the written agreement obtained under subsection (3) .\n(sec.182-ssec.5) Subsection (3) (a) (i) does not apply if the authorised entity is satisfied it would be inappropriate in the circumstances to require the written agreement of a parent. It may be inappropriate to require a parent’s written agreement if the student is living independently of his or her parents.\n(sec.182-ssec.6) In this section— authorised entity , for a non-State school, means— the school’s governing body; or a staff member of the school given written authorisation by the governing body for this section. provider , in relation to arrangements for a student, means an entity directly involved in providing a program to the student under the arrangements. student means a student who is of compulsory school age or in the compulsory participation phase.\n- (a) a teacher has prepared written assessments of— (i) the student’s educational and other needs; and (ii) the learning outcomes that the arrangements are intended to achieve; and (iii) the suitability of each provider for the arrangements; and\n- (i) the student’s educational and other needs; and\n- (ii) the learning outcomes that the arrangements are intended to achieve; and\n- (iii) the suitability of each provider for the arrangements; and\n- (b) the authorised entity has considered— (i) the written assessments prepared under paragraph (a) ; and (ii) how, and by whom, the student’s participation in the arrangements is to be monitored; and (iii) how, and by whom, each provider’s involvement in the arrangements is to be monitored and its effectiveness evaluated; and\n- (i) the written assessments prepared under paragraph (a) ; and\n- (ii) how, and by whom, the student’s participation in the arrangements is to be monitored; and\n- (iii) how, and by whom, each provider’s involvement in the arrangements is to be monitored and its effectiveness evaluated; and\n- (c) the authorised entity is satisfied the arrangements are appropriate, having regard to— (i) the student’s individual needs and circumstances; and (ii) what the authorised entity considers is most likely to achieve the best learning outcomes for the student; and (iii) the desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student’s participation at a level that is equivalent to full-time participation in the school’s educational programs in the usual way; and (iv) any other matter prescribed under a regulation.\n- (i) the student’s individual needs and circumstances; and\n- (ii) what the authorised entity considers is most likely to achieve the best learning outcomes for the student; and\n- (iii) the desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student’s participation at a level that is equivalent to full-time participation in the school’s educational programs in the usual way; and\n- (iv) any other matter prescribed under a regulation.\n- (i) the student’s educational and other needs; and\n- (ii) the learning outcomes that the arrangements are intended to achieve; and\n- (iii) the suitability of each provider for the arrangements; and\n- (i) the written assessments prepared under paragraph (a) ; and\n- (ii) how, and by whom, the student’s participation in the arrangements is to be monitored; and\n- (iii) how, and by whom, each provider’s involvement in the arrangements is to be monitored and its effectiveness evaluated; and\n- (i) the student’s individual needs and circumstances; and\n- (ii) what the authorised entity considers is most likely to achieve the best learning outcomes for the student; and\n- (iii) the desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student’s participation at a level that is equivalent to full-time participation in the school’s educational programs in the usual way; and\n- (iv) any other matter prescribed under a regulation.\n- (a) if the student is of compulsory school age— (i) a parent of the student has given written agreement to the arrangements; and (ii) the authorised entity has discussed the arrangements with the student to the extent the authorised entity considers appropriate, having regard to the student’s age and other relevant circumstances; or\n- (i) a parent of the student has given written agreement to the arrangements; and\n- (ii) the authorised entity has discussed the arrangements with the student to the extent the authorised entity considers appropriate, having regard to the student’s age and other relevant circumstances; or\n- (b) if the student is in the compulsory participation phase— (i) the student gives written agreement to the arrangements; and (ii) the authorised entity has discussed the arrangements with the student’s parents to the extent the authorised entity considers is practicable and appropriate in the circumstances.\n- (i) the student gives written agreement to the arrangements; and\n- (ii) the authorised entity has discussed the arrangements with the student’s parents to the extent the authorised entity considers is practicable and appropriate in the circumstances.\n- (i) a parent of the student has given written agreement to the arrangements; and\n- (ii) the authorised entity has discussed the arrangements with the student to the extent the authorised entity considers appropriate, having regard to the student’s age and other relevant circumstances; or\n- (i) the student gives written agreement to the arrangements; and\n- (ii) the authorised entity has discussed the arrangements with the student’s parents to the extent the authorised entity considers is practicable and appropriate in the circumstances.\n- (a) the written assessments prepared under subsection (2) (a) ; and\n- (b) a record of the authorised entity’s consideration of the matters stated in subsection (2) (b) ; and\n- (c) the written agreement obtained under subsection (3) .\n- (a) the school’s governing body; or\n- (b) a staff member of the school given written authorisation by the governing body for this section.","sortOrder":262},{"sectionNumber":"sec.183","sectionType":"section","heading":"Flexible arrangements—State school","content":"### sec.183 Flexible arrangements—State school\n\nThe chief executive may approve arrangements for a student enrolled at a State school that are to apply to the student instead of participation in the school’s educational programs in the usual way.\nSection 182 (2) , (3) , (5) and (6) , except the definition authorised entity , apply to the chief executive and the student as if—\na reference to the authorised entity were a reference to the chief executive; and\na reference to the non-State school were a reference to the State school.\n(sec.183-ssec.1) The chief executive may approve arrangements for a student enrolled at a State school that are to apply to the student instead of participation in the school’s educational programs in the usual way.\n(sec.183-ssec.2) Section 182 (2) , (3) , (5) and (6) , except the definition authorised entity , apply to the chief executive and the student as if— a reference to the authorised entity were a reference to the chief executive; and a reference to the non-State school were a reference to the State school.\n- (a) a reference to the authorised entity were a reference to the chief executive; and\n- (b) a reference to the non-State school were a reference to the State school.","sortOrder":263},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Exemption from compliance with compulsory schooling requirement","content":"# Exemption from compliance with compulsory schooling requirement","sortOrder":264},{"sectionNumber":"ch.9-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":265},{"sectionNumber":"sec.184","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.184 Definitions for pt 3\n\nIn this part—\nexemption means—\nfor an exemption for which the chief executive is the relevant decision-maker—an exemption from compliance with section 176 (1) ; or\nfor an exemption for which a non-State school’s principal is the relevant decision-maker—an exemption from compliance with section 176 (1) (b) .\nrelevant decision-maker see section 186 (1) .\ns 184 sub 2014 No. 62 s 73\n- (a) for an exemption for which the chief executive is the relevant decision-maker—an exemption from compliance with section 176 (1) ; or\n- (b) for an exemption for which a non-State school’s principal is the relevant decision-maker—an exemption from compliance with section 176 (1) (b) .","sortOrder":266},{"sectionNumber":"ch.9-pt.3-div.2","sectionType":"division","heading":"Power to grant exemption","content":"## Power to grant exemption","sortOrder":267},{"sectionNumber":"sec.185","sectionType":"section","heading":"Chief executive may grant exemption","content":"### sec.185 Chief executive may grant exemption\n\nThe chief executive may grant an exemption for a child if the chief executive is reasonably satisfied—\nthe child can not attend a State school or non-State school; or\nit would be unreasonable in all the circumstances to require the child to attend a State school or non-State school.\nThe chief executive may grant the exemption for a stated or indefinite period.\nDespite subsection (1) , the chief executive may not grant an exemption from compliance with section 176 (1) (b) for a child under this section if—\nthe child is enrolled at a non-State school; and\nthe period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under this section or section 185A for the child to be more than 110 school days in a year.\ns 185 amd 2013 No. 37 s 19 sch 1; 2014 No. 62 s 75\n(sec.185-ssec.1) The chief executive may grant an exemption for a child if the chief executive is reasonably satisfied— the child can not attend a State school or non-State school; or it would be unreasonable in all the circumstances to require the child to attend a State school or non-State school.\n(sec.185-ssec.2) The chief executive may grant the exemption for a stated or indefinite period.\n(sec.185-ssec.3) Despite subsection (1) , the chief executive may not grant an exemption from compliance with section 176 (1) (b) for a child under this section if— the child is enrolled at a non-State school; and the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under this section or section 185A for the child to be more than 110 school days in a year.\n- (a) the child can not attend a State school or non-State school; or\n- (b) it would be unreasonable in all the circumstances to require the child to attend a State school or non-State school.\n- (a) the child is enrolled at a non-State school; and\n- (b) the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under this section or section 185A for the child to be more than 110 school days in a year.","sortOrder":268},{"sectionNumber":"sec.185A","sectionType":"section","heading":"Non-State school’s principal may grant exemption from requirement to attend school","content":"### sec.185A Non-State school’s principal may grant exemption from requirement to attend school\n\nA non-State school’s principal may grant an exemption from compliance with section 176 (1) (b) for a child enrolled at the school if—\nthe principal is reasonably satisfied—\nthe child can not attend the school; or\nit would be unreasonable in all the circumstances to require the child to attend the school; and\nthe period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 185 or this section for the child to be more than 110 school days in a year.\ns 185A ins 2014 No. 62 s 76\n- (a) the principal is reasonably satisfied— (i) the child can not attend the school; or (ii) it would be unreasonable in all the circumstances to require the child to attend the school; and\n- (i) the child can not attend the school; or\n- (ii) it would be unreasonable in all the circumstances to require the child to attend the school; and\n- (b) the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 185 or this section for the child to be more than 110 school days in a year.\n- (i) the child can not attend the school; or\n- (ii) it would be unreasonable in all the circumstances to require the child to attend the school; and","sortOrder":269},{"sectionNumber":"ch.9-pt.3-div.3","sectionType":"division","heading":"Application process","content":"## Application process","sortOrder":270},{"sectionNumber":"sec.186","sectionType":"section","heading":"Application for exemption","content":"### sec.186 Application for exemption\n\nA parent of a child may apply to the following person (the relevant decision-maker ) for an exemption for the child—\nfor an application for an exemption under section 185 —the chief executive;\nfor an application for an exemption under section 185A —the principal of the non-State school at which the child is enrolled.\nThe applicant must provide any other relevant information reasonably required by the relevant decision-maker to decide the application.\ns 186 sub 2014 No. 62 s 77\n(sec.186-ssec.1) A parent of a child may apply to the following person (the relevant decision-maker ) for an exemption for the child— for an application for an exemption under section 185 —the chief executive; for an application for an exemption under section 185A —the principal of the non-State school at which the child is enrolled.\n(sec.186-ssec.2) The applicant must provide any other relevant information reasonably required by the relevant decision-maker to decide the application.\n- (a) for an application for an exemption under section 185 —the chief executive;\n- (b) for an application for an exemption under section 185A —the principal of the non-State school at which the child is enrolled.","sortOrder":271},{"sectionNumber":"sec.187","sectionType":"section","heading":"Lapsing of application","content":"### sec.187 Lapsing of application\n\nThe relevant decision-maker may make a requirement under section 186 (2) , for information to decide the application, by giving the applicant a notice stating—\nthe required information; and\nthe time by which the information must be given to the relevant decision-maker; and\nthat, if the information is not given to the relevant decision-maker by the stated time, the application will lapse.\nThe time stated must be reasonable and, in any case, at least 14 days after the requirement is made.\nThe relevant decision-maker may withdraw the requirement, or part of the requirement, at any time.\nBefore the stated time ends, the relevant decision-maker may give the applicant a further notice extending the stated time if the relevant decision-maker is satisfied it would be reasonable in all the circumstances to give the extension.\nIf the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\ns 187 amd 2014 No. 62 s 78\n(sec.187-ssec.1) The relevant decision-maker may make a requirement under section 186 (2) , for information to decide the application, by giving the applicant a notice stating— the required information; and the time by which the information must be given to the relevant decision-maker; and that, if the information is not given to the relevant decision-maker by the stated time, the application will lapse.\n(sec.187-ssec.2) The time stated must be reasonable and, in any case, at least 14 days after the requirement is made.\n(sec.187-ssec.3) The relevant decision-maker may withdraw the requirement, or part of the requirement, at any time.\n(sec.187-ssec.4) Before the stated time ends, the relevant decision-maker may give the applicant a further notice extending the stated time if the relevant decision-maker is satisfied it would be reasonable in all the circumstances to give the extension.\n(sec.187-ssec.5) If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\n- (a) the required information; and\n- (b) the time by which the information must be given to the relevant decision-maker; and\n- (c) that, if the information is not given to the relevant decision-maker by the stated time, the application will lapse.","sortOrder":272},{"sectionNumber":"sec.188","sectionType":"section","heading":"Temporary exemption until application is decided","content":"### sec.188 Temporary exemption until application is decided\n\nFor an application for an exemption under section 185 , section 176 (1) does not apply to a parent of the child until—\n14 days after the chief executive gives notice to the applicant under section 189 ; or\nthe application lapses.\nFor an application for an exemption under section 185A , section 176 (1) (b) does not apply to a parent of the child until—\n14 days after the non-State school’s principal gives notice to the applicant under section 189 ; or\nthe application lapses.\ns 188 amd 2014 No. 62 s 79\n(sec.188-ssec.1) For an application for an exemption under section 185 , section 176 (1) does not apply to a parent of the child until— 14 days after the chief executive gives notice to the applicant under section 189 ; or the application lapses.\n(sec.188-ssec.2) For an application for an exemption under section 185A , section 176 (1) (b) does not apply to a parent of the child until— 14 days after the non-State school’s principal gives notice to the applicant under section 189 ; or the application lapses.\n- (a) 14 days after the chief executive gives notice to the applicant under section 189 ; or\n- (b) the application lapses.\n- (a) 14 days after the non-State school’s principal gives notice to the applicant under section 189 ; or\n- (b) the application lapses.","sortOrder":273},{"sectionNumber":"sec.189","sectionType":"section","heading":"Decision","content":"### sec.189 Decision\n\nThe relevant decision-maker must consider the application and either grant, or refuse to grant, the exemption.\nIf the relevant decision-maker decides to grant the exemption, the relevant decision-maker must as soon as practicable grant the exemption to the applicant.\nIf the relevant decision-maker decides to refuse to grant the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.\ns 189 amd 2014 No. 62 s 80\n(sec.189-ssec.1) The relevant decision-maker must consider the application and either grant, or refuse to grant, the exemption.\n(sec.189-ssec.2) If the relevant decision-maker decides to grant the exemption, the relevant decision-maker must as soon as practicable grant the exemption to the applicant.\n(sec.189-ssec.3) If the relevant decision-maker decides to refuse to grant the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.","sortOrder":274},{"sectionNumber":"sec.190","sectionType":"section","heading":"Contents of exemption","content":"### sec.190 Contents of exemption\n\nThis section applies if the relevant decision-maker decides to grant an exemption for a child.\nThe exemption must state each of the following—\nthe day the exemption is granted;\nthe name of the child to whom the exemption relates;\nif the exemption does not apply for an indefinite period—the day of its expiry;\nany conditions on which the exemption is granted;\nwhether the relevant decision-maker has granted any other exemptions for the child in the year in which the exemption is granted, and, if so, the period of each exemption.\ns 190 amd 2014 No. 62 s 81\n(sec.190-ssec.1) This section applies if the relevant decision-maker decides to grant an exemption for a child.\n(sec.190-ssec.2) The exemption must state each of the following— the day the exemption is granted; the name of the child to whom the exemption relates; if the exemption does not apply for an indefinite period—the day of its expiry; any conditions on which the exemption is granted; whether the relevant decision-maker has granted any other exemptions for the child in the year in which the exemption is granted, and, if so, the period of each exemption.\n- (a) the day the exemption is granted;\n- (b) the name of the child to whom the exemption relates;\n- (c) if the exemption does not apply for an indefinite period—the day of its expiry;\n- (d) any conditions on which the exemption is granted;\n- (e) whether the relevant decision-maker has granted any other exemptions for the child in the year in which the exemption is granted, and, if so, the period of each exemption.","sortOrder":275},{"sectionNumber":"sec.191","sectionType":"section","heading":"Imposition of conditions","content":"### sec.191 Imposition of conditions\n\nThe relevant decision-maker may, in granting the exemption, decide to impose conditions on the exemption that are relevant and reasonable.\nIf the relevant decision-maker decides to grant an exemption on conditions, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.\ns 191 amd 2014 No. 62 s 82\n(sec.191-ssec.1) The relevant decision-maker may, in granting the exemption, decide to impose conditions on the exemption that are relevant and reasonable.\n(sec.191-ssec.2) If the relevant decision-maker decides to grant an exemption on conditions, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.","sortOrder":276},{"sectionNumber":"sec.192","sectionType":"section","heading":"Lesser period of exemption than that applied for","content":"### sec.192 Lesser period of exemption than that applied for\n\nThe relevant decision-maker may, in granting the application, decide to grant the exemption for a lesser period than that applied for by the applicant for the exemption.\nIf the relevant decision-maker decides to grant an exemption for a lesser period than that applied for by the applicant for the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.\ns 192 amd 2014 No. 62 s 83\n(sec.192-ssec.1) The relevant decision-maker may, in granting the application, decide to grant the exemption for a lesser period than that applied for by the applicant for the exemption.\n(sec.192-ssec.2) If the relevant decision-maker decides to grant an exemption for a lesser period than that applied for by the applicant for the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.","sortOrder":277},{"sectionNumber":"ch.9-pt.3-div.4","sectionType":"division","heading":"Cancellation of exemption","content":"## Cancellation of exemption","sortOrder":278},{"sectionNumber":"sec.193","sectionType":"section","heading":"Grounds for cancellation","content":"### sec.193 Grounds for cancellation\n\nEach of the following is a ground for cancelling an exemption for a child—\nthe ground for the grant of the exemption no longer applies to the child; or\na condition of the exemption has been contravened.\ns 193 amd 2014 No. 62 s 84\n- (a) the ground for the grant of the exemption no longer applies to the child; or\n- (b) a condition of the exemption has been contravened.","sortOrder":279},{"sectionNumber":"sec.194","sectionType":"section","heading":"Show cause notice","content":"### sec.194 Show cause notice\n\nIf the relevant decision-maker reasonably believes a ground exists to cancel the exemption for a child, the relevant decision-maker must give a parent of the child a notice under this section (a show cause notice ).\nThe show cause notice must state the following—\nthe action (the proposed action ) the relevant decision-maker proposes taking under this division;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nan invitation to the parent to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 30 days after the show cause notice is given to the parent.\ns 194 amd 2014 No. 62 s 85\n(sec.194-ssec.1) If the relevant decision-maker reasonably believes a ground exists to cancel the exemption for a child, the relevant decision-maker must give a parent of the child a notice under this section (a show cause notice ).\n(sec.194-ssec.2) The show cause notice must state the following— the action (the proposed action ) the relevant decision-maker proposes taking under this division; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; an invitation to the parent to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.194-ssec.3) The show cause period must be a period ending at least 30 days after the show cause notice is given to the parent.\n- (a) the action (the proposed action ) the relevant decision-maker proposes taking under this division;\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) an invitation to the parent to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":280},{"sectionNumber":"sec.195","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.195 Representations about show cause notice\n\nThe parent may make written representations about the show cause notice to the relevant decision-maker in the show cause period.\nThe relevant decision-maker must consider all written representations (the accepted representations ) made under subsection (1) .\ns 195 amd 2014 No. 62 s 86\n(sec.195-ssec.1) The parent may make written representations about the show cause notice to the relevant decision-maker in the show cause period.\n(sec.195-ssec.2) The relevant decision-maker must consider all written representations (the accepted representations ) made under subsection (1) .","sortOrder":281},{"sectionNumber":"sec.196","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.196 Ending show cause process without further action\n\nIf, after considering any accepted representations for the show cause notice, the relevant decision-maker no longer believes the ground to cancel the exemption exists, the relevant decision-maker—\nmust not take further action about the show cause notice; and\nmust, as soon as practicable, give notice to the parent that no further action will be taken about the show cause notice.\ns 196 amd 2014 No. 62 s 87\n- (a) must not take further action about the show cause notice; and\n- (b) must, as soon as practicable, give notice to the parent that no further action will be taken about the show cause notice.","sortOrder":282},{"sectionNumber":"sec.197","sectionType":"section","heading":"Cancellation","content":"### sec.197 Cancellation\n\nThis section applies if, after considering any accepted representations for the show cause notice, the relevant decision-maker—\nstill believes the ground to cancel the exemption exists; and\nbelieves cancellation of the exemption is warranted.\nThis section also applies if there are no accepted representations for the show cause notice.\nThe relevant decision-maker may decide to cancel the exemption.\nThe relevant decision-maker must, as soon as practicable, give an information notice about the decision to the parent.\nThe decision does not take effect until—\nthe last day to apply for a review of the decision; or\nif the decision is reviewed—\nthe last day to apply under chapter 15 , part 2 for a review of the decision; or\nif a review of the decision is applied for—the day the review is decided.\nIn this section—\nreview , of a decision, means review of the decision under chapter 15 , part 1 .\nreview decision see section 392 (2) .\ns 197 amd 2009 No. 24 s 132 ; 2014 No. 62 s 88\n(sec.197-ssec.1) This section applies if, after considering any accepted representations for the show cause notice, the relevant decision-maker— still believes the ground to cancel the exemption exists; and believes cancellation of the exemption is warranted.\n(sec.197-ssec.2) This section also applies if there are no accepted representations for the show cause notice.\n(sec.197-ssec.3) The relevant decision-maker may decide to cancel the exemption.\n(sec.197-ssec.4) The relevant decision-maker must, as soon as practicable, give an information notice about the decision to the parent.\n(sec.197-ssec.5) The decision does not take effect until— the last day to apply for a review of the decision; or if the decision is reviewed— the last day to apply under chapter 15 , part 2 for a review of the decision; or if a review of the decision is applied for—the day the review is decided.\n(sec.197-ssec.6) In this section— review , of a decision, means review of the decision under chapter 15 , part 1 . review decision see section 392 (2) .\n- (a) still believes the ground to cancel the exemption exists; and\n- (b) believes cancellation of the exemption is warranted.\n- (a) the last day to apply for a review of the decision; or\n- (b) if the decision is reviewed— (i) the last day to apply under chapter 15 , part 2 for a review of the decision; or (ii) if a review of the decision is applied for—the day the review is decided.\n- (i) the last day to apply under chapter 15 , part 2 for a review of the decision; or\n- (ii) if a review of the decision is applied for—the day the review is decided.\n- (i) the last day to apply under chapter 15 , part 2 for a review of the decision; or\n- (ii) if a review of the decision is applied for—the day the review is decided.","sortOrder":283},{"sectionNumber":"ch.9-pt.3-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":284},{"sectionNumber":"sec.197A","sectionType":"section","heading":"Record of decisions about exemptions—non-State schools","content":"### sec.197A Record of decisions about exemptions—non-State schools\n\nThe governing body of a non-State school must keep a record of each decision made by the school’s principal under section 189 as required under subsection (2) .\nMaximum penalty—20 penalty units.\nThe record must—\nbe kept for at least 5 years from the day the decision was made; and\nfor a decision to grant an application for an exemption—include the matters mentioned in section 190 (2) .\ns 197A ins 2014 No. 62 s 89\n(sec.197A-ssec.1) The governing body of a non-State school must keep a record of each decision made by the school’s principal under section 189 as required under subsection (2) . Maximum penalty—20 penalty units.\n(sec.197A-ssec.2) The record must— be kept for at least 5 years from the day the decision was made; and for a decision to grant an application for an exemption—include the matters mentioned in section 190 (2) .\n- (a) be kept for at least 5 years from the day the decision was made; and\n- (b) for a decision to grant an application for an exemption—include the matters mentioned in section 190 (2) .","sortOrder":285},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Other circumstances in which compulsory schooling requirement does not apply","content":"# Other circumstances in which compulsory schooling requirement does not apply","sortOrder":286},{"sectionNumber":"sec.198","sectionType":"section","heading":"Activities under Commonwealth law","content":"### sec.198 Activities under Commonwealth law\n\nSection 176 (1) does not apply to the extent it is inconsistent with a law of the Commonwealth under which a person who is of compulsory school age may carry on an activity other than attending a State school or non-State school.","sortOrder":287},{"sectionNumber":"sec.199","sectionType":"section","heading":"Home education","content":"### sec.199 Home education\n\nSection 176 (1) does not apply to a child who is provisionally registered, or registered, for home education under part 5 .\nAlso, section 176 (1) does not apply to a child if an application has been made, under part 5 , division 2 , for the provisional registration of the child for home education and the applicant has not been notified under section 207 (2) that the child is provisionally registered for home education.\ns 199 amd 2018 No. 1 s 119\n(sec.199-ssec.1) Section 176 (1) does not apply to a child who is provisionally registered, or registered, for home education under part 5 .\n(sec.199-ssec.2) Also, section 176 (1) does not apply to a child if an application has been made, under part 5 , division 2 , for the provisional registration of the child for home education and the applicant has not been notified under section 207 (2) that the child is provisionally registered for home education.","sortOrder":288},{"sectionNumber":"sec.200","sectionType":"section","heading":"Child’s exclusion or suspension","content":"### sec.200 Child’s exclusion or suspension\n\nSection 176 (1) does not apply—\nto a child who is excluded from all State schools; or\nfor a child who is excluded from a particular State school, during the time reasonably required, after the exclusion, for a parent of the child—\nto arrange the child’s enrolment with another State school or a non-State school; or\nto make an application, under part 5 , for the provisional registration, or registration, of the child for home education; or\nfor a child who is excluded from particular State schools, during the time reasonably required, after the exclusion, for a parent of the child—\nto arrange the child’s enrolment with a State school not affected by the exclusion or a non-State school; or\nto make an application, under part 5 , for the provisional registration, or registration, of the child for home education.\nSection 176 (1) (b) does not apply—\nfor a child who is suspended from a State school at which the child is enrolled—while the child is suspended and the child’s access to an educational program under section 284 , 294 or 301 has not been arranged; or\nfor a child who is suspended from a non-State school at which the child is enrolled—while the child is suspended.\nIn this section—\nexcluded means excluded under chapter 12 , part 3 .\nsuspended means suspended under chapter 12 , part 3 .\ns 200 amd 2009 No. 24 s 133 ; 2010 No. 50 s 9 ; 2013 No. 59 s 7 ; 2018 No. 1 s 120\n(sec.200-ssec.1) Section 176 (1) does not apply— to a child who is excluded from all State schools; or for a child who is excluded from a particular State school, during the time reasonably required, after the exclusion, for a parent of the child— to arrange the child’s enrolment with another State school or a non-State school; or to make an application, under part 5 , for the provisional registration, or registration, of the child for home education; or for a child who is excluded from particular State schools, during the time reasonably required, after the exclusion, for a parent of the child— to arrange the child’s enrolment with a State school not affected by the exclusion or a non-State school; or to make an application, under part 5 , for the provisional registration, or registration, of the child for home education.\n(sec.200-ssec.2) Section 176 (1) (b) does not apply— for a child who is suspended from a State school at which the child is enrolled—while the child is suspended and the child’s access to an educational program under section 284 , 294 or 301 has not been arranged; or for a child who is suspended from a non-State school at which the child is enrolled—while the child is suspended.\n(sec.200-ssec.3) In this section— excluded means excluded under chapter 12 , part 3 . suspended means suspended under chapter 12 , part 3 .\n- (a) to a child who is excluded from all State schools; or\n- (b) for a child who is excluded from a particular State school, during the time reasonably required, after the exclusion, for a parent of the child— (i) to arrange the child’s enrolment with another State school or a non-State school; or (ii) to make an application, under part 5 , for the provisional registration, or registration, of the child for home education; or\n- (i) to arrange the child’s enrolment with another State school or a non-State school; or\n- (ii) to make an application, under part 5 , for the provisional registration, or registration, of the child for home education; or\n- (c) for a child who is excluded from particular State schools, during the time reasonably required, after the exclusion, for a parent of the child— (i) to arrange the child’s enrolment with a State school not affected by the exclusion or a non-State school; or (ii) to make an application, under part 5 , for the provisional registration, or registration, of the child for home education.\n- (i) to arrange the child’s enrolment with a State school not affected by the exclusion or a non-State school; or\n- (ii) to make an application, under part 5 , for the provisional registration, or registration, of the child for home education.\n- (i) to arrange the child’s enrolment with another State school or a non-State school; or\n- (ii) to make an application, under part 5 , for the provisional registration, or registration, of the child for home education; or\n- (i) to arrange the child’s enrolment with a State school not affected by the exclusion or a non-State school; or\n- (ii) to make an application, under part 5 , for the provisional registration, or registration, of the child for home education.\n- (a) for a child who is suspended from a State school at which the child is enrolled—while the child is suspended and the child’s access to an educational program under section 284 , 294 or 301 has not been arranged; or\n- (b) for a child who is suspended from a non-State school at which the child is enrolled—while the child is suspended.","sortOrder":289},{"sectionNumber":"sec.201","sectionType":"section","heading":"Child’s illness","content":"### sec.201 Child’s illness\n\nSection 176 (1) (b) does not apply to a child for a period of not more than 10 consecutive school days during which the child is too ill to attend the State school or non-State school at which the child is enrolled.\nIf a child is prevented by illness from attending school for a longer period, an exemption from compliance with section 176 (1) may be granted under part 3 .\nA regulation may provide for the obligations of the parents of a child mentioned in subsection (1) .\ns 201 amd 2014 No. 62 s 90\n(sec.201-ssec.1) Section 176 (1) (b) does not apply to a child for a period of not more than 10 consecutive school days during which the child is too ill to attend the State school or non-State school at which the child is enrolled. If a child is prevented by illness from attending school for a longer period, an exemption from compliance with section 176 (1) may be granted under part 3 .\n(sec.201-ssec.2) A regulation may provide for the obligations of the parents of a child mentioned in subsection (1) .","sortOrder":290},{"sectionNumber":"sec.202","sectionType":"section","heading":"Infectious or contagious disease or condition","content":"### sec.202 Infectious or contagious disease or condition\n\nSection 176 (1) (b) does not apply to a child who is prevented from attending school because the child is, or is a member of a class of persons that is, subject to a direction given, or declaration, order or requirement made, under an Act or other law about an infectious or contagious disease or condition.","sortOrder":291},{"sectionNumber":"sec.203","sectionType":"section","heading":"Application for enrolment pending","content":"### sec.203 Application for enrolment pending\n\nSection 176 (1) does not apply to a child—\nif an application has been made, under section 155 , for the enrolment of the child at a State school; and\nthe applicant has not received notice of the decision on the application.\n- (a) if an application has been made, under section 155 , for the enrolment of the child at a State school; and\n- (b) the applicant has not received notice of the decision on the application.","sortOrder":292},{"sectionNumber":"sec.204","sectionType":"section","heading":"Apprentice or trainee under the Further Education and Training Act 2014","content":"### sec.204 Apprentice or trainee under the Further Education and Training Act 2014\n\nSection 176 (1) does not apply to a child who is, or for whom an arrangement has been made for the child to become, an apprentice or trainee under the Further Education and Training Act 2014 .\ns 204 amd 2014 No. 25 s 223 sch 1 pt 2","sortOrder":293},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Home education","content":"# Home education","sortOrder":294},{"sectionNumber":"ch.9-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":295},{"sectionNumber":"sec.205","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.205 Definitions for pt 5\n\nIn this part—\nhome education , for a child, means the education of the child provided by 1 or both of the child’s parents, or a registered teacher, primarily at the child’s usual place of residence.\nprovisional registration , of a child for home education, means the provisional registration of the child for home education under section 207 .\nregistration , of a child for home education, means the registration of the child for home education under section 213 .\nstandard conditions of registration see section 217 (1) .","sortOrder":296},{"sectionNumber":"sec.206","sectionType":"section","heading":"Who is eligible for provisional registration or registration for home education","content":"### sec.206 Who is eligible for provisional registration or registration for home education\n\nA child is eligible for provisional registration or registration for home education—\nif the child will be at least 5 years and 6 months on 31 December in the year the application for the child’s provisional registration or registration is made; and\nuntil 31 December in the year the child turns 18.\ns 206 sub 2014 No. 62 s 40 ; 2016 No. 46 s 10 ; 2018 No. 1 s 121 ; 2025 No. 24 s 9\n- (a) if the child will be at least 5 years and 6 months on 31 December in the year the application for the child’s provisional registration or registration is made; and\n- (b) until 31 December in the year the child turns 18.","sortOrder":297},{"sectionNumber":"ch.9-pt.5-div.2","sectionType":"division","heading":"Applications for provisional registration","content":"## Applications for provisional registration","sortOrder":298},{"sectionNumber":"sec.207","sectionType":"section","heading":"Provisional registration","content":"### sec.207 Provisional registration\n\nAn application for provisional registration of a child for home education must—\nbe made in writing to the chief executive; and\nstate—\nthe applicant’s name; and\nthe child’s name and date of birth; and\nthe address of the child’s usual place of residence; and\nbe accompanied by evidence, satisfactory to the chief executive, that—\nthe child is eligible for provisional registration for home education; and\nthe applicant is a parent of the child.\nThe chief executive must, as soon as practicable after receiving the application, notify the applicant that the child is provisionally registered for home education.\nProvisional registration of the child for home education ends 60 days after the giving of the notice under subsection (2) .\nHowever, if an application is made for registration of the child for home education during the provisional registration period, the provisional registration continues until the day the chief executive notifies the applicant of the chief executive’s decision on the application.\nAn application under this section may relate to only 1 child.\n(sec.207-ssec.1) An application for provisional registration of a child for home education must— be made in writing to the chief executive; and state— the applicant’s name; and the child’s name and date of birth; and the address of the child’s usual place of residence; and be accompanied by evidence, satisfactory to the chief executive, that— the child is eligible for provisional registration for home education; and the applicant is a parent of the child.\n(sec.207-ssec.2) The chief executive must, as soon as practicable after receiving the application, notify the applicant that the child is provisionally registered for home education.\n(sec.207-ssec.3) Provisional registration of the child for home education ends 60 days after the giving of the notice under subsection (2) .\n(sec.207-ssec.4) However, if an application is made for registration of the child for home education during the provisional registration period, the provisional registration continues until the day the chief executive notifies the applicant of the chief executive’s decision on the application.\n(sec.207-ssec.5) An application under this section may relate to only 1 child.\n- (a) be made in writing to the chief executive; and\n- (b) state— (i) the applicant’s name; and (ii) the child’s name and date of birth; and (iii) the address of the child’s usual place of residence; and\n- (i) the applicant’s name; and\n- (ii) the child’s name and date of birth; and\n- (iii) the address of the child’s usual place of residence; and\n- (c) be accompanied by evidence, satisfactory to the chief executive, that— (i) the child is eligible for provisional registration for home education; and (ii) the applicant is a parent of the child.\n- (i) the child is eligible for provisional registration for home education; and\n- (ii) the applicant is a parent of the child.\n- (i) the applicant’s name; and\n- (ii) the child’s name and date of birth; and\n- (iii) the address of the child’s usual place of residence; and\n- (i) the child is eligible for provisional registration for home education; and\n- (ii) the applicant is a parent of the child.","sortOrder":299},{"sectionNumber":"ch.9-pt.5-div.3","sectionType":"division","heading":"Applications for registration","content":"## Applications for registration","sortOrder":300},{"sectionNumber":"sec.208","sectionType":"section","heading":"Procedural requirements for application","content":"### sec.208 Procedural requirements for application\n\nAn application for registration of a child for home education must be—\nmade to the chief executive; and\nin the approved form; and\naccompanied by—\nevidence, satisfactory to the chief executive, that—\nthe child is eligible for registration for home education; and\nthe applicant is a parent of the child; and\na summary of the educational program to be used for the home education; and\nany other documents, identified in the approved form, the chief executive reasonably requires to decide the application.\nInformation in, or accompanying, the application must, if the approved form requires, be verified by a statutory declaration.\nAn application under this section may relate to only 1 child.\ns 208 amd 2018 No. 1 s 122\n(sec.208-ssec.1) An application for registration of a child for home education must be— made to the chief executive; and in the approved form; and accompanied by— evidence, satisfactory to the chief executive, that— the child is eligible for registration for home education; and the applicant is a parent of the child; and a summary of the educational program to be used for the home education; and any other documents, identified in the approved form, the chief executive reasonably requires to decide the application.\n(sec.208-ssec.2) Information in, or accompanying, the application must, if the approved form requires, be verified by a statutory declaration.\n(sec.208-ssec.3) An application under this section may relate to only 1 child.\n- (a) made to the chief executive; and\n- (b) in the approved form; and\n- (c) accompanied by— (i) evidence, satisfactory to the chief executive, that— (A) the child is eligible for registration for home education; and (B) the applicant is a parent of the child; and (ii) a summary of the educational program to be used for the home education; and (iii) any other documents, identified in the approved form, the chief executive reasonably requires to decide the application.\n- (i) evidence, satisfactory to the chief executive, that— (A) the child is eligible for registration for home education; and (B) the applicant is a parent of the child; and\n- (A) the child is eligible for registration for home education; and\n- (B) the applicant is a parent of the child; and\n- (ii) a summary of the educational program to be used for the home education; and\n- (iii) any other documents, identified in the approved form, the chief executive reasonably requires to decide the application.\n- (i) evidence, satisfactory to the chief executive, that— (A) the child is eligible for registration for home education; and (B) the applicant is a parent of the child; and\n- (A) the child is eligible for registration for home education; and\n- (B) the applicant is a parent of the child; and\n- (ii) a summary of the educational program to be used for the home education; and\n- (iii) any other documents, identified in the approved form, the chief executive reasonably requires to decide the application.\n- (A) the child is eligible for registration for home education; and\n- (B) the applicant is a parent of the child; and","sortOrder":301},{"sectionNumber":"sec.209","sectionType":"section","heading":"Withdrawal of application","content":"### sec.209 Withdrawal of application\n\nA person may, by notice given to the chief executive, withdraw the person’s application for the registration of a child for home education.\nIf, under subsection (1) , a person withdraws the person’s application for the registration of a child for home education, the child’s provisional registration for home education under section 212 is cancelled.\n(sec.209-ssec.1) A person may, by notice given to the chief executive, withdraw the person’s application for the registration of a child for home education.\n(sec.209-ssec.2) If, under subsection (1) , a person withdraws the person’s application for the registration of a child for home education, the child’s provisional registration for home education under section 212 is cancelled.","sortOrder":302},{"sectionNumber":"sec.210","sectionType":"section","heading":"Chief executive must ensure compliance with procedural requirements","content":"### sec.210 Chief executive must ensure compliance with procedural requirements\n\nIf the chief executive considers an application for the registration of a child for home education does not comply with a procedural requirement, the chief executive must, by notice given to the applicant, require the applicant to comply with the requirement within a reasonable period, of at least 28 days, stated in the notice.\nHowever, the chief executive and applicant may, within the period stated in the notice, agree to extend the period for complying with the procedural requirement to a day (the agreed compliance day ) after the end of the period stated in the notice.\nIf the applicant does not comply with the procedural requirement within the period stated in the notice, or by the agreed compliance day, the chief executive may decide to refuse to grant the application.\nIf the chief executive decides to refuse to grant the application—\nthe chief executive must give the applicant an information notice about the decision; and\nthe child’s provisional registration for home education under section 212 is cancelled.\n(sec.210-ssec.1) If the chief executive considers an application for the registration of a child for home education does not comply with a procedural requirement, the chief executive must, by notice given to the applicant, require the applicant to comply with the requirement within a reasonable period, of at least 28 days, stated in the notice.\n(sec.210-ssec.2) However, the chief executive and applicant may, within the period stated in the notice, agree to extend the period for complying with the procedural requirement to a day (the agreed compliance day ) after the end of the period stated in the notice.\n(sec.210-ssec.3) If the applicant does not comply with the procedural requirement within the period stated in the notice, or by the agreed compliance day, the chief executive may decide to refuse to grant the application.\n(sec.210-ssec.4) If the chief executive decides to refuse to grant the application— the chief executive must give the applicant an information notice about the decision; and the child’s provisional registration for home education under section 212 is cancelled.\n- (a) the chief executive must give the applicant an information notice about the decision; and\n- (b) the child’s provisional registration for home education under section 212 is cancelled.","sortOrder":303},{"sectionNumber":"sec.211","sectionType":"section","heading":"Chief executive may require further information or documents","content":"### sec.211 Chief executive may require further information or documents\n\nIf the chief executive considers further information or a document is required for deciding an application for the registration of a child for home education, the chief executive may, by notice given to the applicant, require the applicant to give the information or document to the chief executive within a reasonable period, of at least 28 days, stated in the notice.\nThe chief executive may also require the information or document to be verified by a statutory declaration.\nDespite subsection (1) , the chief executive and applicant may, within the period stated in the notice, agree to extend the period for complying with a requirement under subsection (1) to a day (the agreed compliance day ) after the end of the period stated in the notice.\nIf the applicant does not comply with a requirement under subsection (1) within the period stated in the notice, or by the agreed compliance day, the chief executive may decide to refuse to grant the application.\nIf the chief executive decides to refuse to grant the application—\nthe chief executive must give the applicant an information notice about the decision; and\nthe child’s provisional registration for home education under section 212 is cancelled.\n(sec.211-ssec.1) If the chief executive considers further information or a document is required for deciding an application for the registration of a child for home education, the chief executive may, by notice given to the applicant, require the applicant to give the information or document to the chief executive within a reasonable period, of at least 28 days, stated in the notice.\n(sec.211-ssec.2) The chief executive may also require the information or document to be verified by a statutory declaration.\n(sec.211-ssec.3) Despite subsection (1) , the chief executive and applicant may, within the period stated in the notice, agree to extend the period for complying with a requirement under subsection (1) to a day (the agreed compliance day ) after the end of the period stated in the notice.\n(sec.211-ssec.4) If the applicant does not comply with a requirement under subsection (1) within the period stated in the notice, or by the agreed compliance day, the chief executive may decide to refuse to grant the application.\n(sec.211-ssec.5) If the chief executive decides to refuse to grant the application— the chief executive must give the applicant an information notice about the decision; and the child’s provisional registration for home education under section 212 is cancelled.\n- (a) the chief executive must give the applicant an information notice about the decision; and\n- (b) the child’s provisional registration for home education under section 212 is cancelled.","sortOrder":304},{"sectionNumber":"sec.212","sectionType":"section","heading":"Child taken to be provisionally registered while application decided","content":"### sec.212 Child taken to be provisionally registered while application decided\n\nThis section applies if an application is made for the registration of a child for home education.\nThe child is provisionally registered, under this section, for home education until—\nif the chief executive decides to grant the application—the day the decision is made; or\nif the chief executive decides to refuse to grant the application—\nthe last day to apply under chapter 15 , part 1 for a review of the decision; or\nif the applicant applies under chapter 15 , part 1 for a review of the decision and the chief executive confirms the decision on the review—the last day to apply under chapter 15 , part 2 for a review of the review decision; or\nif the applicant applies under chapter 15 , part 2 for a review of the review decision about the decision—the day the review decision is confirmed on the review or the application for review is withdrawn.\nThe chief executive must, as soon as practicable after receiving the application, notify the applicant that the child is provisionally registered, under this section, for home education.\ns 212 amd 2018 No. 1 s 123\n(sec.212-ssec.1) This section applies if an application is made for the registration of a child for home education.\n(sec.212-ssec.2) The child is provisionally registered, under this section, for home education until— if the chief executive decides to grant the application—the day the decision is made; or if the chief executive decides to refuse to grant the application— the last day to apply under chapter 15 , part 1 for a review of the decision; or if the applicant applies under chapter 15 , part 1 for a review of the decision and the chief executive confirms the decision on the review—the last day to apply under chapter 15 , part 2 for a review of the review decision; or if the applicant applies under chapter 15 , part 2 for a review of the review decision about the decision—the day the review decision is confirmed on the review or the application for review is withdrawn.\n(sec.212-ssec.3) The chief executive must, as soon as practicable after receiving the application, notify the applicant that the child is provisionally registered, under this section, for home education.\n- (a) if the chief executive decides to grant the application—the day the decision is made; or\n- (b) if the chief executive decides to refuse to grant the application— (i) the last day to apply under chapter 15 , part 1 for a review of the decision; or (ii) if the applicant applies under chapter 15 , part 1 for a review of the decision and the chief executive confirms the decision on the review—the last day to apply under chapter 15 , part 2 for a review of the review decision; or (iii) if the applicant applies under chapter 15 , part 2 for a review of the review decision about the decision—the day the review decision is confirmed on the review or the application for review is withdrawn.\n- (i) the last day to apply under chapter 15 , part 1 for a review of the decision; or\n- (ii) if the applicant applies under chapter 15 , part 1 for a review of the decision and the chief executive confirms the decision on the review—the last day to apply under chapter 15 , part 2 for a review of the review decision; or\n- (iii) if the applicant applies under chapter 15 , part 2 for a review of the review decision about the decision—the day the review decision is confirmed on the review or the application for review is withdrawn.\n- (i) the last day to apply under chapter 15 , part 1 for a review of the decision; or\n- (ii) if the applicant applies under chapter 15 , part 1 for a review of the decision and the chief executive confirms the decision on the review—the last day to apply under chapter 15 , part 2 for a review of the review decision; or\n- (iii) if the applicant applies under chapter 15 , part 2 for a review of the review decision about the decision—the day the review decision is confirmed on the review or the application for review is withdrawn.","sortOrder":305},{"sectionNumber":"sec.213","sectionType":"section","heading":"Decision","content":"### sec.213 Decision\n\nThe chief executive must consider an application for the registration of a child for home education and decide whether the chief executive is satisfied the standard conditions of registration will be complied with.\nIf the chief executive is satisfied the standard conditions of registration will be complied with, the chief executive must decide to register the child for home education.\n(sec.213-ssec.1) The chief executive must consider an application for the registration of a child for home education and decide whether the chief executive is satisfied the standard conditions of registration will be complied with.\n(sec.213-ssec.2) If the chief executive is satisfied the standard conditions of registration will be complied with, the chief executive must decide to register the child for home education.","sortOrder":306},{"sectionNumber":"sec.214","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.214 Steps to be taken after application decided\n\nIf the chief executive decides to grant an application for the registration of a child for home education, the chief executive must as soon as practicable issue a certificate of registration, for the child, to the applicant.\nIf the chief executive decides to refuse to grant an application for the registration of a child for home education, the chief executive must as soon as practicable give the applicant an information notice about the decision.\n(sec.214-ssec.1) If the chief executive decides to grant an application for the registration of a child for home education, the chief executive must as soon as practicable issue a certificate of registration, for the child, to the applicant.\n(sec.214-ssec.2) If the chief executive decides to refuse to grant an application for the registration of a child for home education, the chief executive must as soon as practicable give the applicant an information notice about the decision.","sortOrder":307},{"sectionNumber":"sec.215","sectionType":"section","heading":"Failure to decide application","content":"### sec.215 Failure to decide application\n\nSubject to subsection (3) , if the chief executive fails to decide an application for the registration of a child for home education within 90 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\nSubsection (3) applies if the chief executive has, under section 211 (1) , required an applicant for the registration of a child for home education to give the chief executive further information or a document.\nThe chief executive is taken to have decided to refuse to grant the application if the chief executive fails to decide the application within 90 days after the chief executive receives the further information or document.\nIf the chief executive is taken to have decided to refuse to grant an application under this section, the applicant is entitled to be given an information notice by the chief executive about the decision.\ns 215 amd 2018 No. 1 s 124\n(sec.215-ssec.1) Subject to subsection (3) , if the chief executive fails to decide an application for the registration of a child for home education within 90 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\n(sec.215-ssec.2) Subsection (3) applies if the chief executive has, under section 211 (1) , required an applicant for the registration of a child for home education to give the chief executive further information or a document.\n(sec.215-ssec.3) The chief executive is taken to have decided to refuse to grant the application if the chief executive fails to decide the application within 90 days after the chief executive receives the further information or document.\n(sec.215-ssec.4) If the chief executive is taken to have decided to refuse to grant an application under this section, the applicant is entitled to be given an information notice by the chief executive about the decision.","sortOrder":308},{"sectionNumber":"sec.216","sectionType":"section","heading":"Minimum details to be recorded on certificate of registration","content":"### sec.216 Minimum details to be recorded on certificate of registration\n\nA certificate of registration of a child for home education must include at least the following—\nthe child’s name and date of birth;\nthe address of the child’s usual place of residence;\nthe names of the child’s parents;\nany conditions of registration imposed by the chief executive.\n- (a) the child’s name and date of birth;\n- (b) the address of the child’s usual place of residence;\n- (c) the names of the child’s parents;\n- (d) any conditions of registration imposed by the chief executive.","sortOrder":309},{"sectionNumber":"ch.9-pt.5-div.4","sectionType":"division","heading":"Conditions of registration","content":"## Conditions of registration","sortOrder":310},{"sectionNumber":"sec.217","sectionType":"section","heading":"Standard conditions","content":"### sec.217 Standard conditions\n\nThe registration of a child for home education is subject to the following conditions (the standard conditions of registration )—\nthe child’s parents must ensure the child receives a high-quality education;\na parent of the child must give to the chief executive a written report on the educational progress of the child while undertaking home education;\na parent of the child must notify the chief executive of any change in the address of the child’s usual place of residence within 28 days after the change happens.\nA report mentioned in subsection (1) (b) must—\nbe given to the chief executive at least 2 months, but not more than 3 months, before each anniversary of the registration; and\nbe in the approved form; and\nbe accompanied by any other documents, identified in the approved form, the chief executive reasonably requires.\n(sec.217-ssec.1) The registration of a child for home education is subject to the following conditions (the standard conditions of registration )— the child’s parents must ensure the child receives a high-quality education; a parent of the child must give to the chief executive a written report on the educational progress of the child while undertaking home education; a parent of the child must notify the chief executive of any change in the address of the child’s usual place of residence within 28 days after the change happens.\n(sec.217-ssec.2) A report mentioned in subsection (1) (b) must— be given to the chief executive at least 2 months, but not more than 3 months, before each anniversary of the registration; and be in the approved form; and be accompanied by any other documents, identified in the approved form, the chief executive reasonably requires.\n- (a) the child’s parents must ensure the child receives a high-quality education;\n- (b) a parent of the child must give to the chief executive a written report on the educational progress of the child while undertaking home education;\n- (c) a parent of the child must notify the chief executive of any change in the address of the child’s usual place of residence within 28 days after the change happens.\n- (a) be given to the chief executive at least 2 months, but not more than 3 months, before each anniversary of the registration; and\n- (b) be in the approved form; and\n- (c) be accompanied by any other documents, identified in the approved form, the chief executive reasonably requires.","sortOrder":311},{"sectionNumber":"sec.218","sectionType":"section","heading":"Imposition of conditions","content":"### sec.218 Imposition of conditions\n\nThe chief executive may, in granting an application for the registration of a child for home education, decide to impose conditions on the registration that are relevant and reasonable.\nIf the chief executive decides to impose conditions on the registration, the chief executive must as soon as practicable give the applicant an information notice about the decision.\n(sec.218-ssec.1) The chief executive may, in granting an application for the registration of a child for home education, decide to impose conditions on the registration that are relevant and reasonable.\n(sec.218-ssec.2) If the chief executive decides to impose conditions on the registration, the chief executive must as soon as practicable give the applicant an information notice about the decision.","sortOrder":312},{"sectionNumber":"sec.219","sectionType":"section","heading":"Changing conditions","content":"### sec.219 Changing conditions\n\nThe chief executive may change the conditions of the registration of a child for home education imposed by the chief executive if there is a reasonable basis to make the change.\nBefore deciding to change the conditions, the chief executive must—\ngive notice to a parent of the child stating—\nthe particulars of the proposed change; and\nthat the parent may make written submissions to the chief executive about the proposed change within a reasonable period of at least 21 days stated in the notice; and\nhave regard to written submissions made to the chief executive by the parent within the stated period.\nIf the chief executive decides to change the conditions, the chief executive must as soon as practicable give the parent an information notice about the decision.\nIf the chief executive decides to change the conditions, the change takes effect on the day an information notice about the decision is given to the parent and does not depend on a replacement certificate of registration being issued under section 220 .\nThe power of the chief executive under subsection (1) includes the power to add conditions to the registration of a child for home education that is not subject to conditions imposed by the chief executive.\n(sec.219-ssec.1) The chief executive may change the conditions of the registration of a child for home education imposed by the chief executive if there is a reasonable basis to make the change.\n(sec.219-ssec.2) Before deciding to change the conditions, the chief executive must— give notice to a parent of the child stating— the particulars of the proposed change; and that the parent may make written submissions to the chief executive about the proposed change within a reasonable period of at least 21 days stated in the notice; and have regard to written submissions made to the chief executive by the parent within the stated period.\n(sec.219-ssec.3) If the chief executive decides to change the conditions, the chief executive must as soon as practicable give the parent an information notice about the decision.\n(sec.219-ssec.4) If the chief executive decides to change the conditions, the change takes effect on the day an information notice about the decision is given to the parent and does not depend on a replacement certificate of registration being issued under section 220 .\n(sec.219-ssec.5) The power of the chief executive under subsection (1) includes the power to add conditions to the registration of a child for home education that is not subject to conditions imposed by the chief executive.\n- (a) give notice to a parent of the child stating— (i) the particulars of the proposed change; and (ii) that the parent may make written submissions to the chief executive about the proposed change within a reasonable period of at least 21 days stated in the notice; and\n- (i) the particulars of the proposed change; and\n- (ii) that the parent may make written submissions to the chief executive about the proposed change within a reasonable period of at least 21 days stated in the notice; and\n- (b) have regard to written submissions made to the chief executive by the parent within the stated period.\n- (i) the particulars of the proposed change; and\n- (ii) that the parent may make written submissions to the chief executive about the proposed change within a reasonable period of at least 21 days stated in the notice; and","sortOrder":313},{"sectionNumber":"sec.220","sectionType":"section","heading":"Replacing certificate of registration","content":"### sec.220 Replacing certificate of registration\n\nThis section applies if a child’s parent receives an information notice, under section 219 (3) , about a decision relating to a change of the conditions of the registration of the child for home education.\nThe parent must return the certificate of registration to the chief executive within 14 days after receiving the notice.\nOn receiving the certificate, the chief executive must issue another certificate of registration to the parent to replace the certificate returned to the chief executive.\n(sec.220-ssec.1) This section applies if a child’s parent receives an information notice, under section 219 (3) , about a decision relating to a change of the conditions of the registration of the child for home education.\n(sec.220-ssec.2) The parent must return the certificate of registration to the chief executive within 14 days after receiving the notice.\n(sec.220-ssec.3) On receiving the certificate, the chief executive must issue another certificate of registration to the parent to replace the certificate returned to the chief executive.","sortOrder":314},{"sectionNumber":"ch.9-pt.5-div.5","sectionType":"division","heading":"Cancellation of registration","content":"## Cancellation of registration","sortOrder":315},{"sectionNumber":"sec.221","sectionType":"section","heading":"Grounds for cancellation","content":"### sec.221 Grounds for cancellation\n\nEach of the following is a ground for cancelling the registration of a child for home education—\na parent of the child has contravened a condition of the registration;\nthe chief executive is not reasonably satisfied about the educational progress being made by the child;\nthe child was registered because of a materially false or misleading representation or declaration.\n- (a) a parent of the child has contravened a condition of the registration;\n- (b) the chief executive is not reasonably satisfied about the educational progress being made by the child;\n- (c) the child was registered because of a materially false or misleading representation or declaration.","sortOrder":316},{"sectionNumber":"sec.222","sectionType":"section","heading":"Show cause notice","content":"### sec.222 Show cause notice\n\nIf the chief executive reasonably believes a ground exists to cancel the registration of a child for home education, the chief executive must give a parent of the child a notice under this section (a show cause notice ).\nThe show cause notice must state the following—\nthe action (the proposed action ) the chief executive proposes taking under this division;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nan invitation to the parent to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 30 days after the show cause notice is given to the parent.\n(sec.222-ssec.1) If the chief executive reasonably believes a ground exists to cancel the registration of a child for home education, the chief executive must give a parent of the child a notice under this section (a show cause notice ).\n(sec.222-ssec.2) The show cause notice must state the following— the action (the proposed action ) the chief executive proposes taking under this division; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; an invitation to the parent to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.222-ssec.3) The show cause period must be a period ending at least 30 days after the show cause notice is given to the parent.\n- (a) the action (the proposed action ) the chief executive proposes taking under this division;\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) an invitation to the parent to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":317},{"sectionNumber":"sec.223","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.223 Representations about show cause notice\n\nThe parent may make written representations about the show cause notice to the chief executive in the show cause period.\nThe chief executive must consider all written representations (the accepted representations ) made under subsection (1) .\n(sec.223-ssec.1) The parent may make written representations about the show cause notice to the chief executive in the show cause period.\n(sec.223-ssec.2) The chief executive must consider all written representations (the accepted representations ) made under subsection (1) .","sortOrder":318},{"sectionNumber":"sec.224","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.224 Ending show cause process without further action\n\nIf, after considering any accepted representations for the show cause notice, the chief executive does not believe the ground exists to cancel the registration, the chief executive—\nmust not take further action about the show cause notice; and\nmust, as soon as practicable, notify the parent that no further action will be taken about the show cause notice.\n- (a) must not take further action about the show cause notice; and\n- (b) must, as soon as practicable, notify the parent that no further action will be taken about the show cause notice.","sortOrder":319},{"sectionNumber":"sec.225","sectionType":"section","heading":"Cancellation","content":"### sec.225 Cancellation\n\nThis section applies if, after considering any accepted representations for the show cause notice, the chief executive—\nstill believes the ground exists to cancel the registration; and\nbelieves cancellation of the registration is warranted.\nThis section also applies if there are no accepted representations for the show cause notice.\nThe chief executive may decide to cancel the registration.\nThe chief executive must as soon as practicable give an information notice about the decision to the parent.\nThe decision to cancel the registration (the original decision ) takes effect on the day that is—\nthe last day to apply under chapter 15 , part 1 for a review of the original decision; or\nif the applicant applies under chapter 15 , part 1 for a review of the original decision and the chief executive confirms the original decision on the review—the last day to apply under chapter 15 , part 2 for a review of the review decision; or\nif the applicant applies under chapter 15 , part 2 for a review of the review decision about the original decision—the day the review decision is confirmed on the review or the application for review is withdrawn.\ns 225 amd 2018 No. 1 s 125\n(sec.225-ssec.1) This section applies if, after considering any accepted representations for the show cause notice, the chief executive— still believes the ground exists to cancel the registration; and believes cancellation of the registration is warranted.\n(sec.225-ssec.2) This section also applies if there are no accepted representations for the show cause notice.\n(sec.225-ssec.3) The chief executive may decide to cancel the registration.\n(sec.225-ssec.4) The chief executive must as soon as practicable give an information notice about the decision to the parent.\n(sec.225-ssec.5) The decision to cancel the registration (the original decision ) takes effect on the day that is— the last day to apply under chapter 15 , part 1 for a review of the original decision; or if the applicant applies under chapter 15 , part 1 for a review of the original decision and the chief executive confirms the original decision on the review—the last day to apply under chapter 15 , part 2 for a review of the review decision; or if the applicant applies under chapter 15 , part 2 for a review of the review decision about the original decision—the day the review decision is confirmed on the review or the application for review is withdrawn.\n- (a) still believes the ground exists to cancel the registration; and\n- (b) believes cancellation of the registration is warranted.\n- (a) the last day to apply under chapter 15 , part 1 for a review of the original decision; or\n- (b) if the applicant applies under chapter 15 , part 1 for a review of the original decision and the chief executive confirms the original decision on the review—the last day to apply under chapter 15 , part 2 for a review of the review decision; or\n- (c) if the applicant applies under chapter 15 , part 2 for a review of the review decision about the original decision—the day the review decision is confirmed on the review or the application for review is withdrawn.","sortOrder":320},{"sectionNumber":"sec.226","sectionType":"section","heading":"Return of cancelled certificate of registration to chief executive","content":"### sec.226 Return of cancelled certificate of registration to chief executive\n\nThis section applies if—\nthe chief executive decides to cancel the registration of a child for home education under section 225 ; and\nthe decision takes effect under section 225 (5) .\nThe parent must return the certificate of registration to the chief executive within 28 days after the decision takes effect.\ns 226 amd 2009 No. 24 s 134 ; 2018 No. 1 s 126\n(sec.226-ssec.1) This section applies if— the chief executive decides to cancel the registration of a child for home education under section 225 ; and the decision takes effect under section 225 (5) .\n(sec.226-ssec.2) The parent must return the certificate of registration to the chief executive within 28 days after the decision takes effect.\n- (a) the chief executive decides to cancel the registration of a child for home education under section 225 ; and\n- (b) the decision takes effect under section 225 (5) .","sortOrder":321},{"sectionNumber":"ch.9-pt.5-div.6","sectionType":"division","heading":"Surrender of provisional registration or registration","content":"## Surrender of provisional registration or registration","sortOrder":322},{"sectionNumber":"sec.227","sectionType":"section","heading":"Surrender","content":"### sec.227 Surrender\n\nA parent of a child who is provisionally registered, or registered, for home education may, by notice given to the chief executive, surrender the provisional registration or registration.\nThe surrender takes effect—\non the day the notice is given to the chief executive; or\nif a later day of effect is stated in the notice—on the later day.\nIf the child is registered for home education, the parent must return the certificate of registration to the chief executive within 14 days after the day the surrender takes effect.\n(sec.227-ssec.1) A parent of a child who is provisionally registered, or registered, for home education may, by notice given to the chief executive, surrender the provisional registration or registration.\n(sec.227-ssec.2) The surrender takes effect— on the day the notice is given to the chief executive; or if a later day of effect is stated in the notice—on the later day.\n(sec.227-ssec.3) If the child is registered for home education, the parent must return the certificate of registration to the chief executive within 14 days after the day the surrender takes effect.\n- (a) on the day the notice is given to the chief executive; or\n- (b) if a later day of effect is stated in the notice—on the later day.","sortOrder":323},{"sectionNumber":"sec.228","sectionType":"section","heading":"Obligation to surrender","content":"### sec.228 Obligation to surrender\n\nThis section applies if a child who is provisionally registered, or registered, for home education stops receiving home education.\nA parent of the child must—\nas soon as practicable after the child stops receiving home education, surrender the provisional registration or registration under section 227 ; and\nif, at the time of the surrender, the child is enrolled by the parent, or an application has been made by the parent for the enrolment of the child, at a State school or non-State school—when giving notice of the surrender, notify the chief executive of the enrolment or application, and the school’s name.\n(sec.228-ssec.1) This section applies if a child who is provisionally registered, or registered, for home education stops receiving home education.\n(sec.228-ssec.2) A parent of the child must— as soon as practicable after the child stops receiving home education, surrender the provisional registration or registration under section 227 ; and if, at the time of the surrender, the child is enrolled by the parent, or an application has been made by the parent for the enrolment of the child, at a State school or non-State school—when giving notice of the surrender, notify the chief executive of the enrolment or application, and the school’s name.\n- (a) as soon as practicable after the child stops receiving home education, surrender the provisional registration or registration under section 227 ; and\n- (b) if, at the time of the surrender, the child is enrolled by the parent, or an application has been made by the parent for the enrolment of the child, at a State school or non-State school—when giving notice of the surrender, notify the chief executive of the enrolment or application, and the school’s name.","sortOrder":324},{"sectionNumber":"ch.9-pt.5-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":325},{"sectionNumber":"sec.229","sectionType":"section","heading":"Simultaneous enrolment at State school or non-State school prohibited","content":"### sec.229 Simultaneous enrolment at State school or non-State school prohibited\n\nA child who is provisionally registered, or registered, for home education may not be simultaneously enrolled at a State school or non-State school.\nA child is not eligible for provisional registration, or registration, for home education while the child is enrolled at a State school or non-State school.\n(sec.229-ssec.1) A child who is provisionally registered, or registered, for home education may not be simultaneously enrolled at a State school or non-State school.\n(sec.229-ssec.2) A child is not eligible for provisional registration, or registration, for home education while the child is enrolled at a State school or non-State school.","sortOrder":326},{"sectionNumber":"sec.229A","sectionType":"section","heading":"When provisional registration or registration ends in relation to child’s age","content":"### sec.229A When provisional registration or registration ends in relation to child’s age\n\nThe provisional registration, or registration, for home education of a child ends on 31 December in the year the child turns 18 years.\nSubsection (1) does not limit the chief executive’s power, under division 5 , to cancel the registration of a child for home education.\ns 229A ins 2018 No. 1 s 127\namd 2025 No. 24 s 10\n(sec.229A-ssec.1) The provisional registration, or registration, for home education of a child ends on 31 December in the year the child turns 18 years.\n(sec.229A-ssec.2) Subsection (1) does not limit the chief executive’s power, under division 5 , to cancel the registration of a child for home education.","sortOrder":327},{"sectionNumber":"ch.9-pt.6","sectionType":"part","heading":"Employment of children","content":"# Employment of children","sortOrder":328},{"sectionNumber":"sec.230","sectionType":"section","heading":"Employment of child who is of compulsory school age","content":"### sec.230 Employment of child who is of compulsory school age\n\nA parent of a child who is of compulsory school age must not employ the child, or allow the child to be employed, during the time the child is required under this chapter to attend a State school or non-State school, unless the parent has a reasonable excuse.\nMaximum penalty—6 penalty units.\nFor subsection (1) , a parent of a child who causes or allows the child to engage in any calling carried on by the parent by way of trade or for gain is taken to employ the child.\nSubsection (1) does not apply—\nto the employment of the child—\nunder arrangements approved for the child under chapter 9 , part 2 ; or\nunder an apprenticeship or traineeship under the Further Education and Training Act 2014 ; or\nwhile an exemption is in force for the child under chapter 9 , part 3 .\nAlso, subsection (1) applies subject to a law of the Commonwealth under which a person who is of compulsory school age may be employed.\nA parent of a child who is of compulsory school age must not give to any of the following persons information, which the parent knows to be false, about the age of the child or any other matter to which subsection (1) or (2) relates—\nany person employing the child;\nany person who, after the giving of the information, employs the child;\nany person appointed under this Act.\nMaximum penalty—6 penalty units.\nSee the Child Employment Act 2006 , part 2 for other provisions restricting the ability of a child who is of compulsory school age to work.\ns 230 amd 2014 No. 25 s 223 sch 1 pt 2\n(sec.230-ssec.1) A parent of a child who is of compulsory school age must not employ the child, or allow the child to be employed, during the time the child is required under this chapter to attend a State school or non-State school, unless the parent has a reasonable excuse. Maximum penalty—6 penalty units.\n(sec.230-ssec.2) For subsection (1) , a parent of a child who causes or allows the child to engage in any calling carried on by the parent by way of trade or for gain is taken to employ the child.\n(sec.230-ssec.3) Subsection (1) does not apply— to the employment of the child— under arrangements approved for the child under chapter 9 , part 2 ; or under an apprenticeship or traineeship under the Further Education and Training Act 2014 ; or while an exemption is in force for the child under chapter 9 , part 3 .\n(sec.230-ssec.4) Also, subsection (1) applies subject to a law of the Commonwealth under which a person who is of compulsory school age may be employed.\n(sec.230-ssec.5) A parent of a child who is of compulsory school age must not give to any of the following persons information, which the parent knows to be false, about the age of the child or any other matter to which subsection (1) or (2) relates— any person employing the child; any person who, after the giving of the information, employs the child; any person appointed under this Act. Maximum penalty—6 penalty units. See the Child Employment Act 2006 , part 2 for other provisions restricting the ability of a child who is of compulsory school age to work.\n- (a) to the employment of the child— (i) under arrangements approved for the child under chapter 9 , part 2 ; or (ii) under an apprenticeship or traineeship under the Further Education and Training Act 2014 ; or\n- (i) under arrangements approved for the child under chapter 9 , part 2 ; or\n- (ii) under an apprenticeship or traineeship under the Further Education and Training Act 2014 ; or\n- (b) while an exemption is in force for the child under chapter 9 , part 3 .\n- (i) under arrangements approved for the child under chapter 9 , part 2 ; or\n- (ii) under an apprenticeship or traineeship under the Further Education and Training Act 2014 ; or\n- (a) any person employing the child;\n- (b) any person who, after the giving of the information, employs the child;\n- (c) any person appointed under this Act.","sortOrder":329},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Key terms","content":"# Key terms","sortOrder":330},{"sectionNumber":"sec.231","sectionType":"section","heading":"Compulsory participation phase","content":"### sec.231 Compulsory participation phase\n\nA young person’s compulsory participation phase —\nstarts when the person stops being of compulsory school age; and\nends when the person—\ngains a certificate of achievement, senior statement, certificate III or certificate IV; or\nhas participated in eligible options for 2 years after the person stopped being of compulsory school age; or\nturns 17 years.\ns 231 amd 2006 No. 55 s 10\n- (a) starts when the person stops being of compulsory school age; and\n- (b) ends when the person— (i) gains a certificate of achievement, senior statement, certificate III or certificate IV; or (ii) has participated in eligible options for 2 years after the person stopped being of compulsory school age; or (iii) turns 17 years.\n- (i) gains a certificate of achievement, senior statement, certificate III or certificate IV; or\n- (ii) has participated in eligible options for 2 years after the person stopped being of compulsory school age; or\n- (iii) turns 17 years.\n- (i) gains a certificate of achievement, senior statement, certificate III or certificate IV; or\n- (ii) has participated in eligible options for 2 years after the person stopped being of compulsory school age; or\n- (iii) turns 17 years.","sortOrder":331},{"sectionNumber":"sec.232","sectionType":"section","heading":"Eligible options and providers","content":"### sec.232 Eligible options and providers\n\nIn the following table, each of the options listed is an eligible option and the entity stated opposite is the provider for the option.\neligible option\nprovider\nan educational program provided under this Act\na State school\nan educational program provided under the Education (Accreditation of Non-State Schools) Act 2017\na non-State school\na course of study under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth)\na registered higher education provider\na VET course under the National Vocational Education and Training Regulator Act 2011 (Cwlth)\na registered training organisation\nan apprenticeship or traineeship under the Further Education and Training Act 2014\na registered training organisation\na departmental employment skills development program under the Further Education and Training Act 2014\nthe chief executive administering the Further Education and Training Act 2014\nIn this section—\nregistered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5 .\ns 232 amd 2007 No. 53 s 30 sch ; 2008 No. 25 s 164 sch 1 ; 2012 No. 11 s 43 sch pt 2 ; 2013 No. 27 s 70 s ch 1 pt 2 ; 2014 No. 25 s 223 s ch 1 pt 2 ; 2017 No. 24 s 218\n(sec.232-ssec.1) In the following table, each of the options listed is an eligible option and the entity stated opposite is the provider for the option. eligible option provider an educational program provided under this Act a State school an educational program provided under the Education (Accreditation of Non-State Schools) Act 2017 a non-State school a course of study under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) a registered higher education provider a VET course under the National Vocational Education and Training Regulator Act 2011 (Cwlth) a registered training organisation an apprenticeship or traineeship under the Further Education and Training Act 2014 a registered training organisation a departmental employment skills development program under the Further Education and Training Act 2014 the chief executive administering the Further Education and Training Act 2014\n(sec.232-ssec.2) In this section— registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5 .","sortOrder":332},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Participation in a program or course","content":"# Participation in a program or course","sortOrder":333},{"sectionNumber":"sec.233","sectionType":"section","heading":"Application of pt 2","content":"### sec.233 Application of pt 2\n\nThis part applies to an eligible option other than an apprenticeship or traineeship under the Further Education and Training Act 2014 .\ns 233 amd 2014 No. 25 s 223 sch 1 pt 2","sortOrder":334},{"sectionNumber":"sec.234","sectionType":"section","heading":"What is participation","content":"### sec.234 What is participation\n\nA young person is participating in an eligible option only if the person is—\nenrolled with the provider in the relevant program or course; and\ncomplying with the provider’s attendance requirements for the program or course.\nThe provider’s attendance requirements for a program or course are the requirements about physically attending, at particular times, the provider’s premises or another place.\nHowever, despite subsection (2) —\nthe provider’s attendance requirements for a program of distance education are to complete and return the assigned work for the program; and\nthe provider’s attendance requirements for an external program are its requirements about communicating with or contacting the provider for the purpose of participating in the program or course.\n(sec.234-ssec.1) A young person is participating in an eligible option only if the person is— enrolled with the provider in the relevant program or course; and complying with the provider’s attendance requirements for the program or course.\n(sec.234-ssec.2) The provider’s attendance requirements for a program or course are the requirements about physically attending, at particular times, the provider’s premises or another place.\n(sec.234-ssec.3) However, despite subsection (2) — the provider’s attendance requirements for a program of distance education are to complete and return the assigned work for the program; and the provider’s attendance requirements for an external program are its requirements about communicating with or contacting the provider for the purpose of participating in the program or course.\n- (a) enrolled with the provider in the relevant program or course; and\n- (b) complying with the provider’s attendance requirements for the program or course.\n- (a) the provider’s attendance requirements for a program of distance education are to complete and return the assigned work for the program; and\n- (b) the provider’s attendance requirements for an external program are its requirements about communicating with or contacting the provider for the purpose of participating in the program or course.","sortOrder":335},{"sectionNumber":"sec.235","sectionType":"section","heading":"Full-time participation","content":"### sec.235 Full-time participation\n\nA reference to full-time participation in an eligible option—\nis a reference to participation in an eligible option at a level that is full-time under the requirements of the option; and\nincludes part-time participation in 2 or more eligible options to an extent that is at least equivalent to full-time participation in 1 option.\nA young person is participating part-time in an educational program at a State school or non-State school (the school program ) and part-time in a course of vocational education and training at TAFE Queensland (the VET course ).\nThe levels of the young person’s participation are—\n60% of full-time participation in the school program\n40% of full-time participation in the VET course.\ns 235 amd 2007 No. 53 s 30 sch ; 2013 No. 27 s 70 sch 1 pt 2\n- (a) is a reference to participation in an eligible option at a level that is full-time under the requirements of the option; and\n- (b) includes part-time participation in 2 or more eligible options to an extent that is at least equivalent to full-time participation in 1 option. Example for paragraph (b) — A young person is participating part-time in an educational program at a State school or non-State school (the school program ) and part-time in a course of vocational education and training at TAFE Queensland (the VET course ). The levels of the young person’s participation are— • 60% of full-time participation in the school program • 40% of full-time participation in the VET course.\n- • 60% of full-time participation in the school program\n- • 40% of full-time participation in the VET course.\n- • 60% of full-time participation in the school program\n- • 40% of full-time participation in the VET course.","sortOrder":336},{"sectionNumber":"sec.236","sectionType":"section","heading":"Allowed absence","content":"### sec.236 Allowed absence\n\nA young person’s participation in an eligible option is taken to continue during an absence allowed under the requirements of the option.\nA person enrolled in an educational program at a State school is absent for a day because of illness.","sortOrder":337},{"sectionNumber":"sec.237","sectionType":"section","heading":"Suspension or exclusion","content":"### sec.237 Suspension or exclusion\n\nIf a young person participating in an eligible option stops attending the provider because the person has been suspended from the provider, the person’s participation in the option is taken to continue during the period of the suspension.\nSubsection (1) does not apply to suspension from a State school under chapter 12 , part 3 , division 2 , 3 or 4 if the person has been placed in an educational program under section 284 , 294 or 301 .\nSection 234 (1) and (3) (b) provide for how the person participates in the educational program.\nIf a young person participating in an eligible option stops attending the provider because the person has been excluded from the provider, the person is taken for this chapter to be continuing to participate in an eligible option, at the same level as before the exclusion, for the time reasonably required for the person to resume participation in an eligible option.\ns 237 amd 2009 No. 24 s 135 ; 2010 No. 50 s 10 ; 2013 No. 59 s 8\n(sec.237-ssec.1) If a young person participating in an eligible option stops attending the provider because the person has been suspended from the provider, the person’s participation in the option is taken to continue during the period of the suspension.\n(sec.237-ssec.2) Subsection (1) does not apply to suspension from a State school under chapter 12 , part 3 , division 2 , 3 or 4 if the person has been placed in an educational program under section 284 , 294 or 301 . Section 234 (1) and (3) (b) provide for how the person participates in the educational program.\n(sec.237-ssec.3) If a young person participating in an eligible option stops attending the provider because the person has been excluded from the provider, the person is taken for this chapter to be continuing to participate in an eligible option, at the same level as before the exclusion, for the time reasonably required for the person to resume participation in an eligible option.","sortOrder":338},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Participation in an apprenticeship or traineeship","content":"# Participation in an apprenticeship or traineeship","sortOrder":339},{"sectionNumber":"sec.238","sectionType":"section","heading":"Participation in an apprenticeship or traineeship","content":"### sec.238 Participation in an apprenticeship or traineeship\n\nThis section applies to a young person who is an apprentice or trainee under the Further Education and Training Act 2014 .\nThe person is taken to be participating full-time in an apprenticeship or traineeship under the Further Education and Training Act 2014 .\ns 238 amd 2014 No. 25 s 223 sch 1 pt 2\n(sec.238-ssec.1) This section applies to a young person who is an apprentice or trainee under the Further Education and Training Act 2014 .\n(sec.238-ssec.2) The person is taken to be participating full-time in an apprenticeship or traineeship under the Further Education and Training Act 2014 .","sortOrder":340},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Parents’ obligation","content":"# Parents’ obligation","sortOrder":341},{"sectionNumber":"sec.239","sectionType":"section","heading":"Obligation to ensure participation","content":"### sec.239 Obligation to ensure participation\n\nEach parent of a young person in the compulsory participation phase must ensure the young person is participating full-time in an eligible option, unless the parent has a reasonable excuse.\nMaximum penalty—\nfor a first offence—6 penalty units; or\nfor a second or subsequent offence, whether or not relating to the same child of the parent—12 penalty units.\nWithout limiting subsection (1) , it is a reasonable excuse for a parent (the relevant parent ) that—\nthe young person lives with another parent and the relevant parent believes, on reasonable grounds, the other parent is ensuring the young person participates full-time in an eligible option; or\nin all the circumstances, the relevant parent is not reasonably able to control the young person’s behaviour to the extent necessary to ensure the young person participates full-time in an eligible option.\ns 239 amd 2006 No. 55 s 11 ; 2014 No. 3 s 114 sch 1 pt 2\n(sec.239-ssec.1) Each parent of a young person in the compulsory participation phase must ensure the young person is participating full-time in an eligible option, unless the parent has a reasonable excuse. Maximum penalty— for a first offence—6 penalty units; or for a second or subsequent offence, whether or not relating to the same child of the parent—12 penalty units.\n(sec.239-ssec.2) Without limiting subsection (1) , it is a reasonable excuse for a parent (the relevant parent ) that— the young person lives with another parent and the relevant parent believes, on reasonable grounds, the other parent is ensuring the young person participates full-time in an eligible option; or in all the circumstances, the relevant parent is not reasonably able to control the young person’s behaviour to the extent necessary to ensure the young person participates full-time in an eligible option.\n- (a) for a first offence—6 penalty units; or\n- (b) for a second or subsequent offence, whether or not relating to the same child of the parent—12 penalty units.\n- (a) the young person lives with another parent and the relevant parent believes, on reasonable grounds, the other parent is ensuring the young person participates full-time in an eligible option; or\n- (b) in all the circumstances, the relevant parent is not reasonably able to control the young person’s behaviour to the extent necessary to ensure the young person participates full-time in an eligible option.","sortOrder":342},{"sectionNumber":"sec.240","sectionType":"section","heading":"Exceptions to obligation","content":"### sec.240 Exceptions to obligation\n\nSection 239 (1) does not apply to the extent provided under an exemption in force under part 5 .\nSection 239 (1) does not apply if the young person is in paid employment for at least 25 hours each week.\nSection 239 (1) does not apply if the young person is enrolled with an entity providing a non-departmental employment skills development program and attending the entity for the program.\nSection 239 (1) does not apply to the extent of any inconsistency with a law of the Commonwealth under which a young person in the compulsory participation phase may carry on an activity other than participating full-time in an eligible option.\nSection 239 (1) does not apply if the young person is provisionally registered, or registered, for home education under chapter 9 , part 5 .\ns 240 amd 2013 No. 49 s 28 sch 1 ; 2014 No. 25 s 223 sch 1 pt 2\n(sec.240-ssec.1) Section 239 (1) does not apply to the extent provided under an exemption in force under part 5 .\n(sec.240-ssec.2) Section 239 (1) does not apply if the young person is in paid employment for at least 25 hours each week.\n(sec.240-ssec.3) Section 239 (1) does not apply if the young person is enrolled with an entity providing a non-departmental employment skills development program and attending the entity for the program.\n(sec.240-ssec.4) Section 239 (1) does not apply to the extent of any inconsistency with a law of the Commonwealth under which a young person in the compulsory participation phase may carry on an activity other than participating full-time in an eligible option.\n(sec.240-ssec.5) Section 239 (1) does not apply if the young person is provisionally registered, or registered, for home education under chapter 9 , part 5 .","sortOrder":343},{"sectionNumber":"sec.241","sectionType":"section","heading":"Notice to, and meeting with, parent","content":"### sec.241 Notice to, and meeting with, parent\n\nThis section applies if an authorised officer reasonably suspects a young person is in the compulsory participation phase and is not participating full-time in an eligible option.\nThe officer may give a parent of the young person a notice in the approved form about the parent’s obligation under section 239 (1) .\nThe officer may also meet with the parent to discuss the obligation.\nIf, despite the officer taking reasonable steps to meet with the parent under subsection (3) , no meeting is held, the officer may give the parent a warning notice in the approved form.\nFor the Police Powers and Responsibilities Act 2000 , section 16 , an authorised officer acting under this section is a public official performing a function authorised by this Act.\nIn this section—\nauthorised officer means the chief executive or an officer of the department authorised by the chief executive for this section.\n(sec.241-ssec.1) This section applies if an authorised officer reasonably suspects a young person is in the compulsory participation phase and is not participating full-time in an eligible option.\n(sec.241-ssec.2) The officer may give a parent of the young person a notice in the approved form about the parent’s obligation under section 239 (1) .\n(sec.241-ssec.3) The officer may also meet with the parent to discuss the obligation.\n(sec.241-ssec.4) If, despite the officer taking reasonable steps to meet with the parent under subsection (3) , no meeting is held, the officer may give the parent a warning notice in the approved form.\n(sec.241-ssec.5) For the Police Powers and Responsibilities Act 2000 , section 16 , an authorised officer acting under this section is a public official performing a function authorised by this Act.\n(sec.241-ssec.6) In this section— authorised officer means the chief executive or an officer of the department authorised by the chief executive for this section.","sortOrder":344},{"sectionNumber":"sec.242","sectionType":"section","heading":"Limits on proceedings against a parent","content":"### sec.242 Limits on proceedings against a parent\n\nProceedings for an offence against section 239 (1) may be brought against a parent—\nby the chief executive or with the chief executive’s consent; and\nonly if the time when the parent is alleged to have committed the offence is after—\nthe parent has been given a notice under section 241 (2) ; and\nat least 1 meeting has been held with the parent under section 241 (3) or the parent has been given a warning notice under section 241 (4) .\nUnder section 432 , the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.\nThe chief executive (child safety) is not liable to be prosecuted for an offence against section 239 (1) .\ns 242 amd 2014 No. 62 s 41\n(sec.242-ssec.1) Proceedings for an offence against section 239 (1) may be brought against a parent— by the chief executive or with the chief executive’s consent; and only if the time when the parent is alleged to have committed the offence is after— the parent has been given a notice under section 241 (2) ; and at least 1 meeting has been held with the parent under section 241 (3) or the parent has been given a warning notice under section 241 (4) . Under section 432 , the chief executive may delegate the chief executive’s functions under this section to an appropriately qualified officer of the department.\n(sec.242-ssec.2) The chief executive (child safety) is not liable to be prosecuted for an offence against section 239 (1) .\n- (a) by the chief executive or with the chief executive’s consent; and\n- (b) only if the time when the parent is alleged to have committed the offence is after— (i) the parent has been given a notice under section 241 (2) ; and (ii) at least 1 meeting has been held with the parent under section 241 (3) or the parent has been given a warning notice under section 241 (4) .\n- (i) the parent has been given a notice under section 241 (2) ; and\n- (ii) at least 1 meeting has been held with the parent under section 241 (3) or the parent has been given a warning notice under section 241 (4) .\n- (i) the parent has been given a notice under section 241 (2) ; and\n- (ii) at least 1 meeting has been held with the parent under section 241 (3) or the parent has been given a warning notice under section 241 (4) .","sortOrder":345},{"sectionNumber":"ch.10-pt.5","sectionType":"part","heading":"Exemptions from compliance with compulsory participation requirements","content":"# Exemptions from compliance with compulsory participation requirements","sortOrder":346},{"sectionNumber":"ch.10-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":347},{"sectionNumber":"sec.243","sectionType":"section","heading":"Definition for pt 5","content":"### sec.243 Definition for pt 5\n\nIn this part—\nrelevant decision-maker see section 245 (1) .\ns 243 sub 2014 No. 62 s 92","sortOrder":348},{"sectionNumber":"ch.10-pt.5-div.2","sectionType":"division","heading":"Power to grant exemption","content":"## Power to grant exemption","sortOrder":349},{"sectionNumber":"sec.244","sectionType":"section","heading":"Chief executive may grant exemption","content":"### sec.244 Chief executive may grant exemption\n\nThe chief executive may grant an exemption fully excusing a young person from participation if the chief executive is reasonably satisfied—\nthe young person can not participate in any eligible option; or\nit would be unreasonable in all the circumstances to require the young person to participate in any eligible option.\nThe chief executive may grant an exemption partially excusing a young person from participation if the chief executive is satisfied—\nthe young person can not participate in any eligible option at a full-time level; or\nit would be unreasonable in all the circumstances to require the young person to participate in any eligible option at a full-time level.\nDespite subsection (1) or (2) , the chief executive may not grant an exemption for a young person under this section if—\nthe young person is participating in an eligible option for which a non-State school is the provider; and\nthe period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under this section or section 244A for the young person to be more than 110 school days in a year.\ns 244 amd 2014 No. 62 s 94\n(sec.244-ssec.1) The chief executive may grant an exemption fully excusing a young person from participation if the chief executive is reasonably satisfied— the young person can not participate in any eligible option; or it would be unreasonable in all the circumstances to require the young person to participate in any eligible option.\n(sec.244-ssec.2) The chief executive may grant an exemption partially excusing a young person from participation if the chief executive is satisfied— the young person can not participate in any eligible option at a full-time level; or it would be unreasonable in all the circumstances to require the young person to participate in any eligible option at a full-time level.\n(sec.244-ssec.3) Despite subsection (1) or (2) , the chief executive may not grant an exemption for a young person under this section if— the young person is participating in an eligible option for which a non-State school is the provider; and the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under this section or section 244A for the young person to be more than 110 school days in a year.\n- (a) the young person can not participate in any eligible option; or\n- (b) it would be unreasonable in all the circumstances to require the young person to participate in any eligible option.\n- (a) the young person can not participate in any eligible option at a full-time level; or\n- (b) it would be unreasonable in all the circumstances to require the young person to participate in any eligible option at a full-time level.\n- (a) the young person is participating in an eligible option for which a non-State school is the provider; and\n- (b) the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under this section or section 244A for the young person to be more than 110 school days in a year.","sortOrder":350},{"sectionNumber":"sec.244A","sectionType":"section","heading":"Non-State school’s principal may grant exemption","content":"### sec.244A Non-State school’s principal may grant exemption\n\nA non-State school’s principal may grant an exemption fully excusing a young person from the requirement that the young person participate in an eligible option if—\nthe non-State school is the provider for the eligible option; and\nthe principal is reasonably satisfied—\nthe young person can not participate in the eligible option; or\nit would be unreasonable in all the circumstances to require the young person to participate in the eligible option; and\nthe period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 244 or this section for the young person to be more than 110 school days in a year.\nA non-State school’s principal may grant an exemption partially excusing a young person from the requirement that the young person participate in an eligible option if—\nthe non-State school is the provider for the eligible option; and\nthe principal is reasonably satisfied—\nthe young person can not participate in the eligible option at a full-time level; or\nit would be unreasonable in all the circumstances to require the young person to participate in the eligible option at a full-time level; and\nthe period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 244 or this section for the young person to be more than 110 school days in a year.\ns 244A ins 2014 No. 62 s 95\n(sec.244A-ssec.1) A non-State school’s principal may grant an exemption fully excusing a young person from the requirement that the young person participate in an eligible option if— the non-State school is the provider for the eligible option; and the principal is reasonably satisfied— the young person can not participate in the eligible option; or it would be unreasonable in all the circumstances to require the young person to participate in the eligible option; and the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 244 or this section for the young person to be more than 110 school days in a year.\n(sec.244A-ssec.2) A non-State school’s principal may grant an exemption partially excusing a young person from the requirement that the young person participate in an eligible option if— the non-State school is the provider for the eligible option; and the principal is reasonably satisfied— the young person can not participate in the eligible option at a full-time level; or it would be unreasonable in all the circumstances to require the young person to participate in the eligible option at a full-time level; and the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 244 or this section for the young person to be more than 110 school days in a year.\n- (a) the non-State school is the provider for the eligible option; and\n- (b) the principal is reasonably satisfied— (i) the young person can not participate in the eligible option; or (ii) it would be unreasonable in all the circumstances to require the young person to participate in the eligible option; and\n- (i) the young person can not participate in the eligible option; or\n- (ii) it would be unreasonable in all the circumstances to require the young person to participate in the eligible option; and\n- (c) the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 244 or this section for the young person to be more than 110 school days in a year.\n- (i) the young person can not participate in the eligible option; or\n- (ii) it would be unreasonable in all the circumstances to require the young person to participate in the eligible option; and\n- (a) the non-State school is the provider for the eligible option; and\n- (b) the principal is reasonably satisfied— (i) the young person can not participate in the eligible option at a full-time level; or (ii) it would be unreasonable in all the circumstances to require the young person to participate in the eligible option at a full-time level; and\n- (i) the young person can not participate in the eligible option at a full-time level; or\n- (ii) it would be unreasonable in all the circumstances to require the young person to participate in the eligible option at a full-time level; and\n- (c) the period of the exemption would not, if it were granted, cause the total of the periods of exemptions granted under section 244 or this section for the young person to be more than 110 school days in a year.\n- (i) the young person can not participate in the eligible option at a full-time level; or\n- (ii) it would be unreasonable in all the circumstances to require the young person to participate in the eligible option at a full-time level; and","sortOrder":351},{"sectionNumber":"ch.10-pt.5-div.3","sectionType":"division","heading":"Application process","content":"## Application process","sortOrder":352},{"sectionNumber":"sec.245","sectionType":"section","heading":"Application for exemption","content":"### sec.245 Application for exemption\n\nA young person, or a parent of a young person, may apply to the following person (the relevant decision-maker ) for an exemption from the requirement that the young person participate in an eligible option—\nfor an application for an exemption under section 244 —the chief executive;\nfor an application for an exemption under section 244A —the principal of the non-State school that is the provider for the eligible option.\nThe application must—\nstate the period for which the exemption is sought; and\nfor an application by a young person—include the signed consent of a parent of the young person.\nHowever, subsection (2) (b) does not apply if the relevant decision-maker is satisfied it would be inappropriate in all the circumstances to require the signed consent of a parent.\nan application by a young person living independently of the young person’s parents\nThe applicant must provide any other relevant information reasonably required by the relevant decision-maker to decide the application.\nIf an exemption is sought because the young person is ill, the information required under this subsection may include stated medical evidence.\ns 245 sub 2014 No. 62 s 97\n(sec.245-ssec.1) A young person, or a parent of a young person, may apply to the following person (the relevant decision-maker ) for an exemption from the requirement that the young person participate in an eligible option— for an application for an exemption under section 244 —the chief executive; for an application for an exemption under section 244A —the principal of the non-State school that is the provider for the eligible option.\n(sec.245-ssec.2) The application must— state the period for which the exemption is sought; and for an application by a young person—include the signed consent of a parent of the young person.\n(sec.245-ssec.3) However, subsection (2) (b) does not apply if the relevant decision-maker is satisfied it would be inappropriate in all the circumstances to require the signed consent of a parent. an application by a young person living independently of the young person’s parents\n(sec.245-ssec.4) The applicant must provide any other relevant information reasonably required by the relevant decision-maker to decide the application. If an exemption is sought because the young person is ill, the information required under this subsection may include stated medical evidence.\n- (a) for an application for an exemption under section 244 —the chief executive;\n- (b) for an application for an exemption under section 244A —the principal of the non-State school that is the provider for the eligible option.\n- (a) state the period for which the exemption is sought; and\n- (b) for an application by a young person—include the signed consent of a parent of the young person.","sortOrder":353},{"sectionNumber":"sec.246","sectionType":"section","heading":"Lapsing of application","content":"### sec.246 Lapsing of application\n\nThe relevant decision-maker may make a requirement under section 245 (4) by giving the applicant a notice stating—\nthe required information; and\nthe time by which the information must be given to the relevant decision-maker; and\nthat, if the information is not given to the relevant decision-maker by the stated time, the application will lapse.\nThe time stated must be reasonable and, in any case, at least 14 days after the requirement is made.\nThe relevant decision-maker may withdraw the requirement, or part of the requirement, at any time.\nBefore the stated time ends, the relevant decision-maker may give the applicant a further notice extending the stated time if the relevant decision-maker is satisfied it would be reasonable in all the circumstances to give the extension.\nIf the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\ns 246 amd 2014 No. 62 s 98\n(sec.246-ssec.1) The relevant decision-maker may make a requirement under section 245 (4) by giving the applicant a notice stating— the required information; and the time by which the information must be given to the relevant decision-maker; and that, if the information is not given to the relevant decision-maker by the stated time, the application will lapse.\n(sec.246-ssec.2) The time stated must be reasonable and, in any case, at least 14 days after the requirement is made.\n(sec.246-ssec.3) The relevant decision-maker may withdraw the requirement, or part of the requirement, at any time.\n(sec.246-ssec.4) Before the stated time ends, the relevant decision-maker may give the applicant a further notice extending the stated time if the relevant decision-maker is satisfied it would be reasonable in all the circumstances to give the extension.\n(sec.246-ssec.5) If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\n- (a) the required information; and\n- (b) the time by which the information must be given to the relevant decision-maker; and\n- (c) that, if the information is not given to the relevant decision-maker by the stated time, the application will lapse.","sortOrder":354},{"sectionNumber":"sec.247","sectionType":"section","heading":"Temporary exemption until application is decided","content":"### sec.247 Temporary exemption until application is decided\n\nIf the application is made before the young person starts the person’s compulsory participation phase, section 239 (1) does not apply to a parent of the young person until—\n14 days after the relevant decision-maker gives notice to the applicant under section 248 ; or\nthe application lapses.\nIf the application is made while an existing exemption under this part is in force for the young person, the existing exemption continues to apply until 14 days after the relevant decision-maker gives notice to the applicant under section 248 , or until the application lapses.\ns 247 amd 2014 No. 62 s 99\n(sec.247-ssec.1) If the application is made before the young person starts the person’s compulsory participation phase, section 239 (1) does not apply to a parent of the young person until— 14 days after the relevant decision-maker gives notice to the applicant under section 248 ; or the application lapses.\n(sec.247-ssec.2) If the application is made while an existing exemption under this part is in force for the young person, the existing exemption continues to apply until 14 days after the relevant decision-maker gives notice to the applicant under section 248 , or until the application lapses.\n- (a) 14 days after the relevant decision-maker gives notice to the applicant under section 248 ; or\n- (b) the application lapses.","sortOrder":355},{"sectionNumber":"sec.248","sectionType":"section","heading":"Decision","content":"### sec.248 Decision\n\nThe relevant decision-maker must consider the application and either grant, or refuse to grant, the exemption.\nIf the relevant decision-maker decides to grant the exemption, the relevant decision-maker must as soon as practicable grant the exemption to the applicant.\nIf the relevant decision-maker decides to refuse to grant the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.\ns 248 amd 2014 No. 62 s 100\n(sec.248-ssec.1) The relevant decision-maker must consider the application and either grant, or refuse to grant, the exemption.\n(sec.248-ssec.2) If the relevant decision-maker decides to grant the exemption, the relevant decision-maker must as soon as practicable grant the exemption to the applicant.\n(sec.248-ssec.3) If the relevant decision-maker decides to refuse to grant the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.","sortOrder":356},{"sectionNumber":"sec.249","sectionType":"section","heading":"Contents of exemption","content":"### sec.249 Contents of exemption\n\nThis section applies if the relevant decision-maker decides to grant an exemption from the requirement that a young person participate in an eligible option.\nThe exemption must state—\nthe day it is granted; and\nthe young person to whom it relates; and\nwhether it is full or partial and, if it is partial, the extent to which the person is excused from participation; and\nwhether it applies until the end of the person’s compulsory participation phase or only until a stated earlier time; and\nany conditions on which it is granted; and\nwhether the relevant decision-maker has granted any other exemptions for the young person in the year in which the exemption is granted, and, if so, the period of each exemption.\ns 249 amd 2014 No. 62 s 101\n(sec.249-ssec.1) This section applies if the relevant decision-maker decides to grant an exemption from the requirement that a young person participate in an eligible option.\n(sec.249-ssec.2) The exemption must state— the day it is granted; and the young person to whom it relates; and whether it is full or partial and, if it is partial, the extent to which the person is excused from participation; and whether it applies until the end of the person’s compulsory participation phase or only until a stated earlier time; and any conditions on which it is granted; and whether the relevant decision-maker has granted any other exemptions for the young person in the year in which the exemption is granted, and, if so, the period of each exemption.\n- (a) the day it is granted; and\n- (b) the young person to whom it relates; and\n- (c) whether it is full or partial and, if it is partial, the extent to which the person is excused from participation; and\n- (d) whether it applies until the end of the person’s compulsory participation phase or only until a stated earlier time; and\n- (e) any conditions on which it is granted; and\n- (f) whether the relevant decision-maker has granted any other exemptions for the young person in the year in which the exemption is granted, and, if so, the period of each exemption.","sortOrder":357},{"sectionNumber":"sec.250","sectionType":"section","heading":"Imposition of conditions","content":"### sec.250 Imposition of conditions\n\nThe relevant decision-maker may, in granting the exemption, decide to impose conditions on the exemption that are relevant and reasonable.\nIf the relevant decision-maker decides to grant an exemption on conditions, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.\ns 250 amd 2014 No. 62 s 102\n(sec.250-ssec.1) The relevant decision-maker may, in granting the exemption, decide to impose conditions on the exemption that are relevant and reasonable.\n(sec.250-ssec.2) If the relevant decision-maker decides to grant an exemption on conditions, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.","sortOrder":358},{"sectionNumber":"sec.251","sectionType":"section","heading":"Lesser period of exemption than that applied for","content":"### sec.251 Lesser period of exemption than that applied for\n\nThe relevant decision-maker may, in granting the application, decide to grant the exemption for a lesser period than that applied for by the applicant for the exemption.\nIf the relevant decision-maker decides to grant an exemption for a lesser period than that applied for by the applicant for the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.\ns 251 amd 2014 No. 62 s 103\n(sec.251-ssec.1) The relevant decision-maker may, in granting the application, decide to grant the exemption for a lesser period than that applied for by the applicant for the exemption.\n(sec.251-ssec.2) If the relevant decision-maker decides to grant an exemption for a lesser period than that applied for by the applicant for the exemption, the relevant decision-maker must as soon as practicable give the applicant an information notice about the decision.","sortOrder":359},{"sectionNumber":"ch.10-pt.5-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":360},{"sectionNumber":"sec.251AA","sectionType":"section","heading":"Record of decisions about exemptions—non-State schools","content":"### sec.251AA Record of decisions about exemptions—non-State schools\n\nThe governing body of a non-State school must keep a record of each decision made by the school’s principal under section 248 as required under subsection (2) .\nMaximum penalty—20 penalty units.\nThe record must—\nbe kept for at least 5 years from the day the decision was made; and\nfor a decision to grant an application for an exemption—include the matters mentioned in section 249 (2) .\ns 251AA ins 2014 No. 62 s 104\n(sec.251AA-ssec.1) The governing body of a non-State school must keep a record of each decision made by the school’s principal under section 248 as required under subsection (2) . Maximum penalty—20 penalty units.\n(sec.251AA-ssec.2) The record must— be kept for at least 5 years from the day the decision was made; and for a decision to grant an application for an exemption—include the matters mentioned in section 249 (2) .\n- (a) be kept for at least 5 years from the day the decision was made; and\n- (b) for a decision to grant an application for an exemption—include the matters mentioned in section 249 (2) .","sortOrder":361},{"sectionNumber":"sec.251AB","sectionType":"section","heading":"Notice to principal or governing body of non-State school","content":"### sec.251AB Notice to principal or governing body of non-State school\n\nThe chief executive may, by notice given to the principal or governing body of a non-State school, ask the principal or governing body for information about decisions made under section 248 .\nAlso, the chief executive must give the principal of a non-State school a copy of any notice given under subsection (1) to the governing body of the school.\nThe principal or governing body of a non-State school must, if given notice under subsection (1) , give the chief executive the requested information in the way stated in the notice.\ns 251AB ins 2014 No. 62 s 104\nsub 2025 No. 24 s 11\n(sec.251AB-ssec.1) The chief executive may, by notice given to the principal or governing body of a non-State school, ask the principal or governing body for information about decisions made under section 248 .\n(sec.251AB-ssec.2) Also, the chief executive must give the principal of a non-State school a copy of any notice given under subsection (1) to the governing body of the school.\n(sec.251AB-ssec.3) The principal or governing body of a non-State school must, if given notice under subsection (1) , give the chief executive the requested information in the way stated in the notice.","sortOrder":362},{"sectionNumber":"sec.251AC","sectionType":"section","heading":"Protection from liability","content":"### sec.251AC Protection from liability\n\nThis section applies to a non-State school’s principal in complying with a request of the chief executive under section 251AB .\nThe principal is not civilly liable for an act done, or omission made, honestly and without negligence in complying with the request.\nIf subsection (2) prevents a civil liability attaching to the principal, the liability attaches instead to the non-State school’s governing body.\ns 251AC ins 2014 No. 62 s 104\n(sec.251AC-ssec.1) This section applies to a non-State school’s principal in complying with a request of the chief executive under section 251AB .\n(sec.251AC-ssec.2) The principal is not civilly liable for an act done, or omission made, honestly and without negligence in complying with the request.\n(sec.251AC-ssec.3) If subsection (2) prevents a civil liability attaching to the principal, the liability attaches instead to the non-State school’s governing body.","sortOrder":363},{"sectionNumber":"ch.10-pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":364},{"sectionNumber":"sec.251A","sectionType":"section","heading":"Disclosure by chief executive to appropriate entities","content":"### sec.251A Disclosure by chief executive to appropriate entities\n\nTo help in carrying on re-engagement activities, the chief executive may disclose the following information about a young person in the compulsory participation phase to an entity the chief executive considers appropriate—\nname and any previous names;\naddress;\ndate of birth;\nthe last eligible option in which the young person participated, so far as the chief executive is aware;\nother information prescribed under a regulation.\na provider\na youth support entity\na human services entity\ns 251A (prev s 264) renum and reloc 2006 No. 55 s 13\n- (a) name and any previous names;\n- (b) address;\n- (c) date of birth;\n- (d) the last eligible option in which the young person participated, so far as the chief executive is aware;\n- (e) other information prescribed under a regulation.\n- • a provider\n- • a youth support entity\n- • a human services entity","sortOrder":365},{"sectionNumber":"sec.251B","sectionType":"section","heading":"Consultation about planning","content":"### sec.251B Consultation about planning\n\nThe chief executive must consult regularly with the following entities for the purpose of carrying on planning activities—\nthe Association of Independent Schools of Queensland Inc.;\nCatholic Education Queensland Ltd ACN 689 899 223;\nthe chief executive administering the Further Education and Training Act 2014 .\ns 251B (prev s 266) amd 2006 No. 55 s 14 (1)\nrenum and reloc 2006 No. 55 s 14 (2)\namd 2014 No. 25 s 223 sch 1 pt 2 ; 2025 No. 24 s 15A\n- (a) the Association of Independent Schools of Queensland Inc.;\n- (b) Catholic Education Queensland Ltd ACN 689 899 223;\n- (c) the chief executive administering the Further Education and Training Act 2014 .","sortOrder":366},{"sectionNumber":"sec.251C","sectionType":"section","heading":"Transitional","content":"### sec.251C Transitional\n\nTo remove any doubt, it is declared that, despite section 231 , a young person is not in the compulsory participation phase if the person turned 15 years or completed year 10 before 1 January 2006.\ns 251C (prev s 271) renum and reloc 2006 No. 55 s 15","sortOrder":367},{"sectionNumber":"sec.251D","sectionType":"section","heading":"Confidentiality","content":"### sec.251D Confidentiality\n\nThis section applies to a person (the relevant person )—\nwho is or has been—\nthe chief executive or a public service employee in the department; or\nan entity, or an employee of an entity, to whom the chief executive has given information under section 251A ; and\nwho, in the course of the administration of this chapter, or because of opportunity provided by the administration, has gained or has access to personal information about a young person in the student account phase.\nThe relevant person must not make a record of the information or disclose the information to anyone else, other than—\nfor a purpose of this chapter; or\nwith the consent of the person to whom the information relates; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\nas permitted or required by another Act.\nMaximum penalty—50 penalty units.\nSubsection (2) continues to apply to personal information about a young person in the student account phase after the phase ends.\nIn this section—\ndisclose , information, includes give access to the information.\nemployee , of a provider, the QCAA or another entity, includes—\na person appointed to a position with the entity; and\na person engaged by the entity under a contract for services; and\nan unpaid employee of the entity.\npersonal information means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.\nstudent account phase see the E(QCAA) Act , schedule 1 .\ns 251D (prev s 272) amd 2006 No. 55 s 16 (1) – (3)\nrenum and reloc 2006 No. 55 s 16 (4)\namd 2014 No. 3 s 114 sch 1 pt 2\n(sec.251D-ssec.1) This section applies to a person (the relevant person )— who is or has been— the chief executive or a public service employee in the department; or an entity, or an employee of an entity, to whom the chief executive has given information under section 251A ; and who, in the course of the administration of this chapter, or because of opportunity provided by the administration, has gained or has access to personal information about a young person in the student account phase.\n(sec.251D-ssec.2) The relevant person must not make a record of the information or disclose the information to anyone else, other than— for a purpose of this chapter; or with the consent of the person to whom the information relates; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or as permitted or required by another Act. Maximum penalty—50 penalty units.\n(sec.251D-ssec.3) Subsection (2) continues to apply to personal information about a young person in the student account phase after the phase ends.\n(sec.251D-ssec.4) In this section— disclose , information, includes give access to the information. employee , of a provider, the QCAA or another entity, includes— a person appointed to a position with the entity; and a person engaged by the entity under a contract for services; and an unpaid employee of the entity. personal information means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. student account phase see the E(QCAA) Act , schedule 1 .\n- (a) who is or has been— (i) the chief executive or a public service employee in the department; or (ii) an entity, or an employee of an entity, to whom the chief executive has given information under section 251A ; and\n- (i) the chief executive or a public service employee in the department; or\n- (ii) an entity, or an employee of an entity, to whom the chief executive has given information under section 251A ; and\n- (b) who, in the course of the administration of this chapter, or because of opportunity provided by the administration, has gained or has access to personal information about a young person in the student account phase.\n- (i) the chief executive or a public service employee in the department; or\n- (ii) an entity, or an employee of an entity, to whom the chief executive has given information under section 251A ; and\n- (a) for a purpose of this chapter; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (d) as permitted or required by another Act.\n- (a) a person appointed to a position with the entity; and\n- (b) a person engaged by the entity under a contract for services; and\n- (c) an unpaid employee of the entity.","sortOrder":368},{"sectionNumber":"sec.251E","sectionType":"section","heading":null,"content":"### Section sec.251E\n\ns 251E (prev s 273) amd 2006 No. 55 s 17 (1)\nrenum and reloc 2006 No. 55 s 17 (2)\namd 2014 No. 25 s 223 sch 1 pt 2\nom 2014 No. 62 s 42","sortOrder":369},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":370},{"sectionNumber":"sec.252","sectionType":"section","heading":null,"content":"### Section sec.252\n\ns 252 om 2006 No. 55 s 18","sortOrder":371},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":372},{"sectionNumber":"sec.253","sectionType":"section","heading":null,"content":"### Section sec.253\n\ns 253 om 2006 No. 55 s 18","sortOrder":373},{"sectionNumber":"sec.254","sectionType":"section","heading":null,"content":"### Section sec.254\n\ns 254 om 2006 No. 55 s 18","sortOrder":374},{"sectionNumber":"sec.255","sectionType":"section","heading":null,"content":"### Section sec.255\n\ns 255 om 2006 No. 55 s 18","sortOrder":375},{"sectionNumber":"sec.256","sectionType":"section","heading":null,"content":"### Section sec.256\n\ns 256 om 2006 No. 55 s 18","sortOrder":376},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":377},{"sectionNumber":"sec.257","sectionType":"section","heading":null,"content":"### Section sec.257\n\ns 257 om 2006 No. 55 s 18","sortOrder":378},{"sectionNumber":"sec.258","sectionType":"section","heading":null,"content":"### Section sec.258\n\ns 258 om 2006 No. 55 s 18","sortOrder":379},{"sectionNumber":"sec.259","sectionType":"section","heading":null,"content":"### Section sec.259\n\ns 259 om 2006 No. 55 s 18","sortOrder":380},{"sectionNumber":"sec.260","sectionType":"section","heading":null,"content":"### Section sec.260\n\ns 260 om 2006 No. 55 s 18","sortOrder":381},{"sectionNumber":"sec.261","sectionType":"section","heading":null,"content":"### Section sec.261\n\ns 261 om 2006 No. 55 s 18","sortOrder":382},{"sectionNumber":"sec.262","sectionType":"section","heading":null,"content":"### Section sec.262\n\ns 262 om 2006 No. 55 s 18","sortOrder":383},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":384},{"sectionNumber":"sec.263","sectionType":"section","heading":null,"content":"### Section sec.263\n\ns 263 om 2006 No. 55 s 18","sortOrder":385},{"sectionNumber":"ch.11-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":386},{"sectionNumber":"sec.265","sectionType":"section","heading":null,"content":"### Section sec.265\n\ns 265 om 2006 No. 55 s 18","sortOrder":387},{"sectionNumber":"sec.267","sectionType":"section","heading":null,"content":"### Section sec.267\n\ns 267 om 2006 No. 55 s 18","sortOrder":388},{"sectionNumber":"sec.268","sectionType":"section","heading":null,"content":"### Section sec.268\n\ns 268 om 2006 No. 55 s 18","sortOrder":389},{"sectionNumber":"ch.11-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":390},{"sectionNumber":"sec.269","sectionType":"section","heading":null,"content":"### Section sec.269\n\ns 269 om 2006 No. 55 s 18","sortOrder":391},{"sectionNumber":"sec.270","sectionType":"section","heading":null,"content":"### Section sec.270\n\ns 270 om 2006 No. 55 s 18","sortOrder":392},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Student discipline","content":"# Student discipline","sortOrder":393},{"sectionNumber":"sec.274","sectionType":"section","heading":null,"content":"### Section sec.274\n\ns 274 om 2009 No. 24 s 136","sortOrder":394},{"sectionNumber":"sec.275","sectionType":"section","heading":"Control of student discipline","content":"### sec.275 Control of student discipline\n\nThe principal of a State school must control and regulate student discipline in the school.\nThe way in which the principal controls and regulates student discipline in the school may include providing for students to carry on activities—\nafter school hours; and\non a day other than a school day.\ns 275 sub 2013 No. 59 s 9\n(sec.275-ssec.1) The principal of a State school must control and regulate student discipline in the school.\n(sec.275-ssec.2) The way in which the principal controls and regulates student discipline in the school may include providing for students to carry on activities— after school hours; and on a day other than a school day.\n- (a) after school hours; and\n- (b) on a day other than a school day.","sortOrder":395},{"sectionNumber":"sec.276","sectionType":"section","heading":"Policies or procedures for student discipline","content":"### sec.276 Policies or procedures for student discipline\n\nThe chief executive may make a policy or procedure about the way in which principals of State schools are to control and regulate student discipline.\nThe policy or procedure may provide for the following matters—\nthe detention of students by principals or teachers;\nthe performance of community service by students;\nthe making, by principals, of discipline improvement plans for students;\nany other matter the chief executive considers appropriate.\nThe chief executive must ensure the policy or procedure is available for public inspection, without charge—\nduring normal business hours at the department’s head office; and\non the department’s website.\nThe principal of a State school must ensure that the way in which the principal controls and regulates student discipline in the school complies with the policy or procedure.\ns 276 sub 2013 No. 59 s 9\n(sec.276-ssec.1) The chief executive may make a policy or procedure about the way in which principals of State schools are to control and regulate student discipline.\n(sec.276-ssec.2) The policy or procedure may provide for the following matters— the detention of students by principals or teachers; the performance of community service by students; the making, by principals, of discipline improvement plans for students; any other matter the chief executive considers appropriate.\n(sec.276-ssec.3) The chief executive must ensure the policy or procedure is available for public inspection, without charge— during normal business hours at the department’s head office; and on the department’s website.\n(sec.276-ssec.4) The principal of a State school must ensure that the way in which the principal controls and regulates student discipline in the school complies with the policy or procedure.\n- (a) the detention of students by principals or teachers;\n- (b) the performance of community service by students;\n- (c) the making, by principals, of discipline improvement plans for students;\n- (d) any other matter the chief executive considers appropriate.\n- (a) during normal business hours at the department’s head office; and\n- (b) on the department’s website.","sortOrder":396},{"sectionNumber":"sec.277","sectionType":"section","heading":null,"content":"### Section sec.277\n\ns 277 om 2013 No. 59 s 9","sortOrder":397},{"sectionNumber":"sec.278","sectionType":"section","heading":null,"content":"### Section sec.278\n\ns 278 om 2013 No. 59 s 9","sortOrder":398},{"sectionNumber":"sec.279","sectionType":"section","heading":null,"content":"### Section sec.279\n\ns 279 om 2013 No. 59 s 9","sortOrder":399},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":400},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Suspension, exclusion, and cancellation of enrolment, of State school students","content":"# Suspension, exclusion, and cancellation of enrolment, of State school students","sortOrder":401},{"sectionNumber":"ch.12-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":402},{"sectionNumber":"sec.280","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.280 Definitions for pt 3\n\nIn this part—\ncharge-related ground see section 282 (4) .\ncharge ...\ns 280 def charge om 2014 No. 62 s 43 (1)\nconduct , of a student, includes an omission to perform an act by the student.\ndealt with , in relation to a charge against a student for an offence, means any of the following—\nthe student is acquitted or convicted of the charge;\nthe student is convicted of another offence arising out of substantially the same acts or omissions as those constituting the charge;\nthe charge is withdrawn or dismissed;\na nolle prosequi or no true bill is presented in relation to the charge.\noffence includes an act or omission committed outside Queensland that would be an offence if it were committed in Queensland.\npolice commissioner ...\ns 280 def police commissioner ins 2014 No. 62 s 43 (2)\nom 2023 No. 23 s 247 sch 1 s 3\ns 280 prev s 280 om 2013 No. 59 s 9\npres s 280 ins 2013 No. 59 s 12\n- (a) the student is acquitted or convicted of the charge;\n- (b) the student is convicted of another offence arising out of substantially the same acts or omissions as those constituting the charge;\n- (c) the charge is withdrawn or dismissed;\n- (d) a nolle prosequi or no true bill is presented in relation to the charge.","sortOrder":403},{"sectionNumber":"ch.12-pt.3-div.1A","sectionType":"division","heading":"Information about student charges and convictions","content":"## Information about student charges and convictions","sortOrder":404},{"sectionNumber":"sec.280A","sectionType":"section","heading":"Application of div 1A","content":"### sec.280A Application of div 1A\n\nThis division applies to a person despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 5 to the extent it relates to charges.\nThis division does not apply to a mature age student of a mature age State school.\ns 280A ins 2014 No. 62 s 44\n(sec.280A-ssec.1) This division applies to a person despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 5 to the extent it relates to charges.\n(sec.280A-ssec.2) This division does not apply to a mature age student of a mature age State school.","sortOrder":405},{"sectionNumber":"sec.280B","sectionType":"section","heading":"Chief executive may give information to police commissioner","content":"### sec.280B Chief executive may give information to police commissioner\n\nThe chief executive may, for this division, give the police commissioner—\ninformation about whether a person is a student of a State school; and\nthe name of the person and other identifying information about the person, including the person’s date and place of birth and any alias.\nInformation given to the police commissioner under subsection (1) must only be used for this division.\ns 280B ins 2014 No. 62 s 44\n(sec.280B-ssec.1) The chief executive may, for this division, give the police commissioner— information about whether a person is a student of a State school; and the name of the person and other identifying information about the person, including the person’s date and place of birth and any alias.\n(sec.280B-ssec.2) Information given to the police commissioner under subsection (1) must only be used for this division.\n- (a) information about whether a person is a student of a State school; and\n- (b) the name of the person and other identifying information about the person, including the person’s date and place of birth and any alias.","sortOrder":406},{"sectionNumber":"sec.280C","sectionType":"section","heading":"Chief executive may ask police commissioner about student charge or conviction","content":"### sec.280C Chief executive may ask police commissioner about student charge or conviction\n\nThis section applies if—\nthe chief executive reasonably suspects that a student enrolled at a State school has been charged with, or convicted of, an offence; and\nthe school’s principal or the chief executive requires confirmation of the charge or conviction for the exercise of a function under this part.\nThe chief executive may ask the police commissioner whether the student has been charged with, or convicted of, the offence and, if so, for information about the charge or conviction, including a brief description of the circumstances of the charge or conviction.\ns 280C ins 2014 No. 62 s 44\n(sec.280C-ssec.1) This section applies if— the chief executive reasonably suspects that a student enrolled at a State school has been charged with, or convicted of, an offence; and the school’s principal or the chief executive requires confirmation of the charge or conviction for the exercise of a function under this part.\n(sec.280C-ssec.2) The chief executive may ask the police commissioner whether the student has been charged with, or convicted of, the offence and, if so, for information about the charge or conviction, including a brief description of the circumstances of the charge or conviction.\n- (a) the chief executive reasonably suspects that a student enrolled at a State school has been charged with, or convicted of, an offence; and\n- (b) the school’s principal or the chief executive requires confirmation of the charge or conviction for the exercise of a function under this part.","sortOrder":407},{"sectionNumber":"sec.280D","sectionType":"section","heading":"Requirement for police commissioner to give information about student charge or conviction","content":"### sec.280D Requirement for police commissioner to give information about student charge or conviction\n\nThe police commissioner must comply with a request made under section 280C .\nHowever, subsection (1) applies only in relation to information in the police commissioner’s possession or to which the commissioner has access.\nTo remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the police commissioner may disclose information to which that part applies to the chief executive when complying with a request made by the chief executive under section 280C .\ns 280D ins 2014 No. 62 s 44\n(sec.280D-ssec.1) The police commissioner must comply with a request made under section 280C .\n(sec.280D-ssec.2) However, subsection (1) applies only in relation to information in the police commissioner’s possession or to which the commissioner has access.\n(sec.280D-ssec.3) To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the police commissioner may disclose information to which that part applies to the chief executive when complying with a request made by the chief executive under section 280C .","sortOrder":408},{"sectionNumber":"sec.280E","sectionType":"section","heading":"Use of information about student charge or conviction","content":"### sec.280E Use of information about student charge or conviction\n\nThe chief executive must not use information obtained from the police commissioner under this division other than for this part.\nA State school’s principal must not use information obtained by the chief executive from the police commissioner under this division other than for division 2 or 3 .\ns 280E ins 2014 No. 62 s 44\n(sec.280E-ssec.1) The chief executive must not use information obtained from the police commissioner under this division other than for this part.\n(sec.280E-ssec.2) A State school’s principal must not use information obtained by the chief executive from the police commissioner under this division other than for division 2 or 3 .","sortOrder":409},{"sectionNumber":"sec.280F","sectionType":"section","heading":"Destruction of information about student charge or conviction","content":"### sec.280F Destruction of information about student charge or conviction\n\nThe chief executive must ensure that information obtained from the police commissioner under this division is destroyed as soon as practicable after it is no longer needed for the purpose for which it may be used under section 280E .\ns 280F ins 2014 No. 62 s 44","sortOrder":410},{"sectionNumber":"ch.12-pt.3-div.2","sectionType":"division","heading":"Suspension of students by principal","content":"## Suspension of students by principal","sortOrder":411},{"sectionNumber":"sec.281","sectionType":"section","heading":"Principal’s power to suspend","content":"### sec.281 Principal’s power to suspend\n\nThe principal of a State school at which a student is enrolled may, under this division, suspend the student from the school if the principal is reasonably satisfied a ground exists for the suspension.\nThe principal may act under this division whether or not the student has already been suspended or excluded under this part.\nIn this division, a reference to suspension is a reference to suspension of a student in exercise of the power under subsection (1) .\ns 281 prev s 281 om 2013 No. 59 s 9\npres s 281 ins 2013 No. 59 s 12\n(sec.281-ssec.1) The principal of a State school at which a student is enrolled may, under this division, suspend the student from the school if the principal is reasonably satisfied a ground exists for the suspension.\n(sec.281-ssec.2) The principal may act under this division whether or not the student has already been suspended or excluded under this part.\n(sec.281-ssec.3) In this division, a reference to suspension is a reference to suspension of a student in exercise of the power under subsection (1) .","sortOrder":412},{"sectionNumber":"sec.282","sectionType":"section","heading":"Grounds for suspension","content":"### sec.282 Grounds for suspension\n\nEach of the following is a ground for suspension—\ndisobedience;\nmisbehaviour;\nconduct that adversely affects, or is likely to adversely affect, other students;\nconduct that adversely affects, or is likely to adversely affect, the good order and management of the school;\nthe student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or of staff;\nthe student is charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295 .\nIt is also a ground for suspension if—\nthe student is charged with an offence other than a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295 ; and\nthe principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to attend the school while the charge is pending.\nTo remove any doubt, it is declared that, for subsection (1) (c) or (d) , conduct may be a ground for suspension even if the conduct does not happen on school premises or during school hours.\nEach of the grounds under subsection (1) (f) or (2) is a charge-related ground .\ns 282 prev s 282 om 2013 No. 59 s 9\npres s 282 ins 2013 No. 59 s 12\namd 2024 No. 50 s 140 sch 1 ; 2025 No. 20 s 20 sch 1 ; 2024 No. 49 s 130 (1) sch 4 pt 1 (amd 2025 No. 24 ss 39F – 39G )\n(sec.282-ssec.1) Each of the following is a ground for suspension— disobedience; misbehaviour; conduct that adversely affects, or is likely to adversely affect, other students; conduct that adversely affects, or is likely to adversely affect, the good order and management of the school; the student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or of staff; the student is charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295 .\n(sec.282-ssec.2) It is also a ground for suspension if— the student is charged with an offence other than a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295 ; and the principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to attend the school while the charge is pending.\n(sec.282-ssec.3) To remove any doubt, it is declared that, for subsection (1) (c) or (d) , conduct may be a ground for suspension even if the conduct does not happen on school premises or during school hours.\n(sec.282-ssec.4) Each of the grounds under subsection (1) (f) or (2) is a charge-related ground .\n- (a) disobedience;\n- (b) misbehaviour;\n- (c) conduct that adversely affects, or is likely to adversely affect, other students;\n- (d) conduct that adversely affects, or is likely to adversely affect, the good order and management of the school;\n- (e) the student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or of staff;\n- (f) the student is charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295 .\n- (a) the student is charged with an offence other than a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295 ; and\n- (b) the principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to attend the school while the charge is pending.","sortOrder":413},{"sectionNumber":"sec.283","sectionType":"section","heading":"Duration and notice of suspension","content":"### sec.283 Duration and notice of suspension\n\nSuspension may be—\ngenerally—for not more than 10 school days; or\non a ground other than a charge-related ground and if the principal is reasonably satisfied the ground is so serious that the suspension should be for more than 10 school days—for not more than 20 school days; or\non a charge-related ground—until the day the principal makes a decision under section 288 .\nThe principal must tell the student about the suspension.\nThe suspension starts when the principal tells the student about it.\nAs soon as practicable after telling the student, the principal must give the student a notice in the approved form about the suspension.\nIf the student is suspended under subsection (1) (b) or (c) , the notice must state that the student may make a written submission against the suspension to the chief executive.\ns 283 prev s 283 om 2013 No. 59 s 9\npres s 283 ins 2013 No. 59 s 12\namd 2025 No. 24 s 12\n(sec.283-ssec.1) Suspension may be— generally—for not more than 10 school days; or on a ground other than a charge-related ground and if the principal is reasonably satisfied the ground is so serious that the suspension should be for more than 10 school days—for not more than 20 school days; or on a charge-related ground—until the day the principal makes a decision under section 288 .\n(sec.283-ssec.2) The principal must tell the student about the suspension.\n(sec.283-ssec.3) The suspension starts when the principal tells the student about it.\n(sec.283-ssec.4) As soon as practicable after telling the student, the principal must give the student a notice in the approved form about the suspension.\n(sec.283-ssec.5) If the student is suspended under subsection (1) (b) or (c) , the notice must state that the student may make a written submission against the suspension to the chief executive.\n- (a) generally—for not more than 10 school days; or\n- (b) on a ground other than a charge-related ground and if the principal is reasonably satisfied the ground is so serious that the suspension should be for more than 10 school days—for not more than 20 school days; or\n- (c) on a charge-related ground—until the day the principal makes a decision under section 288 .","sortOrder":414},{"sectionNumber":"sec.284","sectionType":"section","heading":"Continuing education during suspension","content":"### sec.284 Continuing education during suspension\n\nA principal who suspends a student must take reasonable steps to arrange for the student’s access to an educational program that allows the student to continue the student’s education during the suspension.\ns 284 sub 2013 No. 59 s 12","sortOrder":415},{"sectionNumber":"sec.285","sectionType":"section","heading":"Submission against suspension","content":"### sec.285 Submission against suspension\n\nThis section applies for suspension under section 283 (1) (b) or (c) .\nThe student may make a written submission against the suspension.\nSee also section 331 (Parent may also make submission, representation or application).\nThe submission must be made to the chief executive and state fully the grounds for the submission and the facts relied on.\ns 285 sub 2013 No. 59 s 12\n(sec.285-ssec.1) This section applies for suspension under section 283 (1) (b) or (c) .\n(sec.285-ssec.2) The student may make a written submission against the suspension. See also section 331 (Parent may also make submission, representation or application).\n(sec.285-ssec.3) The submission must be made to the chief executive and state fully the grounds for the submission and the facts relied on.","sortOrder":416},{"sectionNumber":"sec.286","sectionType":"section","heading":"Dealing with submission against suspension","content":"### sec.286 Dealing with submission against suspension\n\nIf a submission is made to the chief executive under section 285 (2) , the chief executive must, as soon as practicable after receiving it, review the principal’s decision to suspend the student and—\nconfirm the decision; or\nvary the decision; or\nset aside the decision and substitute another decision.\nAs soon as practicable after making the decision under subsection (1) , the chief executive must tell the student and the principal—\nabout the decision; and\nif the decision allows the student to resume attendance at the school earlier, or later, than if the principal’s decision had been confirmed—when the student may resume attendance at the school.\nAs soon as practicable after telling the student and the principal, the chief executive must give each of them a notice in the approved form about the decision.\ns 286 sub 2013 No. 59 s 12\n(sec.286-ssec.1) If a submission is made to the chief executive under section 285 (2) , the chief executive must, as soon as practicable after receiving it, review the principal’s decision to suspend the student and— confirm the decision; or vary the decision; or set aside the decision and substitute another decision.\n(sec.286-ssec.2) As soon as practicable after making the decision under subsection (1) , the chief executive must tell the student and the principal— about the decision; and if the decision allows the student to resume attendance at the school earlier, or later, than if the principal’s decision had been confirmed—when the student may resume attendance at the school.\n(sec.286-ssec.3) As soon as practicable after telling the student and the principal, the chief executive must give each of them a notice in the approved form about the decision.\n- (a) confirm the decision; or\n- (b) vary the decision; or\n- (c) set aside the decision and substitute another decision.\n- (a) about the decision; and\n- (b) if the decision allows the student to resume attendance at the school earlier, or later, than if the principal’s decision had been confirmed—when the student may resume attendance at the school.","sortOrder":417},{"sectionNumber":"sec.287","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.287 Application of sdiv 2\n\nThis subdivision applies for suspension on a charge-related ground.\ns 287 sub 2013 No. 59 s 12","sortOrder":418},{"sectionNumber":"sec.288","sectionType":"section","heading":"Principal must decide whether to exclude student after charge dealt with","content":"### sec.288 Principal must decide whether to exclude student after charge dealt with\n\nAs soon as practicable after the charge is dealt with, the principal must decide, under division 3 , whether to propose to exclude the student from the school.\nThe principal may propose to exclude on the ground mentioned in section 292 (2) or on another ground mentioned in section 292 (1) .\nIf the principal decides not to propose to exclude, the principal must tell the student about the decision and that the suspension has ended.\nAs soon as practicable after telling the student, the principal must give the student a notice in the approved form about the decision.\ns 288 sub 2013 No. 59 s 12\n(sec.288-ssec.1) As soon as practicable after the charge is dealt with, the principal must decide, under division 3 , whether to propose to exclude the student from the school. The principal may propose to exclude on the ground mentioned in section 292 (2) or on another ground mentioned in section 292 (1) .\n(sec.288-ssec.2) If the principal decides not to propose to exclude, the principal must tell the student about the decision and that the suspension has ended.\n(sec.288-ssec.3) As soon as practicable after telling the student, the principal must give the student a notice in the approved form about the decision.","sortOrder":419},{"sectionNumber":"sec.288A","sectionType":"section","heading":null,"content":"### Section sec.288A\n\ns 288A ins 2010 No. 50 s 11\nom 2013 No. 59 s 12","sortOrder":420},{"sectionNumber":"sec.288B","sectionType":"section","heading":null,"content":"### Section sec.288B\n\ns 288B ins 2010 No. 50 s 11\nom 2013 No. 59 s 12","sortOrder":421},{"sectionNumber":"sec.288C","sectionType":"section","heading":null,"content":"### Section sec.288C\n\ns 288C ins 2010 No. 50 s 11\nom 2013 No. 59 s 12","sortOrder":422},{"sectionNumber":"sec.288D","sectionType":"section","heading":null,"content":"### Section sec.288D\n\ns 288D ins 2010 No. 50 s 11\nom 2013 No. 59 s 12","sortOrder":423},{"sectionNumber":"sec.288E","sectionType":"section","heading":null,"content":"### Section sec.288E\n\ns 288E ins 2010 No. 50 s 11\nom 2013 No. 59 s 12","sortOrder":424},{"sectionNumber":"sec.288F","sectionType":"section","heading":null,"content":"### Section sec.288F\n\ns 288F ins 2010 No. 50 s 11\namd 2012 No. 35 s 7\nom 2013 No. 59 s 12","sortOrder":425},{"sectionNumber":"sec.288G","sectionType":"section","heading":null,"content":"### Section sec.288G\n\ns 288G ins 2010 No. 50 s 11\nom 2013 No. 59 s 12","sortOrder":426},{"sectionNumber":"sec.288H","sectionType":"section","heading":null,"content":"### Section sec.288H\n\ns 288H ins 2010 No. 50 s 11\nom 2013 No. 59 s 12","sortOrder":427},{"sectionNumber":"sec.289","sectionType":"section","heading":"Principal may decide to end suspension before charge dealt with","content":"### sec.289 Principal may decide to end suspension before charge dealt with\n\nThis section applies if, on a day before the charge is dealt with, the principal is satisfied it would no longer not be in the best interests of other students or of staff for the student to attend the school while the charge is pending.\nDespite section 283 (1) (c) , the principal may decide to end the suspension.\nThe principal must tell the student about the decision and that the suspension has ended.\nAs soon as practicable after telling the student, the principal must give the student a notice in the approved form about the decision.\ns 289 sub 2013 No. 59 s 12\n(sec.289-ssec.1) This section applies if, on a day before the charge is dealt with, the principal is satisfied it would no longer not be in the best interests of other students or of staff for the student to attend the school while the charge is pending.\n(sec.289-ssec.2) Despite section 283 (1) (c) , the principal may decide to end the suspension.\n(sec.289-ssec.3) The principal must tell the student about the decision and that the suspension has ended.\n(sec.289-ssec.4) As soon as practicable after telling the student, the principal must give the student a notice in the approved form about the decision.","sortOrder":428},{"sectionNumber":"sec.289A","sectionType":"section","heading":"Principal may delegate function of telling students about suspension decision","content":"### sec.289A Principal may delegate function of telling students about suspension decision\n\nThis section applies in relation to a function imposed on the principal of a State school under section 283 (2) , 288 (2) or 289 (3) .\nThe principal may delegate the function to an appropriately qualified teacher at the school who assists the principal with the management of the school.\nthe head of a primary or secondary school, a deputy principal\ns 289A ins 2025 No. 24 s 14\n(sec.289A-ssec.1) This section applies in relation to a function imposed on the principal of a State school under section 283 (2) , 288 (2) or 289 (3) .\n(sec.289A-ssec.2) The principal may delegate the function to an appropriately qualified teacher at the school who assists the principal with the management of the school. the head of a primary or secondary school, a deputy principal","sortOrder":429},{"sectionNumber":"sec.290","sectionType":"section","heading":"Chief executive may exercise suspension power","content":"### sec.290 Chief executive may exercise suspension power\n\nThis section applies if the principal of a State school, or the chief executive, reasonably believes it would be appropriate for the chief executive to exercise the suspension power.\nIt would be appropriate for the chief executive to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.\nThe chief executive may exercise the power.\nEach provision of this division applies as if a reference in the provision to the principal were a reference to the chief executive.\ns 290 amd 2010 No. 50 s 12\nsub 2013 No. 59 s 12\n(sec.290-ssec.1) This section applies if the principal of a State school, or the chief executive, reasonably believes it would be appropriate for the chief executive to exercise the suspension power. It would be appropriate for the chief executive to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.\n(sec.290-ssec.2) The chief executive may exercise the power.\n(sec.290-ssec.3) Each provision of this division applies as if a reference in the provision to the principal were a reference to the chief executive.","sortOrder":430},{"sectionNumber":"ch.12-pt.3-div.3","sectionType":"division","heading":"Exclusion of students by principal","content":"## Exclusion of students by principal","sortOrder":431},{"sectionNumber":"sec.291","sectionType":"section","heading":"Principal’s power to exclude","content":"### sec.291 Principal’s power to exclude\n\nThe principal of a State school at which a student is enrolled may, under this division, exclude the student from the school if the principal is reasonably satisfied a ground exists for the exclusion.\nThe principal may act under this division whether or not the student has already been suspended or excluded under this part.\nIn this division, a reference to exclusion is a reference to exclusion of a student in exercise of the power under subsection (1) .\ns 291 sub 2013 No. 59 s 12\n(sec.291-ssec.1) The principal of a State school at which a student is enrolled may, under this division, exclude the student from the school if the principal is reasonably satisfied a ground exists for the exclusion.\n(sec.291-ssec.2) The principal may act under this division whether or not the student has already been suspended or excluded under this part.\n(sec.291-ssec.3) In this division, a reference to exclusion is a reference to exclusion of a student in exercise of the power under subsection (1) .","sortOrder":432},{"sectionNumber":"sec.292","sectionType":"section","heading":"Grounds for exclusion","content":"### sec.292 Grounds for exclusion\n\nEach of the following is a ground for exclusion—\npersistent disobedience;\nmisbehaviour;\nconduct that adversely affects, or is likely to adversely affect, other students;\nconduct that adversely affects, or is likely to adversely affect, the good order and management of the school;\nthe student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or of staff;\nif suspension of the student under division 2 is inadequate to deal with the disobedience, misbehaviour, conduct or risk.\nIt is also a ground for exclusion if—\nthe student has been convicted of an offence; and\nthe principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the school.\nTo remove any doubt, it is declared that, for subsection (1) (c) or (d) , conduct may be a ground for exclusion even if the conduct does not happen on school premises or during school hours.\ns 292 amd 2010 No. 50 s 13\nsub 2013 No. 59 s 12\n(sec.292-ssec.1) Each of the following is a ground for exclusion— persistent disobedience; misbehaviour; conduct that adversely affects, or is likely to adversely affect, other students; conduct that adversely affects, or is likely to adversely affect, the good order and management of the school; the student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or of staff; if suspension of the student under division 2 is inadequate to deal with the disobedience, misbehaviour, conduct or risk.\n(sec.292-ssec.2) It is also a ground for exclusion if— the student has been convicted of an offence; and the principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the school.\n(sec.292-ssec.3) To remove any doubt, it is declared that, for subsection (1) (c) or (d) , conduct may be a ground for exclusion even if the conduct does not happen on school premises or during school hours.\n- (a) persistent disobedience;\n- (b) misbehaviour;\n- (c) conduct that adversely affects, or is likely to adversely affect, other students;\n- (d) conduct that adversely affects, or is likely to adversely affect, the good order and management of the school;\n- (e) the student’s attendance at the school poses an unacceptable risk to the safety or wellbeing of other students or of staff;\n- (a) the student has been convicted of an offence; and\n- (b) the principal is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the school.","sortOrder":433},{"sectionNumber":"sec.293","sectionType":"section","heading":"Suspension pending final decision about exclusion","content":"### sec.293 Suspension pending final decision about exclusion\n\nThis section applies if the principal of a State school proposes to exclude a student.\nThe principal must give the student a notice in the approved form about the proposed exclusion and—\nif the student is already suspended—tell the student that the suspension continues until the principal makes a final decision about the proposed exclusion; or\nif the student is not already suspended—suspend the student until the principal makes a final decision about the proposed exclusion.\nThe suspension starts when the principal tells the student about it.\ns 293 amd 2010 No. 50 s 14 ; 2012 No. 35 s 8\nsub 2013 No. 59 s 12\n(sec.293-ssec.1) This section applies if the principal of a State school proposes to exclude a student.\n(sec.293-ssec.2) The principal must give the student a notice in the approved form about the proposed exclusion and— if the student is already suspended—tell the student that the suspension continues until the principal makes a final decision about the proposed exclusion; or if the student is not already suspended—suspend the student until the principal makes a final decision about the proposed exclusion.\n(sec.293-ssec.3) The suspension starts when the principal tells the student about it.\n- (a) if the student is already suspended—tell the student that the suspension continues until the principal makes a final decision about the proposed exclusion; or\n- (b) if the student is not already suspended—suspend the student until the principal makes a final decision about the proposed exclusion.","sortOrder":434},{"sectionNumber":"sec.294","sectionType":"section","heading":"Continuing education during suspension","content":"### sec.294 Continuing education during suspension\n\nA principal who suspends a student pending a final decision about exclusion must take reasonable steps to arrange for the student’s access to an educational program that allows the student to continue the student’s education during the suspension.\ns 294 amd 2010 No. 50 s 15\nsub 2013 No. 59 s 12","sortOrder":435},{"sectionNumber":"sec.295","sectionType":"section","heading":"Final decision about exclusion","content":"### sec.295 Final decision about exclusion\n\nThe principal of a State school must make a final decision about exclusion within 20 school days after giving the student a notice under section 293 (2) (the proposed exclusion notice ).\nIf the principal decides not to exclude, the principal must—\ntell the student, as soon as practicable—\nabout the decision; and\nthat the suspension has ended and the student may resume attendance at the school; and\nas soon as practicable after telling the student about the decision—give the student a notice in the approved form about the decision.\nIf the principal decides to exclude, the principal must exclude the student either permanently or for a period of not more than 1 year.\nHowever, the exclusion can not be longer than the period stated in the proposed exclusion notice.\nThe principal must, as soon as practicable after deciding to exclude, give the student a notice in the approved form about the exclusion.\nThe notice mentioned in subsection (5) must state that—\nthe student may make a written submission to the chief executive asking the chief executive to review the decision under division 6 ; and\nif the student is excluded permanently—the student may make a periodic written submission to the chief executive under division 7 .\ns 295 sub 2013 No. 59 s 12\n(sec.295-ssec.1) The principal of a State school must make a final decision about exclusion within 20 school days after giving the student a notice under section 293 (2) (the proposed exclusion notice ).\n(sec.295-ssec.2) If the principal decides not to exclude, the principal must— tell the student, as soon as practicable— about the decision; and that the suspension has ended and the student may resume attendance at the school; and as soon as practicable after telling the student about the decision—give the student a notice in the approved form about the decision.\n(sec.295-ssec.3) If the principal decides to exclude, the principal must exclude the student either permanently or for a period of not more than 1 year.\n(sec.295-ssec.4) However, the exclusion can not be longer than the period stated in the proposed exclusion notice.\n(sec.295-ssec.5) The principal must, as soon as practicable after deciding to exclude, give the student a notice in the approved form about the exclusion.\n(sec.295-ssec.6) The notice mentioned in subsection (5) must state that— the student may make a written submission to the chief executive asking the chief executive to review the decision under division 6 ; and if the student is excluded permanently—the student may make a periodic written submission to the chief executive under division 7 .\n- (a) tell the student, as soon as practicable— (i) about the decision; and (ii) that the suspension has ended and the student may resume attendance at the school; and\n- (i) about the decision; and\n- (ii) that the suspension has ended and the student may resume attendance at the school; and\n- (b) as soon as practicable after telling the student about the decision—give the student a notice in the approved form about the decision.\n- (i) about the decision; and\n- (ii) that the suspension has ended and the student may resume attendance at the school; and\n- (a) the student may make a written submission to the chief executive asking the chief executive to review the decision under division 6 ; and\n- (b) if the student is excluded permanently—the student may make a periodic written submission to the chief executive under division 7 .","sortOrder":436},{"sectionNumber":"sec.296","sectionType":"section","heading":"Effect of exclusion on enrolment","content":"### sec.296 Effect of exclusion on enrolment\n\nIf a student is excluded from a State school at which the student is enrolled, the enrolment is taken to be cancelled.\ns 296 sub 2013 No. 59 s 12","sortOrder":437},{"sectionNumber":"sec.297","sectionType":"section","heading":"Chief executive may exercise exclusion power","content":"### sec.297 Chief executive may exercise exclusion power\n\nThis section applies if the principal of a State school, or the chief executive, reasonably believes it would be appropriate for the chief executive to exercise the exclusion power.\nIt would be appropriate for the chief executive to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.\nThe chief executive may exercise the power.\nEach provision of this division applies as if a reference in the provision to the principal were a reference to the chief executive.\ns 297 sub 2013 No. 59 s 12\n(sec.297-ssec.1) This section applies if the principal of a State school, or the chief executive, reasonably believes it would be appropriate for the chief executive to exercise the exclusion power. It would be appropriate for the chief executive to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.\n(sec.297-ssec.2) The chief executive may exercise the power.\n(sec.297-ssec.3) Each provision of this division applies as if a reference in the provision to the principal were a reference to the chief executive.","sortOrder":438},{"sectionNumber":"ch.12-pt.3-div.4","sectionType":"division","heading":"Exclusion of students from certain State schools or all State schools by chief executive","content":"## Exclusion of students from certain State schools or all State schools by chief executive","sortOrder":439},{"sectionNumber":"sec.298","sectionType":"section","heading":"Chief executive’s power to exclude","content":"### sec.298 Chief executive’s power to exclude\n\nThe chief executive may, under this division, exclude a student from certain State schools, or all State schools, if the chief executive is reasonably satisfied a ground exists for the exclusion.\nThe chief executive may act under this division whether or not the student has already been suspended or excluded under this part.\nIn this division, a reference to exclusion is a reference to exclusion of a student in exercise of the power under subsection (1) .\ns 298 sub 2013 No. 59 s 12\n(sec.298-ssec.1) The chief executive may, under this division, exclude a student from certain State schools, or all State schools, if the chief executive is reasonably satisfied a ground exists for the exclusion.\n(sec.298-ssec.2) The chief executive may act under this division whether or not the student has already been suspended or excluded under this part.\n(sec.298-ssec.3) In this division, a reference to exclusion is a reference to exclusion of a student in exercise of the power under subsection (1) .","sortOrder":440},{"sectionNumber":"sec.299","sectionType":"section","heading":"Grounds for exclusion","content":"### sec.299 Grounds for exclusion\n\nEach of the following is a ground for exclusion—\npersistent disobedience;\nmisbehaviour;\nconduct that adversely affects, or is likely to adversely affect, other students;\nconduct that adversely affects, or is likely to adversely affect, the good order and management of the schools;\nthe student’s attendance at the schools poses an unacceptable risk to the safety or wellbeing of other students or of staff;\nif exclusion of the student under division 3 is inadequate to deal with the disobedience, misbehaviour, conduct or risk.\nIt is also a ground for exclusion if—\nthe student has been convicted of an offence; and\nthe chief executive is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the schools.\nTo remove any doubt, it is declared that, for subsection (1) (c) or (d) , conduct of the student may be a ground for exclusion even if the conduct does not happen on school premises or during school hours.\ns 299 sub 2013 No. 59 s 12\n(sec.299-ssec.1) Each of the following is a ground for exclusion— persistent disobedience; misbehaviour; conduct that adversely affects, or is likely to adversely affect, other students; conduct that adversely affects, or is likely to adversely affect, the good order and management of the schools; the student’s attendance at the schools poses an unacceptable risk to the safety or wellbeing of other students or of staff; if exclusion of the student under division 3 is inadequate to deal with the disobedience, misbehaviour, conduct or risk.\n(sec.299-ssec.2) It is also a ground for exclusion if— the student has been convicted of an offence; and the chief executive is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the schools.\n(sec.299-ssec.3) To remove any doubt, it is declared that, for subsection (1) (c) or (d) , conduct of the student may be a ground for exclusion even if the conduct does not happen on school premises or during school hours.\n- (a) persistent disobedience;\n- (b) misbehaviour;\n- (c) conduct that adversely affects, or is likely to adversely affect, other students;\n- (d) conduct that adversely affects, or is likely to adversely affect, the good order and management of the schools;\n- (e) the student’s attendance at the schools poses an unacceptable risk to the safety or wellbeing of other students or of staff;\n- (a) the student has been convicted of an offence; and\n- (b) the chief executive is reasonably satisfied it would not be in the best interests of other students or of staff for the student to be enrolled at the schools.","sortOrder":441},{"sectionNumber":"sec.300","sectionType":"section","heading":"Suspension pending final decision about exclusion","content":"### sec.300 Suspension pending final decision about exclusion\n\nThis section applies if the chief executive proposes to exclude a student.\nThe chief executive must give the student a notice in the approved form about the proposed exclusion and—\nif the student is already suspended or excluded from the schools—tell the student that the suspension or exclusion continues until the chief executive makes a final decision about the proposed exclusion; or\nif the student is not already suspended or excluded from the schools—suspend the student until the chief executive makes a final decision about the proposed exclusion.\nThe suspension starts when the chief executive tells the student about it.\ns 300 sub 2013 No. 59 s 12\n(sec.300-ssec.1) This section applies if the chief executive proposes to exclude a student.\n(sec.300-ssec.2) The chief executive must give the student a notice in the approved form about the proposed exclusion and— if the student is already suspended or excluded from the schools—tell the student that the suspension or exclusion continues until the chief executive makes a final decision about the proposed exclusion; or if the student is not already suspended or excluded from the schools—suspend the student until the chief executive makes a final decision about the proposed exclusion.\n(sec.300-ssec.3) The suspension starts when the chief executive tells the student about it.\n- (a) if the student is already suspended or excluded from the schools—tell the student that the suspension or exclusion continues until the chief executive makes a final decision about the proposed exclusion; or\n- (b) if the student is not already suspended or excluded from the schools—suspend the student until the chief executive makes a final decision about the proposed exclusion.","sortOrder":442},{"sectionNumber":"sec.301","sectionType":"section","heading":"Continuing education during suspension","content":"### sec.301 Continuing education during suspension\n\nIf the chief executive suspends a student pending a final decision about exclusion, the chief executive must take reasonable steps to arrange for the student’s access to an educational program that allows the student to continue the student’s education during the suspension.\ns 301 sub 2013 No. 59 s 12","sortOrder":443},{"sectionNumber":"sec.302","sectionType":"section","heading":"Final decision about exclusion","content":"### sec.302 Final decision about exclusion\n\nThe chief executive must make a final decision about exclusion within 30 school days after giving the student a notice under section 300 (2) (the proposed exclusion notice ).\nIf the chief executive decides not to exclude, the chief executive must—\nas soon as practicable, tell the student—\nabout the decision; and\nthat the suspension has ended; and\nunless the student has been excluded under section 295 (3) —that the student may resume attendance at the school at which the student was enrolled on the day of the suspension; and\nas soon as practicable after telling the student about the decision—give the student a notice in the approved form about the decision.\nIf the chief executive decides to exclude, the chief executive must exclude the student either permanently or for a period of not more than 1 year.\nSee chapter 15 , part 4 for review of the decision by QCAT.\nHowever, the exclusion can not be longer than the period stated in the proposed exclusion notice.\nThe chief executive must, as soon as practicable after deciding to exclude, give the student a notice in the approved form about the exclusion.\nThe notice mentioned in subsection (5) must state that—\nthe student may make a written submission to the chief executive asking the chief executive to review the decision under division 6 ; and\nif the student is excluded permanently—the student may make a periodic written submission to the chief executive under division 7 .\nAlso, if the chief executive decides to exclude the student from all State schools, the notice must comply with the QCAT Act , section 157 (2) .\ns 302 amd 2009 No. 24 s 138 ; 2012 No. 35 s 9\nsub 2013 No. 59 s 12\namd 2014 No. 62 s 45\n(sec.302-ssec.1) The chief executive must make a final decision about exclusion within 30 school days after giving the student a notice under section 300 (2) (the proposed exclusion notice ).\n(sec.302-ssec.2) If the chief executive decides not to exclude, the chief executive must— as soon as practicable, tell the student— about the decision; and that the suspension has ended; and unless the student has been excluded under section 295 (3) —that the student may resume attendance at the school at which the student was enrolled on the day of the suspension; and as soon as practicable after telling the student about the decision—give the student a notice in the approved form about the decision.\n(sec.302-ssec.3) If the chief executive decides to exclude, the chief executive must exclude the student either permanently or for a period of not more than 1 year. See chapter 15 , part 4 for review of the decision by QCAT.\n(sec.302-ssec.4) However, the exclusion can not be longer than the period stated in the proposed exclusion notice.\n(sec.302-ssec.5) The chief executive must, as soon as practicable after deciding to exclude, give the student a notice in the approved form about the exclusion.\n(sec.302-ssec.6) The notice mentioned in subsection (5) must state that— the student may make a written submission to the chief executive asking the chief executive to review the decision under division 6 ; and if the student is excluded permanently—the student may make a periodic written submission to the chief executive under division 7 .\n(sec.302-ssec.7) Also, if the chief executive decides to exclude the student from all State schools, the notice must comply with the QCAT Act , section 157 (2) .\n- (a) as soon as practicable, tell the student— (i) about the decision; and (ii) that the suspension has ended; and (iii) unless the student has been excluded under section 295 (3) —that the student may resume attendance at the school at which the student was enrolled on the day of the suspension; and\n- (i) about the decision; and\n- (ii) that the suspension has ended; and\n- (iii) unless the student has been excluded under section 295 (3) —that the student may resume attendance at the school at which the student was enrolled on the day of the suspension; and\n- (b) as soon as practicable after telling the student about the decision—give the student a notice in the approved form about the decision.\n- (i) about the decision; and\n- (ii) that the suspension has ended; and\n- (iii) unless the student has been excluded under section 295 (3) —that the student may resume attendance at the school at which the student was enrolled on the day of the suspension; and\n- (a) the student may make a written submission to the chief executive asking the chief executive to review the decision under division 6 ; and\n- (b) if the student is excluded permanently—the student may make a periodic written submission to the chief executive under division 7 .","sortOrder":444},{"sectionNumber":"sec.303","sectionType":"section","heading":"Effect of exclusion on enrolment","content":"### sec.303 Effect of exclusion on enrolment\n\nIf a student is excluded from a State school at which the student is enrolled, the enrolment is taken to be cancelled.\ns 303 sub 2013 No. 59 s 12","sortOrder":445},{"sectionNumber":"sec.304","sectionType":"section","heading":"Continuing education during exclusion of certain students","content":"### sec.304 Continuing education during exclusion of certain students\n\nThis section applies to a student of a State school who is—\nof compulsory school age; or\na young person in the compulsory participation phase.\nIf the student is excluded from all State schools, the chief executive must take reasonable steps to arrange for the student’s access to an educational program that allows the student to continue the student’s education during the exclusion.\ns 304 sub 2013 No. 59 s 12\n(sec.304-ssec.1) This section applies to a student of a State school who is— of compulsory school age; or a young person in the compulsory participation phase.\n(sec.304-ssec.2) If the student is excluded from all State schools, the chief executive must take reasonable steps to arrange for the student’s access to an educational program that allows the student to continue the student’s education during the exclusion.\n- (a) of compulsory school age; or\n- (b) a young person in the compulsory participation phase.","sortOrder":446},{"sectionNumber":"ch.12-pt.3-div.5","sectionType":"division","heading":"Exclusion of prospective students by chief executive","content":"## Exclusion of prospective students by chief executive","sortOrder":447},{"sectionNumber":"sec.305","sectionType":"section","heading":"Application of div 5","content":"### sec.305 Application of div 5\n\nThis division applies if—\na State school’s principal, under section 156 (2) , refers an application for enrolment of a prospective student at the school to the chief executive; and\nthe chief executive gives the applicant a show cause notice under section 159 .\ns 305 amd 2013 No. 59 s 14\n- (a) a State school’s principal, under section 156 (2) , refers an application for enrolment of a prospective student at the school to the chief executive; and\n- (b) the chief executive gives the applicant a show cause notice under section 159 .","sortOrder":448},{"sectionNumber":"sec.306","sectionType":"section","heading":"Risk to safety or wellbeing","content":"### sec.306 Risk to safety or wellbeing\n\nIf the chief executive reasonably believes the prospective student’s attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools, the chief executive must give the prospective student a notice (a show cause notice ) stating the following—\nthat the chief executive proposes to exclude the prospective student from the schools for a stated period of not more than 1 year or permanently (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nan invitation to the prospective student to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 14 days after the show cause notice is given to the prospective student.\n(sec.306-ssec.1) If the chief executive reasonably believes the prospective student’s attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools, the chief executive must give the prospective student a notice (a show cause notice ) stating the following— that the chief executive proposes to exclude the prospective student from the schools for a stated period of not more than 1 year or permanently (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; an invitation to the prospective student to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.306-ssec.2) The show cause period must be a period ending at least 14 days after the show cause notice is given to the prospective student.\n- (a) that the chief executive proposes to exclude the prospective student from the schools for a stated period of not more than 1 year or permanently (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) an invitation to the prospective student to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":449},{"sectionNumber":"sec.307","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.307 Representations about show cause notice\n\nThe prospective student may make written representations about the show cause notice to the chief executive in the show cause period.\nThe chief executive must consider all written representations (the accepted representations ) made under subsection (1) .\n(sec.307-ssec.1) The prospective student may make written representations about the show cause notice to the chief executive in the show cause period.\n(sec.307-ssec.2) The chief executive must consider all written representations (the accepted representations ) made under subsection (1) .","sortOrder":450},{"sectionNumber":"sec.308","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.308 Ending show cause process without further action\n\nIf, after considering any accepted representations for the show cause notice, the chief executive no longer reasonably believes the prospective student’s attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools, the chief executive—\nmust not take further action about the show cause notice; and\nmust, as soon as practicable, give notice to the prospective student that no further action is to be taken about the show cause notice.\n- (a) must not take further action about the show cause notice; and\n- (b) must, as soon as practicable, give notice to the prospective student that no further action is to be taken about the show cause notice.","sortOrder":451},{"sectionNumber":"sec.309","sectionType":"section","heading":"Exclusion","content":"### sec.309 Exclusion\n\nThis section applies if, after considering any accepted representations for the show cause notice, the chief executive still reasonably believes the prospective student’s attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools.\nThis section also applies if there are no accepted representations for the show cause notice.\nThe chief executive must decide to exclude the prospective student from the schools.\nSee chapter 15 , part 4 for review of the decision by QCAT.\nThe chief executive may not decide to exclude the prospective student for a longer period than the period of the proposed exclusion stated in the show cause notice given to the prospective student under section 306 .\nIf the decision relates to certain State schools, the chief executive must give the prospective student a notice stating—\nthat the prospective student is excluded from the stated schools for a stated period of not more than 1 year or permanently; and\nthe reason for the exclusion; and\nthat the prospective student may make a submission asking the chief executive to review the exclusion under division 6 ; and\nthe title, name and address of the chief executive; and\nthe way in which the submission may be made.\nIf the decision relates to all State schools, the chief executive must give the prospective student a notice—\nstating that the prospective student is excluded from all State schools for a stated period of not more than 1 year or permanently; and\ncomplying with the QCAT Act , section 157 (2) .\ns 309 amd 2009 No. 24 s 139 ; 2013 No. 59 s 15 ; 2014 No. 62 s 46\n(sec.309-ssec.1) This section applies if, after considering any accepted representations for the show cause notice, the chief executive still reasonably believes the prospective student’s attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools.\n(sec.309-ssec.2) This section also applies if there are no accepted representations for the show cause notice.\n(sec.309-ssec.3) The chief executive must decide to exclude the prospective student from the schools. See chapter 15 , part 4 for review of the decision by QCAT.\n(sec.309-ssec.4) The chief executive may not decide to exclude the prospective student for a longer period than the period of the proposed exclusion stated in the show cause notice given to the prospective student under section 306 .\n(sec.309-ssec.5) If the decision relates to certain State schools, the chief executive must give the prospective student a notice stating— that the prospective student is excluded from the stated schools for a stated period of not more than 1 year or permanently; and the reason for the exclusion; and that the prospective student may make a submission asking the chief executive to review the exclusion under division 6 ; and the title, name and address of the chief executive; and the way in which the submission may be made.\n(sec.309-ssec.6) If the decision relates to all State schools, the chief executive must give the prospective student a notice— stating that the prospective student is excluded from all State schools for a stated period of not more than 1 year or permanently; and complying with the QCAT Act , section 157 (2) .\n- (a) that the prospective student is excluded from the stated schools for a stated period of not more than 1 year or permanently; and\n- (b) the reason for the exclusion; and\n- (c) that the prospective student may make a submission asking the chief executive to review the exclusion under division 6 ; and\n- (d) the title, name and address of the chief executive; and\n- (e) the way in which the submission may be made.\n- (a) stating that the prospective student is excluded from all State schools for a stated period of not more than 1 year or permanently; and\n- (b) complying with the QCAT Act , section 157 (2) .","sortOrder":452},{"sectionNumber":"sec.310","sectionType":"section","heading":"Continuing education of certain excluded student","content":"### sec.310 Continuing education of certain excluded student\n\nThis section applies to a prospective student of a State school who is—\nof compulsory school age; or\na young person in the compulsory participation phase.\nIf the prospective student is excluded under section 309 from all State schools, the chief executive must take reasonable steps to arrange for the prospective student’s access to an educational program that allows the prospective student to continue the student’s education during the exclusion.\n(sec.310-ssec.1) This section applies to a prospective student of a State school who is— of compulsory school age; or a young person in the compulsory participation phase.\n(sec.310-ssec.2) If the prospective student is excluded under section 309 from all State schools, the chief executive must take reasonable steps to arrange for the prospective student’s access to an educational program that allows the prospective student to continue the student’s education during the exclusion.\n- (a) of compulsory school age; or\n- (b) a young person in the compulsory participation phase.","sortOrder":453},{"sectionNumber":"ch.12-pt.3-div.6","sectionType":"division","heading":"Review of particular exclusion decisions","content":"## Review of particular exclusion decisions","sortOrder":454},{"sectionNumber":"sec.311","sectionType":"section","heading":"Application of div 6","content":"### sec.311 Application of div 6\n\nThis division applies to a person (the excluded person ) who is excluded, under section 291 , 298 or 309 (5) , from a State school at which the student is enrolled or certain State schools.\ns 311 amd 2010 No. 50 s 16 ; 2013 No. 59 s 16","sortOrder":455},{"sectionNumber":"sec.312","sectionType":"section","heading":"Submission against exclusion decision","content":"### sec.312 Submission against exclusion decision\n\nThe excluded person may make a submission against the decision to exclude the excluded person (the exclusion decision ).\nThe submission must—\nbe made to the chief executive within 30 school days after the day the excluded person is given notice of the exclusion decision under section 295 (5) , 302 (5) or 309 (5) ; and\nstate fully the grounds for the submission and the facts relied on.\ns 312 amd 2010 No. 50 s 17 ; 2013 No. 59 s 17\n(sec.312-ssec.1) The excluded person may make a submission against the decision to exclude the excluded person (the exclusion decision ).\n(sec.312-ssec.2) The submission must— be made to the chief executive within 30 school days after the day the excluded person is given notice of the exclusion decision under section 295 (5) , 302 (5) or 309 (5) ; and state fully the grounds for the submission and the facts relied on.\n- (a) be made to the chief executive within 30 school days after the day the excluded person is given notice of the exclusion decision under section 295 (5) , 302 (5) or 309 (5) ; and\n- (b) state fully the grounds for the submission and the facts relied on.","sortOrder":456},{"sectionNumber":"sec.313","sectionType":"section","heading":"Dealing with submissions against exclusions","content":"### sec.313 Dealing with submissions against exclusions\n\nIf a submission is made to the chief executive, the chief executive must, within 40 school days after receiving the submission, consider the exclusion decision and the submission and—\nconfirm the exclusion decision; or\namend the exclusion decision; or\nset aside the exclusion decision and make a new decision in substitution of the exclusion decision.\nIf the exclusion decision was made under section 291 or 298 , after the chief executive has decided to confirm, amend or set aside the exclusion decision, the chief executive must—\nas soon as practicable tell the excluded person and relevant principal—\nabout the chief executive’s decision; and\nif the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and\nwithin 7 days after telling the excluded person about the chief executive’s decision, give notice of the chief executive’s decision and the reasons for the chief executive’s decision to—\nthe excluded person; and\nthe relevant principal.\nIf the exclusion decision was made under section 309 (5) , after the chief executive has decided to confirm, amend or set aside the exclusion decision, the chief executive must—\nas soon as practicable tell the excluded person—\nabout the chief executive’s decision; and\nif the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and\nwithin 7 days after telling the excluded person about the chief executive’s decision, give the person notice of the chief executive’s decision and the reasons for the chief executive’s decision.\nIf the exclusion decision was made under section 291 , 298 or 309 (5) and was not made by the chief executive personally, the chief executive must ensure the submission is not dealt with under this section by—\nthe person who made the exclusion decision; or\na person in a less senior office than the person who made the exclusion decision.\nIn this section—\nrelevant principal means the principal of the State school at which the excluded person was enrolled immediately before the exclusion started.\ns 313 amd 2010 No. 50 s 18 ; 2013 No. 59 s 18\n(sec.313-ssec.1) If a submission is made to the chief executive, the chief executive must, within 40 school days after receiving the submission, consider the exclusion decision and the submission and— confirm the exclusion decision; or amend the exclusion decision; or set aside the exclusion decision and make a new decision in substitution of the exclusion decision.\n(sec.313-ssec.2) If the exclusion decision was made under section 291 or 298 , after the chief executive has decided to confirm, amend or set aside the exclusion decision, the chief executive must— as soon as practicable tell the excluded person and relevant principal— about the chief executive’s decision; and if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and within 7 days after telling the excluded person about the chief executive’s decision, give notice of the chief executive’s decision and the reasons for the chief executive’s decision to— the excluded person; and the relevant principal.\n(sec.313-ssec.3) If the exclusion decision was made under section 309 (5) , after the chief executive has decided to confirm, amend or set aside the exclusion decision, the chief executive must— as soon as practicable tell the excluded person— about the chief executive’s decision; and if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and within 7 days after telling the excluded person about the chief executive’s decision, give the person notice of the chief executive’s decision and the reasons for the chief executive’s decision.\n(sec.313-ssec.4) If the exclusion decision was made under section 291 , 298 or 309 (5) and was not made by the chief executive personally, the chief executive must ensure the submission is not dealt with under this section by— the person who made the exclusion decision; or a person in a less senior office than the person who made the exclusion decision.\n(sec.313-ssec.5) In this section— relevant principal means the principal of the State school at which the excluded person was enrolled immediately before the exclusion started.\n- (a) confirm the exclusion decision; or\n- (b) amend the exclusion decision; or\n- (c) set aside the exclusion decision and make a new decision in substitution of the exclusion decision.\n- (a) as soon as practicable tell the excluded person and relevant principal— (i) about the chief executive’s decision; and (ii) if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and\n- (i) about the chief executive’s decision; and\n- (ii) if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and\n- (b) within 7 days after telling the excluded person about the chief executive’s decision, give notice of the chief executive’s decision and the reasons for the chief executive’s decision to— (i) the excluded person; and (ii) the relevant principal.\n- (i) the excluded person; and\n- (ii) the relevant principal.\n- (i) about the chief executive’s decision; and\n- (ii) if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and\n- (i) the excluded person; and\n- (ii) the relevant principal.\n- (a) as soon as practicable tell the excluded person— (i) about the chief executive’s decision; and (ii) if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and\n- (i) about the chief executive’s decision; and\n- (ii) if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and\n- (b) within 7 days after telling the excluded person about the chief executive’s decision, give the person notice of the chief executive’s decision and the reasons for the chief executive’s decision.\n- (i) about the chief executive’s decision; and\n- (ii) if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and\n- (a) the person who made the exclusion decision; or\n- (b) a person in a less senior office than the person who made the exclusion decision.","sortOrder":457},{"sectionNumber":"sec.314","sectionType":"section","heading":null,"content":"### Section sec.314\n\ns 314 amd 2010 No. 50 s 19\nom 2012 No. 35 s 10","sortOrder":458},{"sectionNumber":"ch.12-pt.3-div.7","sectionType":"division","heading":"Periodic review of certain decisions to exclude permanently","content":"## Periodic review of certain decisions to exclude permanently","sortOrder":459},{"sectionNumber":"sec.315","sectionType":"section","heading":"Periodic review of decision to exclude permanently on ground mentioned in s 292 or 299 —person under 24 years","content":"### sec.315 Periodic review of decision to exclude permanently on ground mentioned in s 292 or 299 —person under 24 years\n\nThis section applies to a person under 24 years who is excluded permanently—\nfrom a State school at which the person was enrolled immediately before the exclusion on a ground mentioned in section 292 ; or\nfrom certain State schools on a ground mentioned in section 299 ; or\nfrom all State schools on a ground mentioned in section 299 .\nIn each calendar year after the exclusion, the person may make a written submission to the chief executive about whether the exclusion should be revoked.\nThe person may only make 1 written submission in each calendar year until the end of the calendar year that the person turns 24.\nThe chief executive must, within 40 school days after any submission is made under subsection (2) , consider the submission and—\ndecide whether to revoke the exclusion; and\ngive notice of the decision and the reasons for the decision to—\nthe person; and\nthe principal of the State school at which the person was enrolled immediately before the exclusion started.\nThe chief executive must revoke the exclusion to the extent it applies to a State school if the chief executive is reasonably satisfied—\nif the person was excluded on a ground mentioned in section 292 (1) (a) , (b) , (c) or (d) , or section 299 (1) (a) , (b) , (c) or (d) —the disobedience, misbehaviour or other conduct is unlikely to recur if the student were allowed to attend the school or schools; or\nif the person was excluded on a ground mentioned in section 292 (1) (e) or 299 (1) (e) —the student’s attendance at the school or schools no longer poses an unacceptable risk to the safety or wellbeing of other students or of staff; or\nif the person was excluded on a ground mentioned in section 292 (2) or 299 (2) —it would no longer not be in the best interests of other students or of staff for the student to be enrolled at the school or schools.\nOtherwise, the chief executive must not revoke the exclusion.\nIn this section—\nrevoke , an exclusion, means—\nrevoke the exclusion entirely; or\namend the exclusion so it no longer applies to a particular State school.\ns 315 amd 2010 No. 50 s 20 ; 2012 No. 35 s 11 ; 2013 No. 37 s 14 ; 2013 No. 59 s 19\n(sec.315-ssec.1) This section applies to a person under 24 years who is excluded permanently— from a State school at which the person was enrolled immediately before the exclusion on a ground mentioned in section 292 ; or from certain State schools on a ground mentioned in section 299 ; or from all State schools on a ground mentioned in section 299 .\n(sec.315-ssec.2) In each calendar year after the exclusion, the person may make a written submission to the chief executive about whether the exclusion should be revoked.\n(sec.315-ssec.3) The person may only make 1 written submission in each calendar year until the end of the calendar year that the person turns 24.\n(sec.315-ssec.4) The chief executive must, within 40 school days after any submission is made under subsection (2) , consider the submission and— decide whether to revoke the exclusion; and give notice of the decision and the reasons for the decision to— the person; and the principal of the State school at which the person was enrolled immediately before the exclusion started.\n(sec.315-ssec.5) The chief executive must revoke the exclusion to the extent it applies to a State school if the chief executive is reasonably satisfied— if the person was excluded on a ground mentioned in section 292 (1) (a) , (b) , (c) or (d) , or section 299 (1) (a) , (b) , (c) or (d) —the disobedience, misbehaviour or other conduct is unlikely to recur if the student were allowed to attend the school or schools; or if the person was excluded on a ground mentioned in section 292 (1) (e) or 299 (1) (e) —the student’s attendance at the school or schools no longer poses an unacceptable risk to the safety or wellbeing of other students or of staff; or if the person was excluded on a ground mentioned in section 292 (2) or 299 (2) —it would no longer not be in the best interests of other students or of staff for the student to be enrolled at the school or schools.\n(sec.315-ssec.6) Otherwise, the chief executive must not revoke the exclusion.\n(sec.315-ssec.7) In this section— revoke , an exclusion, means— revoke the exclusion entirely; or amend the exclusion so it no longer applies to a particular State school.\n- (a) from a State school at which the person was enrolled immediately before the exclusion on a ground mentioned in section 292 ; or\n- (b) from certain State schools on a ground mentioned in section 299 ; or\n- (c) from all State schools on a ground mentioned in section 299 .\n- (a) decide whether to revoke the exclusion; and\n- (b) give notice of the decision and the reasons for the decision to— (i) the person; and (ii) the principal of the State school at which the person was enrolled immediately before the exclusion started.\n- (i) the person; and\n- (ii) the principal of the State school at which the person was enrolled immediately before the exclusion started.\n- (i) the person; and\n- (ii) the principal of the State school at which the person was enrolled immediately before the exclusion started.\n- (a) if the person was excluded on a ground mentioned in section 292 (1) (a) , (b) , (c) or (d) , or section 299 (1) (a) , (b) , (c) or (d) —the disobedience, misbehaviour or other conduct is unlikely to recur if the student were allowed to attend the school or schools; or\n- (b) if the person was excluded on a ground mentioned in section 292 (1) (e) or 299 (1) (e) —the student’s attendance at the school or schools no longer poses an unacceptable risk to the safety or wellbeing of other students or of staff; or\n- (c) if the person was excluded on a ground mentioned in section 292 (2) or 299 (2) —it would no longer not be in the best interests of other students or of staff for the student to be enrolled at the school or schools.\n- (a) revoke the exclusion entirely; or\n- (b) amend the exclusion so it no longer applies to a particular State school.","sortOrder":460},{"sectionNumber":"ch.12-pt.3-div.8","sectionType":"division","heading":"Cancellation of enrolment of students who are older than compulsory school age","content":"## Cancellation of enrolment of students who are older than compulsory school age","sortOrder":461},{"sectionNumber":"sec.316","sectionType":"section","heading":"Principal’s power to cancel enrolment","content":"### sec.316 Principal’s power to cancel enrolment\n\nThe principal of a State school at which a student who is older than compulsory school age is enrolled may, under this division, cancel the enrolment if the principal is reasonably satisfied the ground mentioned in section 317 exists.\nThe enrolment of a student of compulsory school age can not be cancelled under this division.\ns 316 sub 2013 No. 59 s 20\n(sec.316-ssec.1) The principal of a State school at which a student who is older than compulsory school age is enrolled may, under this division, cancel the enrolment if the principal is reasonably satisfied the ground mentioned in section 317 exists.\n(sec.316-ssec.2) The enrolment of a student of compulsory school age can not be cancelled under this division.","sortOrder":462},{"sectionNumber":"sec.317","sectionType":"section","heading":"Ground for cancellation","content":"### sec.317 Ground for cancellation\n\nFor section 316 (1) , the ground for cancellation is that the student’s behaviour amounts to a refusal to participate in the educational program provided at the school.\ns 317 sub 2013 No. 59 s 20","sortOrder":463},{"sectionNumber":"sec.318","sectionType":"section","heading":"Notice of cancellation","content":"### sec.318 Notice of cancellation\n\nThis section applies if the principal of a State school cancels the enrolment of a student under section 316 (1) .\nThe principal must give the student a notice in the approved form about the cancellation stating—\nan application for the enrolment of the student at the school can not be made for a stated period of not more than 12 months after the giving of the notice; and\nthe student may make a written submission against the cancellation to the chief executive.\nIf the student receives a notice under subsection (2) , an application for the enrolment of the student at the school can not be made during the period stated in the notice under subsection (2) (a) .\ns 318 sub 2013 No. 59 s 20\n(sec.318-ssec.1) This section applies if the principal of a State school cancels the enrolment of a student under section 316 (1) .\n(sec.318-ssec.2) The principal must give the student a notice in the approved form about the cancellation stating— an application for the enrolment of the student at the school can not be made for a stated period of not more than 12 months after the giving of the notice; and the student may make a written submission against the cancellation to the chief executive.\n(sec.318-ssec.3) If the student receives a notice under subsection (2) , an application for the enrolment of the student at the school can not be made during the period stated in the notice under subsection (2) (a) .\n- (a) an application for the enrolment of the student at the school can not be made for a stated period of not more than 12 months after the giving of the notice; and\n- (b) the student may make a written submission against the cancellation to the chief executive.","sortOrder":464},{"sectionNumber":"sec.319","sectionType":"section","heading":"Submission against cancellation","content":"### sec.319 Submission against cancellation\n\nThis section applies if the principal of a State school cancels the enrolment of a student under section 316 (1) .\nThe student may make a written submission against the cancellation.\nSee also section 331 (Parent may also make submission, representation or application).\nThe submission must be made to the chief executive and state fully the grounds for the submission and the facts relied on.\ns 319 sub 2013 No. 59 s 20\n(sec.319-ssec.1) This section applies if the principal of a State school cancels the enrolment of a student under section 316 (1) .\n(sec.319-ssec.2) The student may make a written submission against the cancellation. See also section 331 (Parent may also make submission, representation or application).\n(sec.319-ssec.3) The submission must be made to the chief executive and state fully the grounds for the submission and the facts relied on.","sortOrder":465},{"sectionNumber":"sec.320","sectionType":"section","heading":"Dealing with submission against cancellation","content":"### sec.320 Dealing with submission against cancellation\n\nIf a submission is made to the chief executive under section 319 (2) , the chief executive must, as soon as practicable after receiving it, review the principal’s decision to cancel the enrolment and—\nconfirm the decision; or\nvary the decision; or\nset aside the decision and substitute another decision.\nAs soon as practicable after making the decision under subsection (1) , the chief executive must tell the student and the principal—\nabout the decision; and\nif the decision allows the student to make an application for enrolment at the school earlier than if the principal’s decision had been confirmed—when the student may make the application.\nAs soon as practicable after telling the student and the principal, the chief executive must give each of them a notice in the approved form about the decision.\ns 320 sub 2013 No. 59 s 20\n(sec.320-ssec.1) If a submission is made to the chief executive under section 319 (2) , the chief executive must, as soon as practicable after receiving it, review the principal’s decision to cancel the enrolment and— confirm the decision; or vary the decision; or set aside the decision and substitute another decision.\n(sec.320-ssec.2) As soon as practicable after making the decision under subsection (1) , the chief executive must tell the student and the principal— about the decision; and if the decision allows the student to make an application for enrolment at the school earlier than if the principal’s decision had been confirmed—when the student may make the application.\n(sec.320-ssec.3) As soon as practicable after telling the student and the principal, the chief executive must give each of them a notice in the approved form about the decision.\n- (a) confirm the decision; or\n- (b) vary the decision; or\n- (c) set aside the decision and substitute another decision.\n- (a) about the decision; and\n- (b) if the decision allows the student to make an application for enrolment at the school earlier than if the principal’s decision had been confirmed—when the student may make the application.","sortOrder":466},{"sectionNumber":"sec.321","sectionType":"section","heading":null,"content":"### Section sec.321\n\ns 321 om 2013 No. 59 s 20","sortOrder":467},{"sectionNumber":"sec.322","sectionType":"section","heading":null,"content":"### Section sec.322\n\ns 322 om 2013 No. 59 s 20","sortOrder":468},{"sectionNumber":"sec.323","sectionType":"section","heading":null,"content":"### Section sec.323\n\ns 323 om 2013 No. 59 s 20","sortOrder":469},{"sectionNumber":"sec.324","sectionType":"section","heading":null,"content":"### Section sec.324\n\ns 324 amd 2010 No. 50 s 21\nom 2013 No. 59 s 20","sortOrder":470},{"sectionNumber":"sec.325","sectionType":"section","heading":null,"content":"### Section sec.325\n\ns 325 om 2013 No. 59 s 20","sortOrder":471},{"sectionNumber":"sec.326","sectionType":"section","heading":null,"content":"### Section sec.326\n\ns 326 om 2013 No. 59 s 20","sortOrder":472},{"sectionNumber":"sec.327","sectionType":"section","heading":null,"content":"### Section sec.327\n\ns 327 om 2013 No. 59 s 20","sortOrder":473},{"sectionNumber":"ch.12-pt.3-div.9","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":474},{"sectionNumber":"sec.328","sectionType":"section","heading":"Definitions for div 9","content":"### sec.328 Definitions for div 9\n\nIn this division—\nparent , of a child, includes a person standing in the place of a parent of the child on a temporary basis.\nstudent includes—\nan excluded person; or\na person whose enrolment at a State school has been cancelled under division 8 .\ns 328 def student amd 2013 No. 59 s 21\n- (a) an excluded person; or\n- (b) a person whose enrolment at a State school has been cancelled under division 8 .","sortOrder":475},{"sectionNumber":"sec.329","sectionType":"section","heading":"No entitlement to enrolment at another State school during suspension","content":"### sec.329 No entitlement to enrolment at another State school during suspension\n\nA student suspended from a State school under this part is not entitled to be enrolled at another State school during the period of the suspension unless the enrolment is approved by the chief executive.\ns 329 amd 2013 No. 59 s 22","sortOrder":476},{"sectionNumber":"sec.330","sectionType":"section","heading":"Copy of notices under this part to be given to parent","content":"### sec.330 Copy of notices under this part to be given to parent\n\nIf a person is required, under this part, to give a notice to a student and the student is a child, the person must as soon as practicable give a copy of the notice to a parent of the student.\nFor giving a copy of the notice to a parent of the student, the person may rely on the relevant State school’s records about the student’s parents and their current residential address.\nSubsection (1) does not apply if the person is satisfied it would be inappropriate in the circumstances to give a copy of the notice to the parent.\nIt may be inappropriate to give the parent a copy of the notice if the student is living independently of his or her parents.\n(sec.330-ssec.1) If a person is required, under this part, to give a notice to a student and the student is a child, the person must as soon as practicable give a copy of the notice to a parent of the student.\n(sec.330-ssec.2) For giving a copy of the notice to a parent of the student, the person may rely on the relevant State school’s records about the student’s parents and their current residential address.\n(sec.330-ssec.3) Subsection (1) does not apply if the person is satisfied it would be inappropriate in the circumstances to give a copy of the notice to the parent. It may be inappropriate to give the parent a copy of the notice if the student is living independently of his or her parents.","sortOrder":477},{"sectionNumber":"sec.331","sectionType":"section","heading":"Parent may also make submission, representation or application","content":"### sec.331 Parent may also make submission, representation or application\n\nThis section applies if—\nunder a provision of this part, a student or prospective student may make a submission, representations or an application in relation to any of the following—\na suspension under section 283 (1) (b) or (c) ;\nan exclusion under section 295 (3) or 302 (3) ;\na proposed exclusion under section 306 ;\nan exclusion under section 309 ;\na cancellation of enrolment under section 316 ; and\nthe student or prospective student is a child.\nA submission, representations or an application may also be made under the provision in relation to the student by a parent of the student or prospective student.\ns 331 amd 2010 No. 50 s 22 ; 2013 No. 59 s 23\n(sec.331-ssec.1) This section applies if— under a provision of this part, a student or prospective student may make a submission, representations or an application in relation to any of the following— a suspension under section 283 (1) (b) or (c) ; an exclusion under section 295 (3) or 302 (3) ; a proposed exclusion under section 306 ; an exclusion under section 309 ; a cancellation of enrolment under section 316 ; and the student or prospective student is a child.\n(sec.331-ssec.2) A submission, representations or an application may also be made under the provision in relation to the student by a parent of the student or prospective student.\n- (a) under a provision of this part, a student or prospective student may make a submission, representations or an application in relation to any of the following— (i) a suspension under section 283 (1) (b) or (c) ; (ii) an exclusion under section 295 (3) or 302 (3) ; (iii) a proposed exclusion under section 306 ; (iv) an exclusion under section 309 ; (v) a cancellation of enrolment under section 316 ; and\n- (i) a suspension under section 283 (1) (b) or (c) ;\n- (ii) an exclusion under section 295 (3) or 302 (3) ;\n- (iii) a proposed exclusion under section 306 ;\n- (iv) an exclusion under section 309 ;\n- (v) a cancellation of enrolment under section 316 ; and\n- (b) the student or prospective student is a child.\n- (i) a suspension under section 283 (1) (b) or (c) ;\n- (ii) an exclusion under section 295 (3) or 302 (3) ;\n- (iii) a proposed exclusion under section 306 ;\n- (iv) an exclusion under section 309 ;\n- (v) a cancellation of enrolment under section 316 ; and","sortOrder":478},{"sectionNumber":"sec.332","sectionType":"section","heading":"When decisions take effect","content":"### sec.332 When decisions take effect\n\nNotice of a decision under this part about a student must be given to the student under the section under which the decision is made.\nA decision takes effect—\nif the student must be told about the decision—on the day the student is told about the decision; or\notherwise—on the day the student is given notice of the decision or a later day stated in the notice.\ns 332 amd 2013 No. 59 s 24\n(sec.332-ssec.1) Notice of a decision under this part about a student must be given to the student under the section under which the decision is made.\n(sec.332-ssec.2) A decision takes effect— if the student must be told about the decision—on the day the student is told about the decision; or otherwise—on the day the student is given notice of the decision or a later day stated in the notice.\n- (a) if the student must be told about the decision—on the day the student is told about the decision; or\n- (b) otherwise—on the day the student is given notice of the decision or a later day stated in the notice.","sortOrder":479},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":"Wilful disturbance and trespass at State educational institutions","content":"# Wilful disturbance and trespass at State educational institutions","sortOrder":480},{"sectionNumber":"sec.333","sectionType":"section","heading":"Wilful disturbance","content":"### sec.333 Wilful disturbance\n\nA person must not wilfully disturb the good order or management of a State educational institution.\nMaximum penalty—20 penalty units.\nA person must not insult a staff member of a State educational institution in the presence or hearing of a student of the institution, who is, at the time in question—\nin or about the institution; or\nassembled with others for educational purposes at or in any place.\nMaximum penalty—20 penalty units.\nSubsections (1) and (2) do not apply to a person who was, at the time in question, a student of the State educational institution.\nIn this section—\ninsult includes abuse.\n(sec.333-ssec.1) A person must not wilfully disturb the good order or management of a State educational institution. Maximum penalty—20 penalty units.\n(sec.333-ssec.2) A person must not insult a staff member of a State educational institution in the presence or hearing of a student of the institution, who is, at the time in question— in or about the institution; or assembled with others for educational purposes at or in any place. Maximum penalty—20 penalty units.\n(sec.333-ssec.3) Subsections (1) and (2) do not apply to a person who was, at the time in question, a student of the State educational institution.\n(sec.333-ssec.4) In this section— insult includes abuse.\n- (a) in or about the institution; or\n- (b) assembled with others for educational purposes at or in any place.","sortOrder":481},{"sectionNumber":"sec.334","sectionType":"section","heading":"Trespass","content":"### sec.334 Trespass\n\nA person must not be on the premises of a State educational institution unless the person has lawful authority or a reasonable excuse for being on the premises.\nMaximum penalty—20 penalty units.","sortOrder":482},{"sectionNumber":"ch.12-pt.5","sectionType":"part","heading":"Directions and orders about conduct or movement at, or entry to, premises of State instructional institutions","content":"# Directions and orders about conduct or movement at, or entry to, premises of State instructional institutions","sortOrder":483},{"sectionNumber":"ch.12-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":484},{"sectionNumber":"sec.335","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.335 Definitions for pt 5\n\nIn this part—\nemployee , of the department, means—\nan employee of, or a contractor for, the department; or\nan employee, or subcontractor, of a contractor mentioned in paragraph (a) .\nexempt person , for a State instructional institution, means—\na student of the institution; or\na kindergarten age child registered in a kindergarten learning program at the institution; or\na person with a disability who—\nunder section 420 (2) , is being provided with special education at the institution; and\nis not enrolled in the preparatory year at the institution; or\nan employee of the department engaged to perform work at the institution’s premises.\ns 335 amd 2009 No. 40 s 9; 2013 No. 37 s 19 sch 1 ; 2018 No. 1 s 150 sch 2\n- (a) an employee of, or a contractor for, the department; or\n- (b) an employee, or subcontractor, of a contractor mentioned in paragraph (a) .\n- (a) a student of the institution; or\n- (b) a kindergarten age child registered in a kindergarten learning program at the institution; or\n- (c) a person with a disability who— (i) under section 420 (2) , is being provided with special education at the institution; and (ii) is not enrolled in the preparatory year at the institution; or\n- (i) under section 420 (2) , is being provided with special education at the institution; and\n- (ii) is not enrolled in the preparatory year at the institution; or\n- (d) an employee of the department engaged to perform work at the institution’s premises.\n- (i) under section 420 (2) , is being provided with special education at the institution; and\n- (ii) is not enrolled in the preparatory year at the institution; or","sortOrder":485},{"sectionNumber":"ch.12-pt.5-div.2","sectionType":"division","heading":"Powers relating to name and address","content":"## Powers relating to name and address","sortOrder":486},{"sectionNumber":"sec.336","sectionType":"section","heading":"Person may be required to state name and address","content":"### sec.336 Person may be required to state name and address\n\nIf a State instructional institution’s principal proposes to give a direction under section 337 or 339 to a person at the institution’s premises, the principal may require the person to state the person’s name and residential address.\nWhen making the requirement under subsection (1) , the principal must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe principal may require the person to give evidence of the correctness of the person’s stated name or residential address if the principal reasonably suspects the stated name or address is false.\nA person must comply with a requirement made of the person under subsection (1) or (3) , unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —10 penalty units.\n(sec.336-ssec.1) If a State instructional institution’s principal proposes to give a direction under section 337 or 339 to a person at the institution’s premises, the principal may require the person to state the person’s name and residential address.\n(sec.336-ssec.2) When making the requirement under subsection (1) , the principal must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.336-ssec.3) The principal may require the person to give evidence of the correctness of the person’s stated name or residential address if the principal reasonably suspects the stated name or address is false.\n(sec.336-ssec.4) A person must comply with a requirement made of the person under subsection (1) or (3) , unless the person has a reasonable excuse. Maximum penalty for subsection (4) —10 penalty units.","sortOrder":487},{"sectionNumber":"ch.12-pt.5-div.3","sectionType":"division","heading":"Directions about conduct or movement at premises of State instructional institutions","content":"## Directions about conduct or movement at premises of State instructional institutions","sortOrder":488},{"sectionNumber":"sec.337","sectionType":"section","heading":"Direction about conduct or movement","content":"### sec.337 Direction about conduct or movement\n\nA State instructional institution’s principal may give a person (the directed person ) a written direction about the directed person’s conduct or movement at the institution’s premises for up to 30 days after the day on which the direction is given if the principal is reasonably satisfied it is necessary to give the direction—\nto ensure the safety or wellbeing of other persons lawfully at the premises; or\nto prevent or minimise damage to the premises or to property at the premises; or\nto maintain good order at the premises; or\nfor the proper management of the institution.\nA direction under subsection (1) may not be given to an exempt person for the institution.\nThe direction must state—\nthe terms of the direction; and\nthe ground for the direction; and\nan outline of the facts and circumstances forming the basis for the ground; and\nthe time the direction is to remain in force; and\nthat the directed person may apply to have the direction reviewed by the chief executive—\nwithin 7 days after the directed person is given the direction; or\nif the direction is for less than 7 days—before the direction ends; and\nhow the directed person may apply to have the direction reviewed.\nThe direction has no effect until the principal gives it to the directed person.\nThe directed person must comply with the direction, unless the directed person has a reasonable excuse.\nMaximum penalty for subsection (5) —20 penalty units.\ns 337 amd 2014 No. 62 s 105\n(sec.337-ssec.1) A State instructional institution’s principal may give a person (the directed person ) a written direction about the directed person’s conduct or movement at the institution’s premises for up to 30 days after the day on which the direction is given if the principal is reasonably satisfied it is necessary to give the direction— to ensure the safety or wellbeing of other persons lawfully at the premises; or to prevent or minimise damage to the premises or to property at the premises; or to maintain good order at the premises; or for the proper management of the institution.\n(sec.337-ssec.2) A direction under subsection (1) may not be given to an exempt person for the institution.\n(sec.337-ssec.3) The direction must state— the terms of the direction; and the ground for the direction; and an outline of the facts and circumstances forming the basis for the ground; and the time the direction is to remain in force; and that the directed person may apply to have the direction reviewed by the chief executive— within 7 days after the directed person is given the direction; or if the direction is for less than 7 days—before the direction ends; and how the directed person may apply to have the direction reviewed.\n(sec.337-ssec.4) The direction has no effect until the principal gives it to the directed person.\n(sec.337-ssec.5) The directed person must comply with the direction, unless the directed person has a reasonable excuse. Maximum penalty for subsection (5) —20 penalty units.\n- (a) to ensure the safety or wellbeing of other persons lawfully at the premises; or\n- (b) to prevent or minimise damage to the premises or to property at the premises; or\n- (c) to maintain good order at the premises; or\n- (d) for the proper management of the institution.\n- (a) the terms of the direction; and\n- (b) the ground for the direction; and\n- (c) an outline of the facts and circumstances forming the basis for the ground; and\n- (d) the time the direction is to remain in force; and\n- (e) that the directed person may apply to have the direction reviewed by the chief executive— (i) within 7 days after the directed person is given the direction; or (ii) if the direction is for less than 7 days—before the direction ends; and\n- (i) within 7 days after the directed person is given the direction; or\n- (ii) if the direction is for less than 7 days—before the direction ends; and\n- (f) how the directed person may apply to have the direction reviewed.\n- (i) within 7 days after the directed person is given the direction; or\n- (ii) if the direction is for less than 7 days—before the direction ends; and","sortOrder":489},{"sectionNumber":"sec.338","sectionType":"section","heading":"Review of direction under s 337","content":"### sec.338 Review of direction under s 337\n\nThis section applies if a person is given a direction under section 337 by a State instructional institution’s principal.\nThe person may apply in writing to the chief executive for a review of the direction, but only—\nwithin 7 days after the person is given the direction; or\nif the direction is for less than 7 days—before the direction ends.\nThe application must—\nstate in detail the grounds on which the person wants the direction to be reviewed; and\nstate the person’s residential address.\nAfter considering the grounds, the chief executive must make a decision (the review decision ) to—\nconfirm the direction; or\nvary the direction; or\ncancel the direction.\nThe chief executive must—\nmake the review decision within 5 business days after the application is made; and\nas soon as practicable after the decision is made—\ntell the person and the institution’s principal about the decision; and\ngive the person written notice of the decision.\nIf the chief executive does not tell the person about the review decision under subsection (5) (b) (i) within 5 business days after the application is made, the review decision is taken to be that the direction is cancelled.\ns 338 amd 2014 No. 62 s 106 ; 2018 No. 1 s 128\n(sec.338-ssec.1) This section applies if a person is given a direction under section 337 by a State instructional institution’s principal.\n(sec.338-ssec.2) The person may apply in writing to the chief executive for a review of the direction, but only— within 7 days after the person is given the direction; or if the direction is for less than 7 days—before the direction ends.\n(sec.338-ssec.3) The application must— state in detail the grounds on which the person wants the direction to be reviewed; and state the person’s residential address.\n(sec.338-ssec.4) After considering the grounds, the chief executive must make a decision (the review decision ) to— confirm the direction; or vary the direction; or cancel the direction.\n(sec.338-ssec.5) The chief executive must— make the review decision within 5 business days after the application is made; and as soon as practicable after the decision is made— tell the person and the institution’s principal about the decision; and give the person written notice of the decision.\n(sec.338-ssec.6) If the chief executive does not tell the person about the review decision under subsection (5) (b) (i) within 5 business days after the application is made, the review decision is taken to be that the direction is cancelled.\n- (a) within 7 days after the person is given the direction; or\n- (b) if the direction is for less than 7 days—before the direction ends.\n- (a) state in detail the grounds on which the person wants the direction to be reviewed; and\n- (b) state the person’s residential address.\n- (a) confirm the direction; or\n- (b) vary the direction; or\n- (c) cancel the direction.\n- (a) make the review decision within 5 business days after the application is made; and\n- (b) as soon as practicable after the decision is made— (i) tell the person and the institution’s principal about the decision; and (ii) give the person written notice of the decision.\n- (i) tell the person and the institution’s principal about the decision; and\n- (ii) give the person written notice of the decision.\n- (i) tell the person and the institution’s principal about the decision; and\n- (ii) give the person written notice of the decision.","sortOrder":490},{"sectionNumber":"ch.12-pt.5-div.4","sectionType":"division","heading":"Directions to leave and not re-enter premises of State instructional institutions for 24 hours","content":"## Directions to leave and not re-enter premises of State instructional institutions for 24 hours","sortOrder":491},{"sectionNumber":"sec.339","sectionType":"section","heading":"Direction to leave and not re-enter","content":"### sec.339 Direction to leave and not re-enter\n\nA State instructional institution’s principal may give a person (the prohibited person ) an oral direction requiring the prohibited person to immediately leave and not re-enter the institution’s premises for 24 hours after the time of the direction if the principal reasonably suspects the prohibited person—\nhas committed, or is about to commit, an offence at the premises; or\nhas used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or\nhas engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or\nhas otherwise disrupted, or is about to disrupt, good order at the premises; or\ndoes not have a good and lawful reason to be at the premises.\nA direction under subsection (1) may not be given to an exempt person for the institution.\nThe direction must include—\nthe terms of the direction; and\nthe ground for the direction; and\nthe time during which the prohibited person may not re-enter the premises.\nThe prohibited person must immediately comply with the direction, unless the prohibited person has a reasonable excuse.\nMaximum penalty for subsection (4) —20 penalty units.\ns 339 amd 2014 No. 62 s 107\n(sec.339-ssec.1) A State instructional institution’s principal may give a person (the prohibited person ) an oral direction requiring the prohibited person to immediately leave and not re-enter the institution’s premises for 24 hours after the time of the direction if the principal reasonably suspects the prohibited person— has committed, or is about to commit, an offence at the premises; or has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or has otherwise disrupted, or is about to disrupt, good order at the premises; or does not have a good and lawful reason to be at the premises.\n(sec.339-ssec.2) A direction under subsection (1) may not be given to an exempt person for the institution.\n(sec.339-ssec.3) The direction must include— the terms of the direction; and the ground for the direction; and the time during which the prohibited person may not re-enter the premises.\n(sec.339-ssec.4) The prohibited person must immediately comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (4) —20 penalty units.\n- (a) has committed, or is about to commit, an offence at the premises; or\n- (b) has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or\n- (c) has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or\n- (d) has otherwise disrupted, or is about to disrupt, good order at the premises; or\n- (e) does not have a good and lawful reason to be at the premises.\n- (a) the terms of the direction; and\n- (b) the ground for the direction; and\n- (c) the time during which the prohibited person may not re-enter the premises.","sortOrder":492},{"sectionNumber":"ch.12-pt.5-div.5","sectionType":"division","heading":"Prohibition from entering premises of State instructional institutions for up to 60 days","content":"## Prohibition from entering premises of State instructional institutions for up to 60 days","sortOrder":493},{"sectionNumber":"sec.340","sectionType":"section","heading":"Prohibition from entering premises","content":"### sec.340 Prohibition from entering premises\n\nA State instructional institution’s principal may give a person (the prohibited person ) a written direction requiring the prohibited person not to enter the premises of the institution for up to 60 days after the day on which the direction is given if the principal is reasonably satisfied that, unless the direction is given, the prohibited person is likely—\nto cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or\nto damage the premises or property at the premises; or\nto disrupt the good order or management of the institution.\nA direction under subsection (1) may not be given to an exempt person for the institution.\nThe direction must state—\nthe terms of the direction; and\nthe ground for the direction; and\nan outline of the facts and circumstances forming the basis for the ground; and\nthe time the direction is to remain in force.\nThe direction must be accompanied by an information notice about the principal’s decision to give the direction.\nThe direction has no effect until the principal gives it to the prohibited person.\nThe prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse.\nMaximum penalty for subsection (6) —30 penalty units.\ns 340 amd 2009 No. 24 s 141 ; 2014 No. 62 s 108\n(sec.340-ssec.1) A State instructional institution’s principal may give a person (the prohibited person ) a written direction requiring the prohibited person not to enter the premises of the institution for up to 60 days after the day on which the direction is given if the principal is reasonably satisfied that, unless the direction is given, the prohibited person is likely— to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or to damage the premises or property at the premises; or to disrupt the good order or management of the institution.\n(sec.340-ssec.2) A direction under subsection (1) may not be given to an exempt person for the institution.\n(sec.340-ssec.3) The direction must state— the terms of the direction; and the ground for the direction; and an outline of the facts and circumstances forming the basis for the ground; and the time the direction is to remain in force.\n(sec.340-ssec.4) The direction must be accompanied by an information notice about the principal’s decision to give the direction.\n(sec.340-ssec.5) The direction has no effect until the principal gives it to the prohibited person.\n(sec.340-ssec.6) The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (6) —30 penalty units.\n- (a) to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or\n- (b) to damage the premises or property at the premises; or\n- (c) to disrupt the good order or management of the institution.\n- (a) the terms of the direction; and\n- (b) the ground for the direction; and\n- (c) an outline of the facts and circumstances forming the basis for the ground; and\n- (d) the time the direction is to remain in force.","sortOrder":494},{"sectionNumber":"sec.340A","sectionType":"section","heading":"Chief executive may prohibit person from entering premises","content":"### sec.340A Chief executive may prohibit person from entering premises\n\nThis section applies if a State instructional institution’s principal, or the chief executive, reasonably believes it would be appropriate for the chief executive to exercise the power to give a person a written direction mentioned in section 340 .\nIt would be appropriate for the chief executive to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.\nThe chief executive may exercise the power.\nSection 340 applies as if a reference in that section to the principal were a reference to the chief executive.\ns 340A ins 2014 No. 62 s 109\n(sec.340A-ssec.1) This section applies if a State instructional institution’s principal, or the chief executive, reasonably believes it would be appropriate for the chief executive to exercise the power to give a person a written direction mentioned in section 340 . It would be appropriate for the chief executive to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.\n(sec.340A-ssec.2) The chief executive may exercise the power.\n(sec.340A-ssec.3) Section 340 applies as if a reference in that section to the principal were a reference to the chief executive.","sortOrder":495},{"sectionNumber":"ch.12-pt.5-div.6","sectionType":"division","heading":"Prohibition from entering premises of State instructional institutions for more than 60 days, but not more than 1 year","content":"## Prohibition from entering premises of State instructional institutions for more than 60 days, but not more than 1 year","sortOrder":496},{"sectionNumber":"sec.341","sectionType":"section","heading":"Prohibition from entering premises","content":"### sec.341 Prohibition from entering premises\n\nThe chief executive may give a person (the prohibited person ) a written direction requiring the prohibited person not to enter the premises of a State instructional institution for more than 60 days, but not more than 1 year, after the day on which the direction is given if the chief executive is reasonably satisfied that, unless the direction is given, the prohibited person is likely to—\ncause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or\ndamage the premises or property at the premises; or\ndisrupt the good order or management of the institution.\nA direction under subsection (1) may not be given to an exempt person for the institution.\nThe direction must state—\nthe terms of the direction; and\nthe ground for the direction; and\nan outline of the facts and circumstances forming the basis for the ground; and\nthe time the direction is to remain in force.\nThe direction must state the matters mentioned in section 157 (2) (a) to (e) of the QCAT Act as if a reference in the section to the decision were a reference to the direction.\nThe direction has no effect until the chief executive gives it to the prohibited person.\nThe prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse.\nMaximum penalty for subsection (6) —40 penalty units.\ns 341 amd 2009 No. 24 s 142\nsub 2014 No. 62 s 110\n(sec.341-ssec.1) The chief executive may give a person (the prohibited person ) a written direction requiring the prohibited person not to enter the premises of a State instructional institution for more than 60 days, but not more than 1 year, after the day on which the direction is given if the chief executive is reasonably satisfied that, unless the direction is given, the prohibited person is likely to— cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or damage the premises or property at the premises; or disrupt the good order or management of the institution.\n(sec.341-ssec.2) A direction under subsection (1) may not be given to an exempt person for the institution.\n(sec.341-ssec.3) The direction must state— the terms of the direction; and the ground for the direction; and an outline of the facts and circumstances forming the basis for the ground; and the time the direction is to remain in force.\n(sec.341-ssec.4) The direction must state the matters mentioned in section 157 (2) (a) to (e) of the QCAT Act as if a reference in the section to the decision were a reference to the direction.\n(sec.341-ssec.5) The direction has no effect until the chief executive gives it to the prohibited person.\n(sec.341-ssec.6) The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (6) —40 penalty units.\n- (a) cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or\n- (b) damage the premises or property at the premises; or\n- (c) disrupt the good order or management of the institution.\n- (a) the terms of the direction; and\n- (b) the ground for the direction; and\n- (c) an outline of the facts and circumstances forming the basis for the ground; and\n- (d) the time the direction is to remain in force.","sortOrder":497},{"sectionNumber":"sec.342","sectionType":"section","heading":null,"content":"### Section sec.342\n\ns 342 om 2009 No. 24 s 143","sortOrder":498},{"sectionNumber":"ch.12-pt.6","sectionType":"part","heading":"Directions and orders about conduct or movement at, or entry to, premises of non-State schools","content":"# Directions and orders about conduct or movement at, or entry to, premises of non-State schools","sortOrder":499},{"sectionNumber":"ch.12-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":500},{"sectionNumber":"sec.343","sectionType":"section","heading":"Definitions for pt 6","content":"### sec.343 Definitions for pt 6\n\nIn this part—\nemployee , of a non-State school’s governing body, means—\nan employee of, or a contractor for, the governing body; or\nan employee, or subcontractor, of a contractor mentioned in paragraph (a) .\nexempt person , for a non-State school, means—\na student of the school; or\nan employee of the school’s governing body engaged to perform work at the school’s premises.\nreview body , of a non-State school, see section 343A .\ns 343 def review body ins 2014 No. 62 s 111 (2)\ns 343 amd 2014 No. 62 s 111 (1) (amdt could not be given effect)\n- (a) an employee of, or a contractor for, the governing body; or\n- (b) an employee, or subcontractor, of a contractor mentioned in paragraph (a) .\n- (a) a student of the school; or\n- (b) an employee of the school’s governing body engaged to perform work at the school’s premises.","sortOrder":501},{"sectionNumber":"sec.343A","sectionType":"section","heading":"Meaning of review body","content":"### sec.343A Meaning of review body\n\nIn this part, a review body of a non-State school is—\nif the school’s governing body has nominated a person to conduct a review—the nominee; or\notherwise—the school’s governing body.\nFor subsection (1) (a) , a nominee must not be the school’s principal.\ns 343A ins 2014 No. 62 s 112\n(sec.343A-ssec.1) In this part, a review body of a non-State school is— if the school’s governing body has nominated a person to conduct a review—the nominee; or otherwise—the school’s governing body.\n(sec.343A-ssec.2) For subsection (1) (a) , a nominee must not be the school’s principal.\n- (a) if the school’s governing body has nominated a person to conduct a review—the nominee; or\n- (b) otherwise—the school’s governing body.","sortOrder":502},{"sectionNumber":"ch.12-pt.6-div.2","sectionType":"division","heading":"Powers relating to name and address","content":"## Powers relating to name and address","sortOrder":503},{"sectionNumber":"sec.344","sectionType":"section","heading":"Person may be required to state name and address","content":"### sec.344 Person may be required to state name and address\n\nIf a non-State school’s principal proposes to give a direction under section 346 or 348 to a person at the institution’s premises, the principal may require the person to state the person’s name and residential address.\nWhen making the requirement under subsection (1) , the principal must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe principal may require the person to give evidence of the correctness of the person’s stated name or residential address if the principal reasonably suspects the stated name or address is false.\nA person must comply with a requirement made of the person under subsection (1) or (3) , unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —10 penalty units.\n(sec.344-ssec.1) If a non-State school’s principal proposes to give a direction under section 346 or 348 to a person at the institution’s premises, the principal may require the person to state the person’s name and residential address.\n(sec.344-ssec.2) When making the requirement under subsection (1) , the principal must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.344-ssec.3) The principal may require the person to give evidence of the correctness of the person’s stated name or residential address if the principal reasonably suspects the stated name or address is false.\n(sec.344-ssec.4) A person must comply with a requirement made of the person under subsection (1) or (3) , unless the person has a reasonable excuse. Maximum penalty for subsection (4) —10 penalty units.","sortOrder":504},{"sectionNumber":"sec.345","sectionType":"section","heading":null,"content":"### Section sec.345\n\ns 345 om 2014 No. 62 s 113","sortOrder":505},{"sectionNumber":"ch.12-pt.6-div.3","sectionType":"division","heading":"Directions about conduct or movement at premises of non-State schools","content":"## Directions about conduct or movement at premises of non-State schools","sortOrder":506},{"sectionNumber":"sec.346","sectionType":"section","heading":"Direction about conduct or movement","content":"### sec.346 Direction about conduct or movement\n\nA non-State school’s principal may give a person (the directed person ) a written direction about the directed person’s conduct or movement at the school’s premises for up to 30 days after the day on which the direction is given if the principal is reasonably satisfied it is necessary to give the direction—\nto ensure the safety or wellbeing of other persons lawfully at the premises; or\nto prevent or minimise damage to the premises or to property at the premises; or\nto maintain good order at the premises; or\nfor the proper management of the school.\nA direction under subsection (1) may not be given to an exempt person for the school.\nThe direction must state—\nthe terms of the direction; and\nthe ground for the direction; and\nan outline of the facts and circumstances forming the basis for the ground; and\nthe time the direction is to remain in force; and\nthat the directed person may apply to have the direction reviewed by the school’s review body—\nwithin 7 days after the directed person is given the direction; or\nif the direction is for less than 7 days—before the direction ends; and\nthe name and address of the school’s review body; and\nhow the directed person may apply to have the direction reviewed.\nThe direction has no effect until the principal gives it to the directed person.\nThe directed person must comply with the direction, unless the directed person has a reasonable excuse.\nMaximum penalty for subsection (5) —20 penalty units.\n(sec.346-ssec.1) A non-State school’s principal may give a person (the directed person ) a written direction about the directed person’s conduct or movement at the school’s premises for up to 30 days after the day on which the direction is given if the principal is reasonably satisfied it is necessary to give the direction— to ensure the safety or wellbeing of other persons lawfully at the premises; or to prevent or minimise damage to the premises or to property at the premises; or to maintain good order at the premises; or for the proper management of the school.\n(sec.346-ssec.2) A direction under subsection (1) may not be given to an exempt person for the school.\n(sec.346-ssec.3) The direction must state— the terms of the direction; and the ground for the direction; and an outline of the facts and circumstances forming the basis for the ground; and the time the direction is to remain in force; and that the directed person may apply to have the direction reviewed by the school’s review body— within 7 days after the directed person is given the direction; or if the direction is for less than 7 days—before the direction ends; and the name and address of the school’s review body; and how the directed person may apply to have the direction reviewed.\n(sec.346-ssec.4) The direction has no effect until the principal gives it to the directed person.\n(sec.346-ssec.5) The directed person must comply with the direction, unless the directed person has a reasonable excuse. Maximum penalty for subsection (5) —20 penalty units.\n- (a) to ensure the safety or wellbeing of other persons lawfully at the premises; or\n- (b) to prevent or minimise damage to the premises or to property at the premises; or\n- (c) to maintain good order at the premises; or\n- (d) for the proper management of the school.\n- (a) the terms of the direction; and\n- (b) the ground for the direction; and\n- (c) an outline of the facts and circumstances forming the basis for the ground; and\n- (d) the time the direction is to remain in force; and\n- (e) that the directed person may apply to have the direction reviewed by the school’s review body— (i) within 7 days after the directed person is given the direction; or (ii) if the direction is for less than 7 days—before the direction ends; and\n- (i) within 7 days after the directed person is given the direction; or\n- (ii) if the direction is for less than 7 days—before the direction ends; and\n- (f) the name and address of the school’s review body; and\n- (g) how the directed person may apply to have the direction reviewed.\n- (i) within 7 days after the directed person is given the direction; or\n- (ii) if the direction is for less than 7 days—before the direction ends; and","sortOrder":507},{"sectionNumber":"sec.347","sectionType":"section","heading":"Review of direction under s 346","content":"### sec.347 Review of direction under s 346\n\nThis section applies if a person is given a direction under section 346 by a non-State school’s principal.\nThe person may apply in writing to the school’s review body for a review of the direction, but only—\nwithin 7 days after the person is given the direction; or\nif the direction is for less than 7 days—before the direction ends.\nThe application must—\nstate in detail the grounds on which the person wants the direction to be reviewed; and\nstate the person’s residential address.\nAfter considering the grounds, the review body must make a decision (the review decision ) to—\nconfirm the direction; or\nvary the direction; or\ncancel the direction.\nThe review body must—\nmake the review decision within 5 business days after the application is made; and\nas soon as practicable after the decision is made—\ntell the person and the school’s principal about the decision; and\ngive the person written notice of the decision.\nIf the review body does not tell the person about the review decision under subsection (5) (b) (i) within 5 business days after the application is made, the review decision is taken to be that the direction is cancelled.\ns 347 amd 2014 No. 62 s 114 ; 2018 No. 1 s 129\n(sec.347-ssec.1) This section applies if a person is given a direction under section 346 by a non-State school’s principal.\n(sec.347-ssec.2) The person may apply in writing to the school’s review body for a review of the direction, but only— within 7 days after the person is given the direction; or if the direction is for less than 7 days—before the direction ends.\n(sec.347-ssec.3) The application must— state in detail the grounds on which the person wants the direction to be reviewed; and state the person’s residential address.\n(sec.347-ssec.4) After considering the grounds, the review body must make a decision (the review decision ) to— confirm the direction; or vary the direction; or cancel the direction.\n(sec.347-ssec.5) The review body must— make the review decision within 5 business days after the application is made; and as soon as practicable after the decision is made— tell the person and the school’s principal about the decision; and give the person written notice of the decision.\n(sec.347-ssec.6) If the review body does not tell the person about the review decision under subsection (5) (b) (i) within 5 business days after the application is made, the review decision is taken to be that the direction is cancelled.\n- (a) within 7 days after the person is given the direction; or\n- (b) if the direction is for less than 7 days—before the direction ends.\n- (a) state in detail the grounds on which the person wants the direction to be reviewed; and\n- (b) state the person’s residential address.\n- (a) confirm the direction; or\n- (b) vary the direction; or\n- (c) cancel the direction.\n- (a) make the review decision within 5 business days after the application is made; and\n- (b) as soon as practicable after the decision is made— (i) tell the person and the school’s principal about the decision; and (ii) give the person written notice of the decision.\n- (i) tell the person and the school’s principal about the decision; and\n- (ii) give the person written notice of the decision.\n- (i) tell the person and the school’s principal about the decision; and\n- (ii) give the person written notice of the decision.","sortOrder":508},{"sectionNumber":"ch.12-pt.6-div.4","sectionType":"division","heading":"Directions to leave and not re-enter premises of non-State schools for 24 hours","content":"## Directions to leave and not re-enter premises of non-State schools for 24 hours","sortOrder":509},{"sectionNumber":"sec.348","sectionType":"section","heading":"Direction to leave and not re-enter","content":"### sec.348 Direction to leave and not re-enter\n\nA non-State school’s principal may give a person (the prohibited person ) an oral direction requiring the prohibited person to immediately leave and not re-enter the school’s premises for 24 hours after the time of the direction if the principal reasonably suspects the prohibited person—\nhas committed, or is about to commit, an offence at the premises; or\nhas used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or\nhas engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or\nhas otherwise disrupted, or is about to disrupt, good order at the premises; or\ndoes not have a good and lawful reason to be at the premises.\nA direction under subsection (1) may not be given to an exempt person for the school.\nThe direction must include—\nthe terms of the direction; and\nthe ground for the direction; and\nthe time during which the prohibited person may not re-enter the premises.\nThe prohibited person must immediately comply with the direction, unless the prohibited person has a reasonable excuse.\nMaximum penalty for subsection (4) —20 penalty units.\ns 348 amd 2014 No. 62 s 115\n(sec.348-ssec.1) A non-State school’s principal may give a person (the prohibited person ) an oral direction requiring the prohibited person to immediately leave and not re-enter the school’s premises for 24 hours after the time of the direction if the principal reasonably suspects the prohibited person— has committed, or is about to commit, an offence at the premises; or has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or has otherwise disrupted, or is about to disrupt, good order at the premises; or does not have a good and lawful reason to be at the premises.\n(sec.348-ssec.2) A direction under subsection (1) may not be given to an exempt person for the school.\n(sec.348-ssec.3) The direction must include— the terms of the direction; and the ground for the direction; and the time during which the prohibited person may not re-enter the premises.\n(sec.348-ssec.4) The prohibited person must immediately comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (4) —20 penalty units.\n- (a) has committed, or is about to commit, an offence at the premises; or\n- (b) has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or\n- (c) has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or\n- (d) has otherwise disrupted, or is about to disrupt, good order at the premises; or\n- (e) does not have a good and lawful reason to be at the premises.\n- (a) the terms of the direction; and\n- (b) the ground for the direction; and\n- (c) the time during which the prohibited person may not re-enter the premises.","sortOrder":510},{"sectionNumber":"ch.12-pt.6-div.5","sectionType":"division","heading":"Prohibition from entering premises of non-State schools for up to 60 days","content":"## Prohibition from entering premises of non-State schools for up to 60 days","sortOrder":511},{"sectionNumber":"sec.349","sectionType":"section","heading":"Prohibition from entering premises","content":"### sec.349 Prohibition from entering premises\n\nA non-State school’s principal may give a person (the prohibited person ) a written direction requiring the prohibited person not to enter the school’s premises for up to 60 days after the day on which the direction is given if the principal is reasonably satisfied that, unless the direction is given, the prohibited person is likely—\nto cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or\nto damage the premises or property at the premises; or\nto disrupt the good order or management of the school.\nA direction under subsection (1) may not be given to an exempt person for the school.\nThe direction must state—\nthe terms of the direction; and\nthe ground for the direction; and\nan outline of the facts and circumstances forming the basis for the ground; and\nthe time the direction is to remain in force.\nThe direction has no effect until the principal gives it to the prohibited person.\nThe prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse.\nMaximum penalty for subsection (5) —30 penalty units.\ns 349 amd 2009 No. 24 s 145 ; 2014 No. 62 s 116\n(sec.349-ssec.1) A non-State school’s principal may give a person (the prohibited person ) a written direction requiring the prohibited person not to enter the school’s premises for up to 60 days after the day on which the direction is given if the principal is reasonably satisfied that, unless the direction is given, the prohibited person is likely— to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or to damage the premises or property at the premises; or to disrupt the good order or management of the school.\n(sec.349-ssec.2) A direction under subsection (1) may not be given to an exempt person for the school.\n(sec.349-ssec.3) The direction must state— the terms of the direction; and the ground for the direction; and an outline of the facts and circumstances forming the basis for the ground; and the time the direction is to remain in force.\n(sec.349-ssec.4) The direction has no effect until the principal gives it to the prohibited person.\n(sec.349-ssec.5) The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (5) —30 penalty units.\n- (a) to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or\n- (b) to damage the premises or property at the premises; or\n- (c) to disrupt the good order or management of the school.\n- (a) the terms of the direction; and\n- (b) the ground for the direction; and\n- (c) an outline of the facts and circumstances forming the basis for the ground; and\n- (d) the time the direction is to remain in force.","sortOrder":512},{"sectionNumber":"sec.349A","sectionType":"section","heading":"Non-State school’s governing body or nominee may prohibit person from entering premises","content":"### sec.349A Non-State school’s governing body or nominee may prohibit person from entering premises\n\nThis section applies if a non-State school’s principal, or a non-State school’s governing body, reasonably believes it would be appropriate for the governing body, or its nominee for this subsection, to exercise the power to give a person a written direction mentioned in section 349 .\nIt would be appropriate for the governing body or nominee to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.\nThe governing body or nominee may exercise the power.\nSection 349 applies as if a reference in that section to the principal were a reference to the governing body or nominee.\nFor subsection (1) , a nominee of a non-State school’s governing body must not be the school’s principal.\ns 349A ins 2014 No. 62 s 117\n(sec.349A-ssec.1) This section applies if a non-State school’s principal, or a non-State school’s governing body, reasonably believes it would be appropriate for the governing body, or its nominee for this subsection, to exercise the power to give a person a written direction mentioned in section 349 . It would be appropriate for the governing body or nominee to exercise the power if the principal was prevented from doing so by the principles of natural justice relating to bias.\n(sec.349A-ssec.2) The governing body or nominee may exercise the power.\n(sec.349A-ssec.3) Section 349 applies as if a reference in that section to the principal were a reference to the governing body or nominee.\n(sec.349A-ssec.4) For subsection (1) , a nominee of a non-State school’s governing body must not be the school’s principal.","sortOrder":513},{"sectionNumber":"sec.349B","sectionType":"section","heading":"Review of written direction","content":"### sec.349B Review of written direction\n\nThis section applies if a person is given a written direction by—\na non-State school’s principal under section 349 ; or\na non-State school’s governing body or its nominee under section 349A .\nThe person may apply in writing to the school’s review body for a review of the direction.\nThe application must—\nbe made within 30 school days after the person is given the direction; and\nstate in detail the grounds on which the person wants the direction to be reviewed; and\nstate the person’s residential address.\nThe review body may extend the time for making the application.\nWithin 40 school days after the making of the application, the review body must consider the grounds and make a decision to—\nconfirm the direction; or\nvary the direction; or\ncancel the direction.\nThe review body must make the decision on the material that led to the original direction and any other material the review body considers relevant.\nThe review body must give the person and the school’s principal written notice of the decision.\nThe written notice must state the matters mentioned in section 157 (2) (a) to (e) of the QCAT Act for the decision.\nIf the written direction was given by the school’s governing body or its nominee, the review body must not be the governing body or nominee.\ns 349B ins 2014 No. 62 s 117\namd 2018 No. 1 s 130\n(sec.349B-ssec.1) This section applies if a person is given a written direction by— a non-State school’s principal under section 349 ; or a non-State school’s governing body or its nominee under section 349A .\n(sec.349B-ssec.2) The person may apply in writing to the school’s review body for a review of the direction.\n(sec.349B-ssec.3) The application must— be made within 30 school days after the person is given the direction; and state in detail the grounds on which the person wants the direction to be reviewed; and state the person’s residential address.\n(sec.349B-ssec.4) The review body may extend the time for making the application.\n(sec.349B-ssec.5) Within 40 school days after the making of the application, the review body must consider the grounds and make a decision to— confirm the direction; or vary the direction; or cancel the direction.\n(sec.349B-ssec.6) The review body must make the decision on the material that led to the original direction and any other material the review body considers relevant.\n(sec.349B-ssec.7) The review body must give the person and the school’s principal written notice of the decision.\n(sec.349B-ssec.8) The written notice must state the matters mentioned in section 157 (2) (a) to (e) of the QCAT Act for the decision.\n(sec.349B-ssec.9) If the written direction was given by the school’s governing body or its nominee, the review body must not be the governing body or nominee.\n- (a) a non-State school’s principal under section 349 ; or\n- (b) a non-State school’s governing body or its nominee under section 349A .\n- (a) be made within 30 school days after the person is given the direction; and\n- (b) state in detail the grounds on which the person wants the direction to be reviewed; and\n- (c) state the person’s residential address.\n- (a) confirm the direction; or\n- (b) vary the direction; or\n- (c) cancel the direction.","sortOrder":514},{"sectionNumber":"ch.12-pt.6-div.6","sectionType":"division","heading":"Prohibition from entering premises of non-State schools for more than 60 days, but not more than 1 year","content":"## Prohibition from entering premises of non-State schools for more than 60 days, but not more than 1 year","sortOrder":515},{"sectionNumber":"sec.350","sectionType":"section","heading":"Prohibition from entering premises","content":"### sec.350 Prohibition from entering premises\n\nA non-State school’s governing body, or its nominee for this subsection, may give a person (the prohibited person ) a written direction requiring the prohibited person not to enter the premises of the school for more than 60 days, but not more than 1 year, after the day on which the direction is given if the governing body or nominee is reasonably satisfied that, unless the direction is given, the prohibited person is likely to—\ncause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or\ndamage the premises or property at the premises; or\ndisrupt the good order or management of the school.\nA direction under subsection (1) may not be given to an exempt person for the school.\nThe direction must state—\nthe terms of the direction; and\nthe ground for the direction; and\nan outline of the facts and circumstances forming the basis for the ground; and\nthe time the direction is to remain in force.\nThe direction must state the matters mentioned in section 157 (2) (a) to (e) of the QCAT Act as if a reference in the section to the decision were a reference to the direction.\nThe direction has no effect until the governing body or nominee gives it to the prohibited person.\nThe prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse.\nMaximum penalty for subsection (6) —40 penalty units.\ns 350 amd 2009 No. 24 s 146\nsub 2014 No. 62 s 118\n(sec.350-ssec.1) A non-State school’s governing body, or its nominee for this subsection, may give a person (the prohibited person ) a written direction requiring the prohibited person not to enter the premises of the school for more than 60 days, but not more than 1 year, after the day on which the direction is given if the governing body or nominee is reasonably satisfied that, unless the direction is given, the prohibited person is likely to— cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or damage the premises or property at the premises; or disrupt the good order or management of the school.\n(sec.350-ssec.2) A direction under subsection (1) may not be given to an exempt person for the school.\n(sec.350-ssec.3) The direction must state— the terms of the direction; and the ground for the direction; and an outline of the facts and circumstances forming the basis for the ground; and the time the direction is to remain in force.\n(sec.350-ssec.4) The direction must state the matters mentioned in section 157 (2) (a) to (e) of the QCAT Act as if a reference in the section to the decision were a reference to the direction.\n(sec.350-ssec.5) The direction has no effect until the governing body or nominee gives it to the prohibited person.\n(sec.350-ssec.6) The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (6) —40 penalty units.\n- (a) cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or\n- (b) damage the premises or property at the premises; or\n- (c) disrupt the good order or management of the school.\n- (a) the terms of the direction; and\n- (b) the ground for the direction; and\n- (c) an outline of the facts and circumstances forming the basis for the ground; and\n- (d) the time the direction is to remain in force.","sortOrder":516},{"sectionNumber":"sec.351","sectionType":"section","heading":null,"content":"### Section sec.351\n\ns 351 om 2009 No. 24 s 147","sortOrder":517},{"sectionNumber":"ch.12-pt.7","sectionType":"part","heading":"Prohibition from entering premises of all State instructional institutions and non-State schools for up to 1 year","content":"# Prohibition from entering premises of all State instructional institutions and non-State schools for up to 1 year","sortOrder":518},{"sectionNumber":"sec.352","sectionType":"section","heading":"Prohibition from entering premises of all State instructional institutions and non-State schools","content":"### sec.352 Prohibition from entering premises of all State instructional institutions and non-State schools\n\nThe chief executive may apply to QCAT for an order prohibiting a person from entering the premises of all State instructional institutions and non-State schools for up to 1 year.\nAn application under subsection (1) may not be made in relation to a person who is a student of a State instructional institution or non-State school.\nQCAT may make the order if QCAT is satisfied, on the balance of probabilities, that the person poses an unacceptable risk to the safety or wellbeing of members of school communities in general.\ns 352 amd 2009 No. 24 s 149\n(sec.352-ssec.1) The chief executive may apply to QCAT for an order prohibiting a person from entering the premises of all State instructional institutions and non-State schools for up to 1 year.\n(sec.352-ssec.2) An application under subsection (1) may not be made in relation to a person who is a student of a State instructional institution or non-State school.\n(sec.352-ssec.3) QCAT may make the order if QCAT is satisfied, on the balance of probabilities, that the person poses an unacceptable risk to the safety or wellbeing of members of school communities in general.","sortOrder":519},{"sectionNumber":"sec.353","sectionType":"section","heading":"Prohibition from entering premises of all State instructional institutions","content":"### sec.353 Prohibition from entering premises of all State instructional institutions\n\nThe chief executive may apply to QCAT for an order prohibiting a person from entering the premises of all State instructional institutions for up to 1 year.\nAn application under subsection (1) may not be made in relation to a person who is a student of a State instructional institution.\nQCAT may make the order if QCAT is satisfied, on the balance of probabilities, that the person poses an unacceptable risk to the safety or wellbeing of members of school communities of the institutions in general.\ns 353 amd 2009 No. 24 s 150\n(sec.353-ssec.1) The chief executive may apply to QCAT for an order prohibiting a person from entering the premises of all State instructional institutions for up to 1 year.\n(sec.353-ssec.2) An application under subsection (1) may not be made in relation to a person who is a student of a State instructional institution.\n(sec.353-ssec.3) QCAT may make the order if QCAT is satisfied, on the balance of probabilities, that the person poses an unacceptable risk to the safety or wellbeing of members of school communities of the institutions in general.","sortOrder":520},{"sectionNumber":"sec.354","sectionType":"section","heading":null,"content":"### Section sec.354\n\ns 354 om 2009 No. 24 s 151","sortOrder":521},{"sectionNumber":"ch.12-pt.8","sectionType":"part","heading":"Provisions relating to parts 5 to 7","content":"# Provisions relating to parts 5 to 7","sortOrder":522},{"sectionNumber":"sec.355","sectionType":"section","heading":"Non-application of pts 5 and 6 to particular persons","content":"### sec.355 Non-application of pts 5 and 6 to particular persons\n\nParts 5 and 6 do not apply to a person in relation to the exercise by the person of the person’s powers under an Act at the premises of a State instructional institution or non-State school.\ns 355 sub 2009 No. 24 s 153","sortOrder":523},{"sectionNumber":"sec.356","sectionType":"section","heading":"Notification of application or direction","content":"### sec.356 Notification of application or direction\n\nSubsection (2) applies if an application is made under section 352 or 353 in relation to a child.\nThe applicant must, as soon as practicable after making the application, give a parent of the child notice of the application, unless a parent can not be found after reasonable inquiry.\nSubsection (4) applies if a direction is given under section 340 , 341 , 349 or 350 to a child.\nThe person who gives the direction must, as soon as practicable after giving the direction, give a parent of the child notice of the direction, unless a parent can not be found after reasonable inquiry.\nIn this section—\nparent , of a child, includes someone who is apparently a parent of the child.\ns 356 amd 2014 No. 62 s 119\n(sec.356-ssec.1) Subsection (2) applies if an application is made under section 352 or 353 in relation to a child.\n(sec.356-ssec.2) The applicant must, as soon as practicable after making the application, give a parent of the child notice of the application, unless a parent can not be found after reasonable inquiry.\n(sec.356-ssec.3) Subsection (4) applies if a direction is given under section 340 , 341 , 349 or 350 to a child.\n(sec.356-ssec.4) The person who gives the direction must, as soon as practicable after giving the direction, give a parent of the child notice of the direction, unless a parent can not be found after reasonable inquiry.\n(sec.356-ssec.5) In this section— parent , of a child, includes someone who is apparently a parent of the child.","sortOrder":524},{"sectionNumber":"sec.357","sectionType":"section","heading":"Noncompliance with QCAT order","content":"### sec.357 Noncompliance with QCAT order\n\nA person who does not comply with an order of QCAT under section 352 or 353 commits an offence.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\ns 357 amd 2009 No. 24 s 154 ); 2014 No. 62 s 120","sortOrder":525},{"sectionNumber":"sec.358","sectionType":"section","heading":"Annual report of department to include report on various matters","content":"### sec.358 Annual report of department to include report on various matters\n\nIn the department’s annual report for a financial year, the chief executive must include details of—\nthe number of directions given during the financial year under each of sections 337 , 339 , 340 and 341 , including the number given to children; and\nthe number of orders made during the financial year under each of sections 352 and 353 , including the number made in relation to children; and\nthe number of applications made during the financial year under section 338 , including the number made by children; and\nthe number of directions confirmed during the financial year under section 338 , including the number of the directions that had been given to children; and\nthe number of directions varied or cancelled during the financial year under section 338 , including the number of the directions that had been given to children.\nAlso, in the annual report, the chief executive must include the information obtained by the Minister under section 359 for the financial year.\ns 358 amd 2014 No. 62 s 121 ; 2018 No. 1 s 131\n(sec.358-ssec.1) In the department’s annual report for a financial year, the chief executive must include details of— the number of directions given during the financial year under each of sections 337 , 339 , 340 and 341 , including the number given to children; and the number of orders made during the financial year under each of sections 352 and 353 , including the number made in relation to children; and the number of applications made during the financial year under section 338 , including the number made by children; and the number of directions confirmed during the financial year under section 338 , including the number of the directions that had been given to children; and the number of directions varied or cancelled during the financial year under section 338 , including the number of the directions that had been given to children.\n(sec.358-ssec.2) Also, in the annual report, the chief executive must include the information obtained by the Minister under section 359 for the financial year.\n- (a) the number of directions given during the financial year under each of sections 337 , 339 , 340 and 341 , including the number given to children; and\n- (b) the number of orders made during the financial year under each of sections 352 and 353 , including the number made in relation to children; and\n- (c) the number of applications made during the financial year under section 338 , including the number made by children; and\n- (d) the number of directions confirmed during the financial year under section 338 , including the number of the directions that had been given to children; and\n- (e) the number of directions varied or cancelled during the financial year under section 338 , including the number of the directions that had been given to children.","sortOrder":526},{"sectionNumber":"sec.359","sectionType":"section","heading":"Non-State school’s governing body to give particular information to Minister","content":"### sec.359 Non-State school’s governing body to give particular information to Minister\n\nA non-State school’s governing body must, within 2 months after the end of a financial year, give the following information to the Minister—\nthe number of directions, relating to the school, given during the financial year under each of sections 346 , 348 , 349 and 350 , including the number given to children;\nthe number of applications, relating to the school, made during the financial year under each of sections 347 and 349B , including the number made by children;\nthe number of directions, relating to the school, confirmed during the financial year under each of sections 347 and 349B , including the number of the directions that had been given to children;\nthe number of directions, relating to the school, varied or cancelled during the financial year under each of sections 347 and 349B , including the number of the directions that had been given to children.\ns 359 amd 2014 No. 62 s 122 ; 2018 No. 1 s 132\n- (a) the number of directions, relating to the school, given during the financial year under each of sections 346 , 348 , 349 and 350 , including the number given to children;\n- (b) the number of applications, relating to the school, made during the financial year under each of sections 347 and 349B , including the number made by children;\n- (c) the number of directions, relating to the school, confirmed during the financial year under each of sections 347 and 349B , including the number of the directions that had been given to children;\n- (d) the number of directions, relating to the school, varied or cancelled during the financial year under each of sections 347 and 349B , including the number of the directions that had been given to children.","sortOrder":527},{"sectionNumber":"ch.12-pt.9","sectionType":"part","heading":"Dress code","content":"# Dress code","sortOrder":528},{"sectionNumber":"sec.360","sectionType":"section","heading":"Development of dress code","content":"### sec.360 Development of dress code\n\nA State school’s principal may develop a dress code for the school’s students that is to apply when the students are attending, or representing, the school.\nThe dress code may provide for the following—\nstandards of what is acceptable in relation to the clothing worn by the students, including headwear and footwear;\nstandards of what is acceptable in relation to other aspects of the personal presentation of the students.\nIn developing the dress code, the principal must consult with the following persons—\nthe parents of children enrolled at the school;\nthe school’s staff and students.\nAlso, in developing the dress code, the principal must ensure the dress code is consistent with any guidelines made under section 361 .\n(sec.360-ssec.1) A State school’s principal may develop a dress code for the school’s students that is to apply when the students are attending, or representing, the school.\n(sec.360-ssec.2) The dress code may provide for the following— standards of what is acceptable in relation to the clothing worn by the students, including headwear and footwear; standards of what is acceptable in relation to other aspects of the personal presentation of the students.\n(sec.360-ssec.3) In developing the dress code, the principal must consult with the following persons— the parents of children enrolled at the school; the school’s staff and students.\n(sec.360-ssec.4) Also, in developing the dress code, the principal must ensure the dress code is consistent with any guidelines made under section 361 .\n- (a) standards of what is acceptable in relation to the clothing worn by the students, including headwear and footwear;\n- (b) standards of what is acceptable in relation to other aspects of the personal presentation of the students.\n- (a) the parents of children enrolled at the school;\n- (b) the school’s staff and students.","sortOrder":529},{"sectionNumber":"sec.361","sectionType":"section","heading":"Guidelines for dress code","content":"### sec.361 Guidelines for dress code\n\nThe chief executive may make guidelines about dress codes for State schools.\nIssues that may be addressed by a guideline include the following—\nthe scope of operation of a dress code;\nthe extent of consultation to be undertaken by a State school’s principal when developing a dress code;\nthe issues to be considered in the development of a dress code, including, for example—\nthe availability and affordability of items of clothing; and\nthe functionality of items of clothing; and\nhealth and safety issues; and\nanti-discrimination issues; and\nthe process to be followed in dealing with the special circumstances of particular students;\nthe consistency of a dress code with other Acts or laws;\nthe consistency of a dress code with government policies;\nthe ongoing monitoring of the operation of a dress code.\nA guideline may be amended or replaced by a later guideline made under this section.\nA guideline must be made available to each principal of a State school.\n(sec.361-ssec.1) The chief executive may make guidelines about dress codes for State schools.\n(sec.361-ssec.2) Issues that may be addressed by a guideline include the following— the scope of operation of a dress code; the extent of consultation to be undertaken by a State school’s principal when developing a dress code; the issues to be considered in the development of a dress code, including, for example— the availability and affordability of items of clothing; and the functionality of items of clothing; and health and safety issues; and anti-discrimination issues; and the process to be followed in dealing with the special circumstances of particular students; the consistency of a dress code with other Acts or laws; the consistency of a dress code with government policies; the ongoing monitoring of the operation of a dress code.\n(sec.361-ssec.3) A guideline may be amended or replaced by a later guideline made under this section.\n(sec.361-ssec.4) A guideline must be made available to each principal of a State school.\n- (a) the scope of operation of a dress code;\n- (b) the extent of consultation to be undertaken by a State school’s principal when developing a dress code;\n- (c) the issues to be considered in the development of a dress code, including, for example— (i) the availability and affordability of items of clothing; and (ii) the functionality of items of clothing; and (iii) health and safety issues; and (iv) anti-discrimination issues; and (v) the process to be followed in dealing with the special circumstances of particular students;\n- (i) the availability and affordability of items of clothing; and\n- (ii) the functionality of items of clothing; and\n- (iii) health and safety issues; and\n- (iv) anti-discrimination issues; and\n- (v) the process to be followed in dealing with the special circumstances of particular students;\n- (d) the consistency of a dress code with other Acts or laws;\n- (e) the consistency of a dress code with government policies;\n- (f) the ongoing monitoring of the operation of a dress code.\n- (i) the availability and affordability of items of clothing; and\n- (ii) the functionality of items of clothing; and\n- (iii) health and safety issues; and\n- (iv) anti-discrimination issues; and\n- (v) the process to be followed in dealing with the special circumstances of particular students;","sortOrder":530},{"sectionNumber":"sec.362","sectionType":"section","heading":"Noncompliance with dress code","content":"### sec.362 Noncompliance with dress code\n\nThis section applies if a student of a State school does not comply with a dress code for the school’s students.\nThe noncompliance can not be a ground for any of the following—\nsuspending the student under part 3 , division 2 ;\nexcluding the student under part 3 , division 3 or 4 ;\ncancelling the student’s enrolment under part 3 , division 8 .\ns 362 amd 2009 No. 24 s 155\nsub 2013 No. 59 s 25\n(sec.362-ssec.1) This section applies if a student of a State school does not comply with a dress code for the school’s students.\n(sec.362-ssec.2) The noncompliance can not be a ground for any of the following— suspending the student under part 3 , division 2 ; excluding the student under part 3 , division 3 or 4 ; cancelling the student’s enrolment under part 3 , division 8 .\n- (a) suspending the student under part 3 , division 2 ;\n- (b) excluding the student under part 3 , division 3 or 4 ;\n- (c) cancelling the student’s enrolment under part 3 , division 8 .","sortOrder":531},{"sectionNumber":"sec.363","sectionType":"section","heading":"Dress code to be available for inspection","content":"### sec.363 Dress code to be available for inspection\n\nA State school’s principal must keep an up-to-date copy of a dress code for the school’s students developed under section 360 available for inspection, free of charge, by interested persons at the school’s administration office.\nThe plan may be made available in written or electronic form.\n(sec.363-ssec.1) A State school’s principal must keep an up-to-date copy of a dress code for the school’s students developed under section 360 available for inspection, free of charge, by interested persons at the school’s administration office.\n(sec.363-ssec.2) The plan may be made available in written or electronic form.","sortOrder":532},{"sectionNumber":"ch.12-pt.10","sectionType":"part","heading":"Reporting of sexual abuse","content":"# Reporting of sexual abuse","sortOrder":533},{"sectionNumber":"sec.364","sectionType":"section","heading":"Definitions for pt 10","content":"### sec.364 Definitions for pt 10\n\nIn this part—\ndirector , of a non-State school’s governing body, means a director of the governing body within the meaning of the Education (Accreditation of Non-State Schools) Act 2017 , section 9 .\ns 364 def director ins 2011 No. 39 s 7 (2)\nsub 2014 No. 62 s 47\namd 2017 No. 24 s 219\nemployee , of a State school, means a person engaged to carry out work at the school for financial reward.\ns 364 def employee amd 2011 No. 39 s 7 (3)\nrelevant person means a person mentioned in section 365 (1) (a) to (c) , 365A (1) (a) to (c) , 366 (1) (a) to (c) or 366A (1) (a) to (c) .\ns 364 def relevant person ins 2011 No. 39 s 7 (2)\nsexual abuse , in relation to a relevant person, includes sexual behaviour involving the relevant person and another person in the following circumstances—\nthe other person bribes, coerces, exploits, threatens or is violent toward the relevant person;\nthe relevant person has less power than the other person;\nthere is a significant disparity between the relevant person and the other person in intellectual capacity or maturity.\ns 364 def sexual abuse ins 2011 No. 39 s 7 (2)\ns 364 sub 2011 No. 39 s 7 (1) ; 2014 No. 62 s 47\n- (a) the other person bribes, coerces, exploits, threatens or is violent toward the relevant person;\n- (b) the relevant person has less power than the other person;\n- (c) there is a significant disparity between the relevant person and the other person in intellectual capacity or maturity.","sortOrder":534},{"sectionNumber":"sec.365","sectionType":"section","heading":"Obligation to report sexual abuse of person under 18 years at State school","content":"### sec.365 Obligation to report sexual abuse of person under 18 years at State school\n\nSubsection (2) applies if a staff member of a State school (the first person ) becomes aware, or reasonably suspects, in the course of the staff member’s employment at the school, that any of the following has been sexually abused by another person—\na student under 18 years attending the school;\na kindergarten age child registered in—\na kindergarten learning program at the school; or\na distance education kindergarten learning program at the school;\na person with a disability who—\nunder section 420 (2) , is being provided with special education at the school; and\nis not enrolled in the preparatory year at the school.\nThe first person must give a written report about the abuse, or suspected abuse, to the school’s principal or the principal’s supervisor—\nimmediately; and\nif a regulation is in force under subsection (3) , as provided under the regulation.\nMaximum penalty—20 penalty units.\nHowever, if the first person is the school’s principal, the principal must give a written report about the abuse, or suspected abuse, to a police officer—\nimmediately; and\nif a regulation is in force under subsection (3) , as provided under the regulation.\nMaximum penalty—20 penalty units.\nA regulation may prescribe the particulars the report must include.\nA State school’s principal or a principal’s supervisor must immediately give a copy of a report given to the principal or supervisor under subsection (2) to a police officer.\nMaximum penalty—20 penalty units.\nSubsection (5) applies if the report is about abuse by an employee of a State school.\nThe principal or principal’s supervisor must also immediately give a copy of the report to a person nominated by the chief executive for the purpose (the chief executive’s nominee ).\nMaximum penalty—20 penalty units.\nA person who makes a report under subsection (2) or (2A) , or gives a copy of a report under subsection (4) or (5) , is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.\nWithout limiting subsection (6) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.\ns 365 amd 2009 No. 40 s 10 ; 2011 No. 39 s 8 ; 2012 No. 35 s 12 ; 2018 No. 1 s 150 sch 2\n(sec.365-ssec.1) Subsection (2) applies if a staff member of a State school (the first person ) becomes aware, or reasonably suspects, in the course of the staff member’s employment at the school, that any of the following has been sexually abused by another person— a student under 18 years attending the school; a kindergarten age child registered in— a kindergarten learning program at the school; or a distance education kindergarten learning program at the school; a person with a disability who— under section 420 (2) , is being provided with special education at the school; and is not enrolled in the preparatory year at the school.\n(sec.365-ssec.2) The first person must give a written report about the abuse, or suspected abuse, to the school’s principal or the principal’s supervisor— immediately; and if a regulation is in force under subsection (3) , as provided under the regulation. Maximum penalty—20 penalty units.\n(sec.365-ssec.2A) However, if the first person is the school’s principal, the principal must give a written report about the abuse, or suspected abuse, to a police officer— immediately; and if a regulation is in force under subsection (3) , as provided under the regulation. Maximum penalty—20 penalty units.\n(sec.365-ssec.3) A regulation may prescribe the particulars the report must include.\n(sec.365-ssec.4) A State school’s principal or a principal’s supervisor must immediately give a copy of a report given to the principal or supervisor under subsection (2) to a police officer. Maximum penalty—20 penalty units.\n(sec.365-ssec.4A) Subsection (5) applies if the report is about abuse by an employee of a State school.\n(sec.365-ssec.5) The principal or principal’s supervisor must also immediately give a copy of the report to a person nominated by the chief executive for the purpose (the chief executive’s nominee ). Maximum penalty—20 penalty units.\n(sec.365-ssec.6) A person who makes a report under subsection (2) or (2A) , or gives a copy of a report under subsection (4) or (5) , is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.\n(sec.365-ssec.7) Without limiting subsection (6) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.\n- (a) a student under 18 years attending the school;\n- (b) a kindergarten age child registered in— (i) a kindergarten learning program at the school; or (ii) a distance education kindergarten learning program at the school;\n- (i) a kindergarten learning program at the school; or\n- (ii) a distance education kindergarten learning program at the school;\n- (c) a person with a disability who— (i) under section 420 (2) , is being provided with special education at the school; and (ii) is not enrolled in the preparatory year at the school.\n- (i) under section 420 (2) , is being provided with special education at the school; and\n- (ii) is not enrolled in the preparatory year at the school.\n- (i) a kindergarten learning program at the school; or\n- (ii) a distance education kindergarten learning program at the school;\n- (i) under section 420 (2) , is being provided with special education at the school; and\n- (ii) is not enrolled in the preparatory year at the school.\n- (a) immediately; and\n- (b) if a regulation is in force under subsection (3) , as provided under the regulation.\n- (a) immediately; and\n- (b) if a regulation is in force under subsection (3) , as provided under the regulation.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.","sortOrder":535},{"sectionNumber":"sec.365A","sectionType":"section","heading":"Obligation to report likely sexual abuse of person under 18 years at State school","content":"### sec.365A Obligation to report likely sexual abuse of person under 18 years at State school\n\nSubsection (2) applies if a staff member of a State school (the first person ) reasonably suspects, in the course of the staff member’s employment at the school, that any of the following is likely to be sexually abused by another person—\na student under 18 years attending the school;\na kindergarten age child registered in—\na kindergarten learning program at the school; or\na distance education kindergarten learning program at the school;\na person with a disability who—\nunder section 420 (2) , is being provided with special education at the school; and\nis not enrolled in the preparatory year at the school.\nThe first person must give a written report about the first person’s suspicion to the school’s principal or the principal’s supervisor—\nimmediately; and\nif a regulation is in force under subsection (4) , as provided under the regulation.\nHowever, if the first person is the school’s principal, the principal must give a written report about the suspicion to a police officer—\nimmediately; and\nif a regulation is in force under subsection (4) , as provided under the regulation.\nA regulation may prescribe the particulars the report must include.\nA State school’s principal or a principal’s supervisor must immediately give a copy of a report given to the principal or supervisor under subsection (2) to a police officer.\nSubsection (7) applies if the report is about a suspicion of likely abuse by an employee of a State school.\nThe principal or principal’s supervisor must also immediately give a copy of the report to a person nominated by the chief executive for the purpose (the chief executive’s nominee ).\nA person who makes a report under subsection (2) or (3) , or gives a copy of a report under subsection (5) or (7) , is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.\nWithout limiting subsection (8) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.\nTo remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under this section.\ns 365A ins 2011 No. 39 s 9 (amd 2012 No. 35 s 3 )\namd 2018 No. 1 s 150 sch 2\n(sec.365A-ssec.1) Subsection (2) applies if a staff member of a State school (the first person ) reasonably suspects, in the course of the staff member’s employment at the school, that any of the following is likely to be sexually abused by another person— a student under 18 years attending the school; a kindergarten age child registered in— a kindergarten learning program at the school; or a distance education kindergarten learning program at the school; a person with a disability who— under section 420 (2) , is being provided with special education at the school; and is not enrolled in the preparatory year at the school.\n(sec.365A-ssec.2) The first person must give a written report about the first person’s suspicion to the school’s principal or the principal’s supervisor— immediately; and if a regulation is in force under subsection (4) , as provided under the regulation.\n(sec.365A-ssec.3) However, if the first person is the school’s principal, the principal must give a written report about the suspicion to a police officer— immediately; and if a regulation is in force under subsection (4) , as provided under the regulation.\n(sec.365A-ssec.4) A regulation may prescribe the particulars the report must include.\n(sec.365A-ssec.5) A State school’s principal or a principal’s supervisor must immediately give a copy of a report given to the principal or supervisor under subsection (2) to a police officer.\n(sec.365A-ssec.6) Subsection (7) applies if the report is about a suspicion of likely abuse by an employee of a State school.\n(sec.365A-ssec.7) The principal or principal’s supervisor must also immediately give a copy of the report to a person nominated by the chief executive for the purpose (the chief executive’s nominee ).\n(sec.365A-ssec.8) A person who makes a report under subsection (2) or (3) , or gives a copy of a report under subsection (5) or (7) , is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.\n(sec.365A-ssec.9) Without limiting subsection (8) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.\n(sec.365A-ssec.10) To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under this section.\n- (a) a student under 18 years attending the school;\n- (b) a kindergarten age child registered in— (i) a kindergarten learning program at the school; or (ii) a distance education kindergarten learning program at the school;\n- (i) a kindergarten learning program at the school; or\n- (ii) a distance education kindergarten learning program at the school;\n- (c) a person with a disability who— (i) under section 420 (2) , is being provided with special education at the school; and (ii) is not enrolled in the preparatory year at the school.\n- (i) under section 420 (2) , is being provided with special education at the school; and\n- (ii) is not enrolled in the preparatory year at the school.\n- (i) a kindergarten learning program at the school; or\n- (ii) a distance education kindergarten learning program at the school;\n- (i) under section 420 (2) , is being provided with special education at the school; and\n- (ii) is not enrolled in the preparatory year at the school.\n- (a) immediately; and\n- (b) if a regulation is in force under subsection (4) , as provided under the regulation.\n- (a) immediately; and\n- (b) if a regulation is in force under subsection (4) , as provided under the regulation.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.","sortOrder":536},{"sectionNumber":"sec.366","sectionType":"section","heading":"Obligation to report sexual abuse of person under 18 years at non-State school","content":"### sec.366 Obligation to report sexual abuse of person under 18 years at non-State school\n\nSubsection (2) applies if a staff member of a non-State school (the first person ) becomes aware, or reasonably suspects, in the course of the staff member’s employment at the school, that any of the following has been sexually abused by another person—\na student under 18 years attending the school;\na kindergarten age child registered in a kindergarten learning program at the school;\na person with a disability who—\nunder section 420 (2) , is being provided with special education at the school; and\nis not enrolled in the preparatory year at the school.\nThe first person must give a written report about the abuse, or suspected abuse, to the school’s principal or a director of the school’s governing body—\nimmediately; and\nif a regulation is in force under subsection (3) , as provided under the regulation.\nMaximum penalty—20 penalty units.\nHowever, if the first person is the school’s principal, the principal must give a written report about the abuse, or suspected abuse, to a police officer—\nimmediately; and\nif a regulation is in force under subsection (3) , as provided under the regulation.\nMaximum penalty—20 penalty units.\nIf subsection (2A) applies, the principal must also immediately give a copy of the report to a director of the school’s governing body.\nMaximum penalty—20 penalty units.\nA regulation may prescribe the particulars the report must include.\nA non-State school’s principal or a director of a non-State school’s governing body must immediately give a copy of a report given to the principal or director under subsection (2) to a police officer.\nMaximum penalty—20 penalty units.\nA person who makes a report under subsection (2) or (2A) , or gives a copy of a report under subsection (2B) or (4) , is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.\nWithout limiting subsection (5) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.\ns 366 amd 2009 No. 40 s 11 ; 2011 No. 39 s 10 ; 2018 No. 1 s 150 sch 2\n(sec.366-ssec.1) Subsection (2) applies if a staff member of a non-State school (the first person ) becomes aware, or reasonably suspects, in the course of the staff member’s employment at the school, that any of the following has been sexually abused by another person— a student under 18 years attending the school; a kindergarten age child registered in a kindergarten learning program at the school; a person with a disability who— under section 420 (2) , is being provided with special education at the school; and is not enrolled in the preparatory year at the school.\n(sec.366-ssec.2) The first person must give a written report about the abuse, or suspected abuse, to the school’s principal or a director of the school’s governing body— immediately; and if a regulation is in force under subsection (3) , as provided under the regulation. Maximum penalty—20 penalty units.\n(sec.366-ssec.2A) However, if the first person is the school’s principal, the principal must give a written report about the abuse, or suspected abuse, to a police officer— immediately; and if a regulation is in force under subsection (3) , as provided under the regulation. Maximum penalty—20 penalty units.\n(sec.366-ssec.2B) If subsection (2A) applies, the principal must also immediately give a copy of the report to a director of the school’s governing body. Maximum penalty—20 penalty units.\n(sec.366-ssec.3) A regulation may prescribe the particulars the report must include.\n(sec.366-ssec.4) A non-State school’s principal or a director of a non-State school’s governing body must immediately give a copy of a report given to the principal or director under subsection (2) to a police officer. Maximum penalty—20 penalty units.\n(sec.366-ssec.5) A person who makes a report under subsection (2) or (2A) , or gives a copy of a report under subsection (2B) or (4) , is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.\n(sec.366-ssec.6) Without limiting subsection (5) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.\n- (a) a student under 18 years attending the school;\n- (b) a kindergarten age child registered in a kindergarten learning program at the school;\n- (c) a person with a disability who— (i) under section 420 (2) , is being provided with special education at the school; and (ii) is not enrolled in the preparatory year at the school.\n- (i) under section 420 (2) , is being provided with special education at the school; and\n- (ii) is not enrolled in the preparatory year at the school.\n- (i) under section 420 (2) , is being provided with special education at the school; and\n- (ii) is not enrolled in the preparatory year at the school.\n- (a) immediately; and\n- (b) if a regulation is in force under subsection (3) , as provided under the regulation.\n- (a) immediately; and\n- (b) if a regulation is in force under subsection (3) , as provided under the regulation.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.","sortOrder":537},{"sectionNumber":"sec.366A","sectionType":"section","heading":"Obligation to report likely sexual abuse of person under 18 years at non-State school","content":"### sec.366A Obligation to report likely sexual abuse of person under 18 years at non-State school\n\nSubsection (2) applies if a staff member of a non-State school (the first person ) reasonably suspects, in the course of the staff member’s employment at the school, that any of the following is likely to be sexually abused by another person—\na student under 18 years attending the school;\na kindergarten age child registered in a kindergarten learning program at the school;\na person with a disability who—\nunder section 420 (2) , is being provided with special education at the school; and\nis not enrolled in the preparatory year at the school.\nThe first person must give a written report about the first person’s suspicion to the school’s principal or a director of the school’s governing body—\nimmediately; and\nif a regulation is in force under subsection (5) , as provided under the regulation.\nHowever, if the first person is the school’s principal, the principal must give a written report about the suspicion to a police officer—\nimmediately; and\nif a regulation is in force under subsection (5) , as provided under the regulation.\nIf subsection (3) applies, the principal must also immediately give a copy of the report to a director of the school’s governing body.\nA regulation may prescribe the particulars the report must include.\nA non-State school’s principal or a director of a non-State school’s governing body must immediately give a copy of a report given to the principal or director under subsection (2) to a police officer.\nA person who makes a report under subsection (2) or (3) , or gives a copy of a report under subsection (4) or (6) , is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.\nWithout limiting subsection (7) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.\nTo remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under this section.\ns 366A ins 2011 No. 39 s 11 (amd 2012 No. 35 s 4 )\namd 2018 No. 1 s 150 sch 2\n(sec.366A-ssec.1) Subsection (2) applies if a staff member of a non-State school (the first person ) reasonably suspects, in the course of the staff member’s employment at the school, that any of the following is likely to be sexually abused by another person— a student under 18 years attending the school; a kindergarten age child registered in a kindergarten learning program at the school; a person with a disability who— under section 420 (2) , is being provided with special education at the school; and is not enrolled in the preparatory year at the school.\n(sec.366A-ssec.2) The first person must give a written report about the first person’s suspicion to the school’s principal or a director of the school’s governing body— immediately; and if a regulation is in force under subsection (5) , as provided under the regulation.\n(sec.366A-ssec.3) However, if the first person is the school’s principal, the principal must give a written report about the suspicion to a police officer— immediately; and if a regulation is in force under subsection (5) , as provided under the regulation.\n(sec.366A-ssec.4) If subsection (3) applies, the principal must also immediately give a copy of the report to a director of the school’s governing body.\n(sec.366A-ssec.5) A regulation may prescribe the particulars the report must include.\n(sec.366A-ssec.6) A non-State school’s principal or a director of a non-State school’s governing body must immediately give a copy of a report given to the principal or director under subsection (2) to a police officer.\n(sec.366A-ssec.7) A person who makes a report under subsection (2) or (3) , or gives a copy of a report under subsection (4) or (6) , is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.\n(sec.366A-ssec.8) Without limiting subsection (7) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.\n(sec.366A-ssec.9) To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under this section.\n- (a) a student under 18 years attending the school;\n- (b) a kindergarten age child registered in a kindergarten learning program at the school;\n- (c) a person with a disability who— (i) under section 420 (2) , is being provided with special education at the school; and (ii) is not enrolled in the preparatory year at the school.\n- (i) under section 420 (2) , is being provided with special education at the school; and\n- (ii) is not enrolled in the preparatory year at the school.\n- (i) under section 420 (2) , is being provided with special education at the school; and\n- (ii) is not enrolled in the preparatory year at the school.\n- (a) immediately; and\n- (b) if a regulation is in force under subsection (5) , as provided under the regulation.\n- (a) immediately; and\n- (b) if a regulation is in force under subsection (5) , as provided under the regulation.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.","sortOrder":538},{"sectionNumber":"sec.366B","sectionType":"section","heading":"Delegation of director’s reporting function under s 366 or 366A","content":"### sec.366B Delegation of director’s reporting function under s 366 or 366A\n\nSubsection (2) applies if a non-State school’s governing body has only one director.\nThe director may delegate, to an appropriately qualified individual, the director’s function.\nSubsection (4) applies if a non-State school’s governing body has more than one director.\nAll of the directors may, by unanimous resolution, delegate the directors’ function to an appropriately qualified individual.\nHowever, the director or directors must not delegate the function to the principal or any other staff member of the non-State school.\nIf a delegate commits an offence against section 366 (4) , the delegator also commits the offence.\nHowever, it is a defence for the delegator to prove the delegator took all reasonable steps to ensure the delegate complied with the section.\nIn this section—\nfunction , of a director of a non-State school’s governing body, means the director’s function of receiving a report and giving a copy of the report to a police officer under section 366 or 366A .\ns 366B ins 2011 No. 39 s 11\namd 2014 No. 62 s 48\n(sec.366B-ssec.1) Subsection (2) applies if a non-State school’s governing body has only one director.\n(sec.366B-ssec.2) The director may delegate, to an appropriately qualified individual, the director’s function.\n(sec.366B-ssec.3) Subsection (4) applies if a non-State school’s governing body has more than one director.\n(sec.366B-ssec.4) All of the directors may, by unanimous resolution, delegate the directors’ function to an appropriately qualified individual.\n(sec.366B-ssec.4A) However, the director or directors must not delegate the function to the principal or any other staff member of the non-State school.\n(sec.366B-ssec.5) If a delegate commits an offence against section 366 (4) , the delegator also commits the offence.\n(sec.366B-ssec.6) However, it is a defence for the delegator to prove the delegator took all reasonable steps to ensure the delegate complied with the section.\n(sec.366B-ssec.7) In this section— function , of a director of a non-State school’s governing body, means the director’s function of receiving a report and giving a copy of the report to a police officer under section 366 or 366A .","sortOrder":539},{"sectionNumber":"ch.13-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":540},{"sectionNumber":"sec.367","sectionType":"section","heading":"Definitions for ch 13","content":"### sec.367 Definitions for ch 13\n\nIn this chapter—\nallowance includes a grant, subsidy or supplement.\napproved policy means a policy approved by the Minister under section 369 .\noverpayment means an amount, or part of an amount, paid to the governing body of a non-State school under section 368 (1) (b) to which the governing body was not entitled under an approved policy.\ns 367 def overpayment ins 2016 No. 46 s 11","sortOrder":541},{"sectionNumber":"ch.13-pt.2","sectionType":"part","heading":"Scholarships and allowances","content":"# Scholarships and allowances","sortOrder":542},{"sectionNumber":"sec.368","sectionType":"section","heading":"Provision of scholarships and payment of allowances","content":"### sec.368 Provision of scholarships and payment of allowances\n\nThe Minister may, under an approved policy—\nprovide scholarships to be competed for by prospective students, or students, of a school in receipt of subsidy; or\npay an allowance to the governing body of a non-State school in receipt of subsidy for its use in the operation of the school; or\npay an allowance to a person to offset the person’s costs in attending a State school or non-State school; or\npay an allowance to a person to offset the person’s costs in receiving home education under chapter 9 , part 5 ; or\npay an allowance to a person operating a student hostel to defray the costs of operating the hostel; or\npay an allowance or subsidy to a person to offset the person’s costs in participating in a distance education kindergarten learning program under chapter 19 , part 1A .\ncomputer hardware, internet or phone expenses\nAn allowance paid to the governing body of a non-State school under subsection (1) (b) is subject to a condition that the governing body must repay an overpayment to the State in accordance with an approved policy.\nThe Minister may pay an allowance under subsection (1) (b) on any other reasonable conditions the Minister considers appropriate.\nIf an overpayment is made to a governing body, the amount of the overpayment is a debt owed by the governing body to the State and may be recovered from the governing body by the chief executive.\nIn this section—\nstudent hostel means a hostel for the accommodation of students attending a school in receipt of subsidy.\ns 368 amd 2012 No. 35 s 13 ; 2016 No. 46 s 12 ; 2018 No. 1 s 150 sch 2\n(sec.368-ssec.1) The Minister may, under an approved policy— provide scholarships to be competed for by prospective students, or students, of a school in receipt of subsidy; or pay an allowance to the governing body of a non-State school in receipt of subsidy for its use in the operation of the school; or pay an allowance to a person to offset the person’s costs in attending a State school or non-State school; or pay an allowance to a person to offset the person’s costs in receiving home education under chapter 9 , part 5 ; or pay an allowance to a person operating a student hostel to defray the costs of operating the hostel; or pay an allowance or subsidy to a person to offset the person’s costs in participating in a distance education kindergarten learning program under chapter 19 , part 1A . computer hardware, internet or phone expenses\n(sec.368-ssec.2) An allowance paid to the governing body of a non-State school under subsection (1) (b) is subject to a condition that the governing body must repay an overpayment to the State in accordance with an approved policy.\n(sec.368-ssec.2A) The Minister may pay an allowance under subsection (1) (b) on any other reasonable conditions the Minister considers appropriate.\n(sec.368-ssec.2B) If an overpayment is made to a governing body, the amount of the overpayment is a debt owed by the governing body to the State and may be recovered from the governing body by the chief executive.\n(sec.368-ssec.3) In this section— student hostel means a hostel for the accommodation of students attending a school in receipt of subsidy.\n- (a) provide scholarships to be competed for by prospective students, or students, of a school in receipt of subsidy; or\n- (b) pay an allowance to the governing body of a non-State school in receipt of subsidy for its use in the operation of the school; or\n- (c) pay an allowance to a person to offset the person’s costs in attending a State school or non-State school; or\n- (d) pay an allowance to a person to offset the person’s costs in receiving home education under chapter 9 , part 5 ; or\n- (e) pay an allowance to a person operating a student hostel to defray the costs of operating the hostel; or\n- (f) pay an allowance or subsidy to a person to offset the person’s costs in participating in a distance education kindergarten learning program under chapter 19 , part 1A . Example of costs that may be offset for paragraph (f) — computer hardware, internet or phone expenses","sortOrder":543},{"sectionNumber":"sec.369","sectionType":"section","heading":"Minister’s policy","content":"### sec.369 Minister’s policy\n\nThe Minister may approve a policy about the following—\nthe criteria to be satisfied for the provision of a scholarship, or payment of an allowance, under section 368 ;\nthe basis for calculating the amount of the scholarship or allowance;\nhow a person may apply to the Minister for the scholarship or allowance;\nhow to deal with an amount the Minister considers is an overpayment, including—\na thing required to be done by an overpaid governing body in relation to repaying the overpayment to the State; and\na process to be followed by the State to recover an overpayment from an overpaid governing body.\nThe chief executive must keep a copy of a policy approved under subsection (1) available for inspection and permit a person—\nto inspect the policy without fee; and\nto take extracts from the policy without fee.\nFor subsection (2) —\na copy of the policy—\nmust be kept at the head office of the department; and\nmay be kept at any other place the chief executive considers appropriate; and\nthe copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\nAlso, the chief executive must keep a copy of a policy approved under subsection (1) available for supply to a person and permit a person to obtain a copy of the policy, or a part of the policy, without fee.\nIn addition, the chief executive must keep a copy of a policy approved under subsection (1) on the department’s website.\ns 369 amd 2016 No. 46 s 13 ; 2018 No. 1 s 150 sch 2\n(sec.369-ssec.1) The Minister may approve a policy about the following— the criteria to be satisfied for the provision of a scholarship, or payment of an allowance, under section 368 ; the basis for calculating the amount of the scholarship or allowance; how a person may apply to the Minister for the scholarship or allowance; how to deal with an amount the Minister considers is an overpayment, including— a thing required to be done by an overpaid governing body in relation to repaying the overpayment to the State; and a process to be followed by the State to recover an overpayment from an overpaid governing body.\n(sec.369-ssec.2) The chief executive must keep a copy of a policy approved under subsection (1) available for inspection and permit a person— to inspect the policy without fee; and to take extracts from the policy without fee.\n(sec.369-ssec.3) For subsection (2) — a copy of the policy— must be kept at the head office of the department; and may be kept at any other place the chief executive considers appropriate; and the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\n(sec.369-ssec.4) Also, the chief executive must keep a copy of a policy approved under subsection (1) available for supply to a person and permit a person to obtain a copy of the policy, or a part of the policy, without fee.\n(sec.369-ssec.5) In addition, the chief executive must keep a copy of a policy approved under subsection (1) on the department’s website.\n- (a) the criteria to be satisfied for the provision of a scholarship, or payment of an allowance, under section 368 ;\n- (b) the basis for calculating the amount of the scholarship or allowance;\n- (c) how a person may apply to the Minister for the scholarship or allowance;\n- (d) how to deal with an amount the Minister considers is an overpayment, including— (i) a thing required to be done by an overpaid governing body in relation to repaying the overpayment to the State; and (ii) a process to be followed by the State to recover an overpayment from an overpaid governing body.\n- (i) a thing required to be done by an overpaid governing body in relation to repaying the overpayment to the State; and\n- (ii) a process to be followed by the State to recover an overpayment from an overpaid governing body.\n- (i) a thing required to be done by an overpaid governing body in relation to repaying the overpayment to the State; and\n- (ii) a process to be followed by the State to recover an overpayment from an overpaid governing body.\n- (a) to inspect the policy without fee; and\n- (b) to take extracts from the policy without fee.\n- (a) a copy of the policy— (i) must be kept at the head office of the department; and (ii) may be kept at any other place the chief executive considers appropriate; and\n- (i) must be kept at the head office of the department; and\n- (ii) may be kept at any other place the chief executive considers appropriate; and\n- (b) the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\n- (i) must be kept at the head office of the department; and\n- (ii) may be kept at any other place the chief executive considers appropriate; and","sortOrder":544},{"sectionNumber":"sec.369A","sectionType":"section","heading":"Arrangements with funded entities","content":"### sec.369A Arrangements with funded entities\n\nThis section applies if—\nthe Commonwealth Minister makes a determination under the Commonwealth Act , section 110 (1) (a) that the State must pay to the Commonwealth a specified amount; and\nthe Commonwealth Minister makes the determination mentioned in paragraph (a) as a result of—\nnon-compliance or a breach mentioned in the Commonwealth Act , section 108 by a funded entity; or\na payment mentioned in the Commonwealth Act , section 109 made to the State for a funded entity.\nThe purpose of this section is to provide for an arrangement between the State and the funded entity for the purposes of the Australian Education Regulation 2013 (Cwlth) , section 11 (2) .\nAn arrangement is taken to be in place between the State and the funded entity providing that the amount mentioned in subsection (1) (a) —\nis a debt owing to the State by the funded entity; and\nmay be recovered by the State from the funded entity as a debt.\nIn this section—\nCommonwealth Act means the Australian Education Act 2013 (Cwlth) .\nCommonwealth Minister means the Minister of the Commonwealth administering the Commonwealth Act .\nfunded entity means an authority or body mentioned in the Commonwealth Act , section 108 .\ns 369A ins 2016 No. 46 s 14\n(sec.369A-ssec.1) This section applies if— the Commonwealth Minister makes a determination under the Commonwealth Act , section 110 (1) (a) that the State must pay to the Commonwealth a specified amount; and the Commonwealth Minister makes the determination mentioned in paragraph (a) as a result of— non-compliance or a breach mentioned in the Commonwealth Act , section 108 by a funded entity; or a payment mentioned in the Commonwealth Act , section 109 made to the State for a funded entity.\n(sec.369A-ssec.2) The purpose of this section is to provide for an arrangement between the State and the funded entity for the purposes of the Australian Education Regulation 2013 (Cwlth) , section 11 (2) .\n(sec.369A-ssec.3) An arrangement is taken to be in place between the State and the funded entity providing that the amount mentioned in subsection (1) (a) — is a debt owing to the State by the funded entity; and may be recovered by the State from the funded entity as a debt.\n(sec.369A-ssec.4) In this section— Commonwealth Act means the Australian Education Act 2013 (Cwlth) . Commonwealth Minister means the Minister of the Commonwealth administering the Commonwealth Act . funded entity means an authority or body mentioned in the Commonwealth Act , section 108 .\n- (a) the Commonwealth Minister makes a determination under the Commonwealth Act , section 110 (1) (a) that the State must pay to the Commonwealth a specified amount; and\n- (b) the Commonwealth Minister makes the determination mentioned in paragraph (a) as a result of— (i) non-compliance or a breach mentioned in the Commonwealth Act , section 108 by a funded entity; or (ii) a payment mentioned in the Commonwealth Act , section 109 made to the State for a funded entity.\n- (i) non-compliance or a breach mentioned in the Commonwealth Act , section 108 by a funded entity; or\n- (ii) a payment mentioned in the Commonwealth Act , section 109 made to the State for a funded entity.\n- (i) non-compliance or a breach mentioned in the Commonwealth Act , section 108 by a funded entity; or\n- (ii) a payment mentioned in the Commonwealth Act , section 109 made to the State for a funded entity.\n- (a) is a debt owing to the State by the funded entity; and\n- (b) may be recovered by the State from the funded entity as a debt.","sortOrder":545},{"sectionNumber":"ch.13-pt.3","sectionType":"part","heading":"Financial data","content":"# Financial data","sortOrder":546},{"sectionNumber":"sec.370","sectionType":"section","heading":"Requirement to give financial data","content":"### sec.370 Requirement to give financial data\n\nThe purpose of this section is to enable the Minister to obtain information in relation to a non-State school in receipt of subsidy for deciding the amount of an allowance payable under section 368 (1) (b) .\nThe governing body of a non-State school in receipt of subsidy must on or before the day prescribed under a regulation give the Minister financial data, for the school, relating to the previous year of operation of the school.\nThe data must be provided in the approved form.\nThe source of the data must be the audited financial statements for the school’s governing body for the relevant year.\nSubsection (1) does not limit the matters the Minister may have regard to in deciding the amount of an allowance payable under section 368 (1) (b) .\nSubsection (2) does not apply if the school has been in operation for less than the whole of the relevant year.\nIf the governing body does not comply with this section, the noncompliance is a ground for suspending payment of the allowance.\ns 370 amd 2017 No. 24 s 220\n(sec.370-ssec.1) The purpose of this section is to enable the Minister to obtain information in relation to a non-State school in receipt of subsidy for deciding the amount of an allowance payable under section 368 (1) (b) .\n(sec.370-ssec.2) The governing body of a non-State school in receipt of subsidy must on or before the day prescribed under a regulation give the Minister financial data, for the school, relating to the previous year of operation of the school.\n(sec.370-ssec.3) The data must be provided in the approved form.\n(sec.370-ssec.4) The source of the data must be the audited financial statements for the school’s governing body for the relevant year.\n(sec.370-ssec.5) Subsection (1) does not limit the matters the Minister may have regard to in deciding the amount of an allowance payable under section 368 (1) (b) .\n(sec.370-ssec.6) Subsection (2) does not apply if the school has been in operation for less than the whole of the relevant year.\n(sec.370-ssec.7) If the governing body does not comply with this section, the noncompliance is a ground for suspending payment of the allowance.","sortOrder":547},{"sectionNumber":"sec.371","sectionType":"section","heading":"Further information or documents relating to financial data","content":"### sec.371 Further information or documents relating to financial data\n\nThis section applies to the governing body of a non-State school that has given financial data for the school to the Minister under section 370 .\nThe Minister may by notice given to the governing body require it to give the Minister, within a reasonable time of at least 28 days stated in the notice, further information or a document the Minister reasonably requires about the data.\nThe governing body must comply with the requirement within the stated time.\n(sec.371-ssec.1) This section applies to the governing body of a non-State school that has given financial data for the school to the Minister under section 370 .\n(sec.371-ssec.2) The Minister may by notice given to the governing body require it to give the Minister, within a reasonable time of at least 28 days stated in the notice, further information or a document the Minister reasonably requires about the data.\n(sec.371-ssec.3) The governing body must comply with the requirement within the stated time.","sortOrder":548},{"sectionNumber":"sec.372","sectionType":"section","heading":"False or misleading information or documents","content":"### sec.372 False or misleading information or documents\n\nA school’s governing body must not under section 370 or 371 give information to the Minister the governing body knows is false or misleading in a material particular.\nMaximum penalty—20 penalty units.\nA non-State school’s governing body must not under section 370 or 371 give the Minister a document containing information the governing body knows is false or misleading in a material particular.\nMaximum penalty—20 penalty units.\nSubsection (2) does not apply to a school’s governing body if the governing body, when giving the document—\ntells the Minister, to the best of the governing body’s ability, how it is false or misleading; and\nif the governing body has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.372-ssec.1) A school’s governing body must not under section 370 or 371 give information to the Minister the governing body knows is false or misleading in a material particular. Maximum penalty—20 penalty units.\n(sec.372-ssec.2) A non-State school’s governing body must not under section 370 or 371 give the Minister a document containing information the governing body knows is false or misleading in a material particular. Maximum penalty—20 penalty units.\n(sec.372-ssec.3) Subsection (2) does not apply to a school’s governing body if the governing body, when giving the document— tells the Minister, to the best of the governing body’s ability, how it is false or misleading; and if the governing body has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the Minister, to the best of the governing body’s ability, how it is false or misleading; and\n- (b) if the governing body has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":549},{"sectionNumber":"sec.373","sectionType":"section","heading":"Confidentiality of financial data","content":"### sec.373 Confidentiality of financial data\n\nThis section applies to the following persons—\na person who is, or was, the Minister;\nanother person who is, or was, involved in the administration of this part, including, for example, as a public service employee.\nThe person must not disclose protected information to anyone else.\nMaximum penalty—50 penalty units.\nSubsection (2) does not apply if—\nthe information is disclosed—\nin the performance of functions under this part; or\nunder section 425A ; or\nwith the written consent of the governing body of the school to which the information relates; or\nthe information is otherwise publicly available; or\nthe disclosure of the information is permitted or required under an Act or other law.\nIn this section—\nprotected information means information disclosed to, or obtained by, a person to whom this section applies under section 370 or 371 .\ns 373 amd 2017 No. 24 s 221\n(sec.373-ssec.1) This section applies to the following persons— a person who is, or was, the Minister; another person who is, or was, involved in the administration of this part, including, for example, as a public service employee.\n(sec.373-ssec.2) The person must not disclose protected information to anyone else. Maximum penalty—50 penalty units.\n(sec.373-ssec.3) Subsection (2) does not apply if— the information is disclosed— in the performance of functions under this part; or under section 425A ; or with the written consent of the governing body of the school to which the information relates; or the information is otherwise publicly available; or the disclosure of the information is permitted or required under an Act or other law.\n(sec.373-ssec.4) In this section— protected information means information disclosed to, or obtained by, a person to whom this section applies under section 370 or 371 .\n- (a) a person who is, or was, the Minister;\n- (b) another person who is, or was, involved in the administration of this part, including, for example, as a public service employee.\n- (a) the information is disclosed— (i) in the performance of functions under this part; or (ii) under section 425A ; or (iii) with the written consent of the governing body of the school to which the information relates; or\n- (i) in the performance of functions under this part; or\n- (ii) under section 425A ; or\n- (iii) with the written consent of the governing body of the school to which the information relates; or\n- (b) the information is otherwise publicly available; or\n- (c) the disclosure of the information is permitted or required under an Act or other law.\n- (i) in the performance of functions under this part; or\n- (ii) under section 425A ; or\n- (iii) with the written consent of the governing body of the school to which the information relates; or","sortOrder":550},{"sectionNumber":"ch.13-pt.4","sectionType":"part","heading":"Giving of allowance acquittal details","content":"# Giving of allowance acquittal details","sortOrder":551},{"sectionNumber":"sec.374","sectionType":"section","heading":"Allowance acquittal details","content":"### sec.374 Allowance acquittal details\n\nThis section applies to a non-State school for which an allowance is being paid under section 368 (1) (b) .\nWithin 6 months after the end of each year, the school’s governing body must, in the approved form, give the Minister allowance acquittal details for the school for the year.\nThe governing body must ensure the allowance acquittal details for the school for the year are approved by an accountant.\nWithout limiting subsection (2) , the governing body is taken to comply with subsection (2) if the details are given to the Minister, on the governing body’s behalf, by an authorised nominee of the governing body.\nIf the governing body does not comply with this section, the noncompliance is a ground for suspending payment of the allowance.\nIn this section—\naccountant means—\na member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or\na member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or\na member of the Institute of Public Accountants who is entitled to use the words ‘MIPA’ or ‘FIPA’.\ns 374 amd 2017 No. 24 s 222\n(sec.374-ssec.1) This section applies to a non-State school for which an allowance is being paid under section 368 (1) (b) .\n(sec.374-ssec.2) Within 6 months after the end of each year, the school’s governing body must, in the approved form, give the Minister allowance acquittal details for the school for the year.\n(sec.374-ssec.2A) The governing body must ensure the allowance acquittal details for the school for the year are approved by an accountant.\n(sec.374-ssec.3) Without limiting subsection (2) , the governing body is taken to comply with subsection (2) if the details are given to the Minister, on the governing body’s behalf, by an authorised nominee of the governing body.\n(sec.374-ssec.4) If the governing body does not comply with this section, the noncompliance is a ground for suspending payment of the allowance.\n(sec.374-ssec.5) In this section— accountant means— a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or a member of the Institute of Public Accountants who is entitled to use the words ‘MIPA’ or ‘FIPA’.\n- (a) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or\n- (b) a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or\n- (c) a member of the Institute of Public Accountants who is entitled to use the words ‘MIPA’ or ‘FIPA’.","sortOrder":552},{"sectionNumber":"sec.375","sectionType":"section","heading":"Minister may suspend allowances","content":"### sec.375 Minister may suspend allowances\n\nThis section applies if the Minister believes a ground mentioned in section 370 (7) or 374 (4) exists for suspending payment of the allowance.\nThe Minister must decide whether payment of the allowance should be suspended.\nIf the Minister decides that payment of the allowance should be suspended, the Minister must as soon as practicable give the board and governing body notice of the decision and reasons for the decision.\nThe notice must state the day from which the suspension starts.\ns 375 sub 2017 No. 24 s 223\n(sec.375-ssec.1) This section applies if the Minister believes a ground mentioned in section 370 (7) or 374 (4) exists for suspending payment of the allowance.\n(sec.375-ssec.2) The Minister must decide whether payment of the allowance should be suspended.\n(sec.375-ssec.3) If the Minister decides that payment of the allowance should be suspended, the Minister must as soon as practicable give the board and governing body notice of the decision and reasons for the decision.\n(sec.375-ssec.4) The notice must state the day from which the suspension starts.","sortOrder":553},{"sectionNumber":"sec.376","sectionType":"section","heading":"Minister must pay suspended allowances if allowance acquittal details given","content":"### sec.376 Minister must pay suspended allowances if allowance acquittal details given\n\nThis section applies if—\nthe Minister suspends payment of an allowance to a governing body under section 375 ; and\nafter the payment is suspended, the governing body gives the Minister the financial data or allowance acquittal details relating to the ground for suspending payment of the allowance.\nThe Minister must pay the governing body the amount of the allowance that was not paid because of the suspension.\ns 376 sub 2017 No. 24 s 223\n(sec.376-ssec.1) This section applies if— the Minister suspends payment of an allowance to a governing body under section 375 ; and after the payment is suspended, the governing body gives the Minister the financial data or allowance acquittal details relating to the ground for suspending payment of the allowance.\n(sec.376-ssec.2) The Minister must pay the governing body the amount of the allowance that was not paid because of the suspension.\n- (a) the Minister suspends payment of an allowance to a governing body under section 375 ; and\n- (b) after the payment is suspended, the governing body gives the Minister the financial data or allowance acquittal details relating to the ground for suspending payment of the allowance.","sortOrder":554},{"sectionNumber":"sec.377","sectionType":"section","heading":null,"content":"### Section sec.377\n\ns 377 om 2017 No. 24 s 223","sortOrder":555},{"sectionNumber":"sec.378","sectionType":"section","heading":null,"content":"### Section sec.378\n\ns 378 om 2017 No. 24 s 223","sortOrder":556},{"sectionNumber":"sec.379","sectionType":"section","heading":null,"content":"### Section sec.379\n\ns 379 om 2017 No. 24 s 223","sortOrder":557},{"sectionNumber":"sec.380","sectionType":"section","heading":null,"content":"### Section sec.380\n\ns 380 om 2017 No. 24 s 223","sortOrder":558},{"sectionNumber":"sec.381","sectionType":"section","heading":null,"content":"### Section sec.381\n\ns 381 om 2017 No. 24 s 223","sortOrder":559},{"sectionNumber":"ch.13-pt.5","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":560},{"sectionNumber":"sec.382","sectionType":"section","heading":"False or misleading statement","content":"### sec.382 False or misleading statement\n\nA person must not, for the purpose of obtaining a scholarship or allowance mentioned in section 368 (1) , give information to the Minister or chief executive the person knows is false or misleading in a material particular.\nMaximum penalty—5 penalty units.\nA person must not, for the purpose of obtaining a scholarship or allowance mentioned in section 368 (1) , give the Minister or chief executive a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—5 penalty units.\nIn giving the Minister the allowance acquittal details for a non-State school, a person must not give information the person knows is false or misleading in a material particular.\nMaximum penalty—20 penalty units.\nIn giving the Minister the allowance acquittal details for a non-State school, a person must not give a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—20 penalty units.\nSubsections (2) and (4) do not apply to a person if the person, when giving the document—\ntells the Minister or chief executive, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\ns 382 amd 2017 No. 24 s 224\n(sec.382-ssec.1) A person must not, for the purpose of obtaining a scholarship or allowance mentioned in section 368 (1) , give information to the Minister or chief executive the person knows is false or misleading in a material particular. Maximum penalty—5 penalty units.\n(sec.382-ssec.2) A person must not, for the purpose of obtaining a scholarship or allowance mentioned in section 368 (1) , give the Minister or chief executive a document containing information the person knows is false or misleading in a material particular. Maximum penalty—5 penalty units.\n(sec.382-ssec.3) In giving the Minister the allowance acquittal details for a non-State school, a person must not give information the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units.\n(sec.382-ssec.4) In giving the Minister the allowance acquittal details for a non-State school, a person must not give a document containing information the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units.\n(sec.382-ssec.5) Subsections (2) and (4) do not apply to a person if the person, when giving the document— tells the Minister or chief executive, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the Minister or chief executive, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":561},{"sectionNumber":"ch.14-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":562},{"sectionNumber":"sec.383","sectionType":"section","heading":"Definition for ch 14","content":"### sec.383 Definition for ch 14\n\nIn this chapter—\nrelevant person , for a student of a State school or non-State school, means—\nif the student is a child—a parent of the student; or\nif the student is an adult—the student.\ns 383 sub 2025 No. 24 s 34 (uncommenced amendment)\n- (a) if the student is a child—a parent of the student; or\n- (b) if the student is an adult—the student.","sortOrder":563},{"sectionNumber":"sec.384","sectionType":"section","heading":"Meaning of transfer note","content":"### sec.384 Meaning of transfer note\n\nA transfer note , for a former student or continuing student of a State school or non-State school, means a document in the approved form containing the information, including personal information, about the former student or continuing student of the type prescribed under a regulation.\nWithout limiting subsection (1) , a transfer note , for a former student or continuing student of a State school or non-State school, may include information about—\nthe results of the assessment of the former student or continuing student in school studies; and\nbehavioural issues relating to the former student or continuing student identified during the former student’s, or continuing student’s, attendance at a State school or non-State school.\nInformation in a transfer note must be factual, succinct and objective.\ns 384 amd 2006 No. 55 s 19\nsub 2025 No. 24 s 34 (uncommenced amendment)\n(sec.384-ssec.1) A transfer note , for a former student or continuing student of a State school or non-State school, means a document in the approved form containing the information, including personal information, about the former student or continuing student of the type prescribed under a regulation.\n(sec.384-ssec.2) Without limiting subsection (1) , a transfer note , for a former student or continuing student of a State school or non-State school, may include information about— the results of the assessment of the former student or continuing student in school studies; and behavioural issues relating to the former student or continuing student identified during the former student’s, or continuing student’s, attendance at a State school or non-State school.\n(sec.384-ssec.3) Information in a transfer note must be factual, succinct and objective.\n- (a) the results of the assessment of the former student or continuing student in school studies; and\n- (b) behavioural issues relating to the former student or continuing student identified during the former student’s, or continuing student’s, attendance at a State school or non-State school.","sortOrder":564},{"sectionNumber":"sec.385","sectionType":"section","heading":"Purpose of giving transfer note","content":"### sec.385 Purpose of giving transfer note\n\nThe purpose of giving the principal of a State school or non-State school a transfer note about a former student or continuing student of another State school or non-State school under this chapter is to provide information to the principal that will help the principal—\nensure continuity of the student’s educational program; and\nmeet the principal’s duty of care obligations in relation to the student and the school community.\ns 385 sub 2025 No. 24 s 34 (uncommenced amendment)\n- (a) ensure continuity of the student’s educational program; and\n- (b) meet the principal’s duty of care obligations in relation to the student and the school community.","sortOrder":565},{"sectionNumber":"ch.14-pt.2","sectionType":"part","heading":"Request for transfer notes","content":"# Request for transfer notes","sortOrder":566},{"sectionNumber":"sec.386","sectionType":"section","heading":"Cessation of enrolment","content":"### sec.386 Cessation of enrolment\n\nSubject to subsection (3) , subsection (2) applies if—\nthe enrolment of a student (the former student ) of a State school or non-State school is ceased at the request of the relevant person for the former student; and\nthe relevant person for the former student, at the time of the request to cease enrolment, asks the school’s principal to give the relevant person for the former student a transfer note for the former student.\nThe school’s principal must, as soon as practicable after cessation of the enrolment, prepare a transfer note for the former student and give the relevant person for the former student—\nthe transfer note; and\ncopies of the documents relating to the former student mentioned in the transfer note.\nHowever, subsection (4) applies if—\nthe relevant person for the former student is a parent of the student; and\nthe principal is reasonably satisfied it would be inappropriate to allow the parent to request that the enrolment cease or receive the transfer note and copies of the documents; and\nIt may be inappropriate for the parent to request that the enrolment cease or receive the transfer note and copies of the documents if the former student is living independently of his or her parents.\nthe enrolment is ceased at the request of the former student; and\nthe former student, at the time of the request to cease enrolment, asks the school’s principal to give the former student a transfer note for the former student.\nThe school’s principal must, as soon as practicable after cessation of the enrolment, prepare a transfer note for the former student and give to the former student—\nthe transfer note; and\ncopies of the documents relating to the former student mentioned in the transfer note.\ns 386 sub 2025 No. 24 s 34 (uncommenced amendment)\n_____\nch 14 pt 2 div 2 hdg ins 2025 No. 24 s 34 (uncommenced amendment)\n(sec.386-ssec.1) Subject to subsection (3) , subsection (2) applies if— the enrolment of a student (the former student ) of a State school or non-State school is ceased at the request of the relevant person for the former student; and the relevant person for the former student, at the time of the request to cease enrolment, asks the school’s principal to give the relevant person for the former student a transfer note for the former student.\n(sec.386-ssec.2) The school’s principal must, as soon as practicable after cessation of the enrolment, prepare a transfer note for the former student and give the relevant person for the former student— the transfer note; and copies of the documents relating to the former student mentioned in the transfer note.\n(sec.386-ssec.3) However, subsection (4) applies if— the relevant person for the former student is a parent of the student; and the principal is reasonably satisfied it would be inappropriate to allow the parent to request that the enrolment cease or receive the transfer note and copies of the documents; and It may be inappropriate for the parent to request that the enrolment cease or receive the transfer note and copies of the documents if the former student is living independently of his or her parents. the enrolment is ceased at the request of the former student; and the former student, at the time of the request to cease enrolment, asks the school’s principal to give the former student a transfer note for the former student.\n(sec.386-ssec.4) The school’s principal must, as soon as practicable after cessation of the enrolment, prepare a transfer note for the former student and give to the former student— the transfer note; and copies of the documents relating to the former student mentioned in the transfer note.\n- (a) the enrolment of a student (the former student ) of a State school or non-State school is ceased at the request of the relevant person for the former student; and\n- (b) the relevant person for the former student, at the time of the request to cease enrolment, asks the school’s principal to give the relevant person for the former student a transfer note for the former student.\n- (a) the transfer note; and\n- (b) copies of the documents relating to the former student mentioned in the transfer note.\n- (a) the relevant person for the former student is a parent of the student; and\n- (b) the principal is reasonably satisfied it would be inappropriate to allow the parent to request that the enrolment cease or receive the transfer note and copies of the documents; and Example— It may be inappropriate for the parent to request that the enrolment cease or receive the transfer note and copies of the documents if the former student is living independently of his or her parents.\n- (c) the enrolment is ceased at the request of the former student; and\n- (d) the former student, at the time of the request to cease enrolment, asks the school’s principal to give the former student a transfer note for the former student.\n- (a) the transfer note; and\n- (b) copies of the documents relating to the former student mentioned in the transfer note.","sortOrder":567},{"sectionNumber":"sec.387","sectionType":"section","heading":"Application for enrolment","content":"### sec.387 Application for enrolment\n\nSubsection (3) applies if—\nthe enrolment of a student (the former student ) at a State school or non-State school (the previous school ) has ceased and the former student has not been enrolled at a State school or non-State school since the cessation; and\nan application for the enrolment of the former student at a State school or non-State school (the new school ) has been made.\nSubsection (3) also applies if—\nthe enrolment of a student (the continuing student ) at a State school or non-State school (also the previous school ) is continuing; and\nan application for the enrolment of the continuing student at a State school or non-State school (also the new school ) has been made.\nThe new school’s principal may give the previous school’s principal a notice (the first notice ), asking the previous school’s principal to give the new school’s principal a transfer note for the former student or continuing student.\nWithin 10 school days after being given the first notice, the previous school’s principal must prepare a transfer note for the former student or continuing student and give to the new school’s principal—\nthe transfer note; and\ncopies of the documents relating to the former student or continuing student mentioned in the transfer note.\nThe new school’s principal must, at the time of giving the first notice, also notify the relevant person for the former student or continuing student that the first notice has been given.\nHowever, if the relevant person for the former student or continuing student is a parent of the former student or continuing student, subsection (5) does not apply if the new school’s principal is reasonably satisfied it would be inappropriate in the circumstances to notify the parent that the first notice has been given.\nIt may be inappropriate, in certain circumstances, to notify a parent of the former student or continuing student that the first notice has been given if the former student or continuing student is living independently of his or her parents.\nIf subsection (6) applies, the new school’s principal must notify the former student or continuing student that the first notice has been given.\nIf requested by the relevant person for the former student or continuing student, the new school’s principal must, as soon as practicable after receiving the transfer note and copies of the documents mentioned in subsection (4) (b) , give the relevant person for the student—\na copy of the transfer note; and\ncopies of the documents.\nHowever, if the relevant person for the former student or continuing student is a parent of the former student or continuing student, subsection (8) does not apply if the new school’s principal is reasonably satisfied it would be inappropriate in the circumstances to allow the parent to receive a copy of the transfer note and copies of the documents.\nIt may be inappropriate, in certain circumstances, to allow a parent of the former student or continuing student to receive a copy of the transfer note and copies of the documents if the former student or continuing student is living independently of his or her parents.\nIf subsection (9) applies, the new school’s principal must, as soon as practicable after receiving the transfer note and copies of the documents mentioned in subsection (4) (b) , give the former student or continuing student—\na copy of the transfer note; and\ncopies of the documents.\ns 387 sub 2025 No. 24 s 34 (uncommenced amendment)\n(sec.387-ssec.1) Subsection (3) applies if— the enrolment of a student (the former student ) at a State school or non-State school (the previous school ) has ceased and the former student has not been enrolled at a State school or non-State school since the cessation; and an application for the enrolment of the former student at a State school or non-State school (the new school ) has been made.\n(sec.387-ssec.2) Subsection (3) also applies if— the enrolment of a student (the continuing student ) at a State school or non-State school (also the previous school ) is continuing; and an application for the enrolment of the continuing student at a State school or non-State school (also the new school ) has been made.\n(sec.387-ssec.3) The new school’s principal may give the previous school’s principal a notice (the first notice ), asking the previous school’s principal to give the new school’s principal a transfer note for the former student or continuing student.\n(sec.387-ssec.4) Within 10 school days after being given the first notice, the previous school’s principal must prepare a transfer note for the former student or continuing student and give to the new school’s principal— the transfer note; and copies of the documents relating to the former student or continuing student mentioned in the transfer note.\n(sec.387-ssec.5) The new school’s principal must, at the time of giving the first notice, also notify the relevant person for the former student or continuing student that the first notice has been given.\n(sec.387-ssec.6) However, if the relevant person for the former student or continuing student is a parent of the former student or continuing student, subsection (5) does not apply if the new school’s principal is reasonably satisfied it would be inappropriate in the circumstances to notify the parent that the first notice has been given. It may be inappropriate, in certain circumstances, to notify a parent of the former student or continuing student that the first notice has been given if the former student or continuing student is living independently of his or her parents.\n(sec.387-ssec.7) If subsection (6) applies, the new school’s principal must notify the former student or continuing student that the first notice has been given.\n(sec.387-ssec.8) If requested by the relevant person for the former student or continuing student, the new school’s principal must, as soon as practicable after receiving the transfer note and copies of the documents mentioned in subsection (4) (b) , give the relevant person for the student— a copy of the transfer note; and copies of the documents.\n(sec.387-ssec.9) However, if the relevant person for the former student or continuing student is a parent of the former student or continuing student, subsection (8) does not apply if the new school’s principal is reasonably satisfied it would be inappropriate in the circumstances to allow the parent to receive a copy of the transfer note and copies of the documents. It may be inappropriate, in certain circumstances, to allow a parent of the former student or continuing student to receive a copy of the transfer note and copies of the documents if the former student or continuing student is living independently of his or her parents.\n(sec.387-ssec.10) If subsection (9) applies, the new school’s principal must, as soon as practicable after receiving the transfer note and copies of the documents mentioned in subsection (4) (b) , give the former student or continuing student— a copy of the transfer note; and copies of the documents.\n- (a) the enrolment of a student (the former student ) at a State school or non-State school (the previous school ) has ceased and the former student has not been enrolled at a State school or non-State school since the cessation; and\n- (b) an application for the enrolment of the former student at a State school or non-State school (the new school ) has been made.\n- (a) the enrolment of a student (the continuing student ) at a State school or non-State school (also the previous school ) is continuing; and\n- (b) an application for the enrolment of the continuing student at a State school or non-State school (also the new school ) has been made.\n- (a) the transfer note; and\n- (b) copies of the documents relating to the former student or continuing student mentioned in the transfer note.\n- (a) a copy of the transfer note; and\n- (b) copies of the documents.\n- (a) a copy of the transfer note; and\n- (b) copies of the documents.","sortOrder":568},{"sectionNumber":"sec.388","sectionType":"section","heading":"Transfer of records between State schools","content":"### sec.388 Transfer of records between State schools\n\nThis section applies if the enrolment of a student (the former student ) at a State school (the previous school ) has ceased and the former student is later enrolled at another State school (the new school ).\nThis part does not prevent the former school’s principal transferring records, in the possession of the former school’s principal, relating to the former student to the new school’s principal.\ns 388 sub 2025 No. 24 s 34 (uncommenced amendment)\n_____\nss 388A–388D ins 2025 No. 24 s 34 (uncommenced amendment)\nch 14 pt 2 div 3 (s 388E) ins 2025 No. 24 s 34 (uncommenced amendment)\n(sec.388-ssec.1) This section applies if the enrolment of a student (the former student ) at a State school (the previous school ) has ceased and the former student is later enrolled at another State school (the new school ).\n(sec.388-ssec.2) This part does not prevent the former school’s principal transferring records, in the possession of the former school’s principal, relating to the former student to the new school’s principal.","sortOrder":569},{"sectionNumber":"ch.14-pt.3","sectionType":"part","heading":"Protection from liability","content":"# Protection from liability","sortOrder":570},{"sectionNumber":"sec.389","sectionType":"section","heading":"Protection from liability","content":"### sec.389 Protection from liability\n\nA non-State school’s principal is not civilly liable for an act done, or omission made, honestly and without negligence under this chapter.\nFor protection from civil liability in relation to a State school’s principal—see the Public Sector Act 2022 , section 269 .\nIf subsection (1) prevents a civil liability attaching to a non-State school’s principal, the liability attaches instead to the school’s governing body.\ns 389 sub 2014 No. 62 s 49\namd 2022 No. 34 s 365 sch 3\n(sec.389-ssec.1) A non-State school’s principal is not civilly liable for an act done, or omission made, honestly and without negligence under this chapter. For protection from civil liability in relation to a State school’s principal—see the Public Sector Act 2022 , section 269 .\n(sec.389-ssec.2) If subsection (1) prevents a civil liability attaching to a non-State school’s principal, the liability attaches instead to the school’s governing body.","sortOrder":571},{"sectionNumber":"ch.15-pt.1","sectionType":"part","heading":"Internal reviews of decisions by chief executive","content":"# Internal reviews of decisions by chief executive","sortOrder":572},{"sectionNumber":"sec.390","sectionType":"section","heading":"Who may apply for review","content":"### sec.390 Who may apply for review\n\nA person who is given, or is entitled to be given, an information notice for a decision (the original decision ) and who is dissatisfied with the decision may apply to the chief executive for a review of the decision.","sortOrder":573},{"sectionNumber":"sec.391","sectionType":"section","heading":"Application for review","content":"### sec.391 Application for review\n\nThe application must be made—\nif the person is given an information notice about the decision—within 30 school days after the person is given the information notice; or\notherwise—within 30 school days after the person otherwise becomes aware of the decision.\nThe chief executive may extend the time for making the application.\nThe application must be in the approved form and supported by enough information to enable the chief executive to decide the application.\n(sec.391-ssec.1) The application must be made— if the person is given an information notice about the decision—within 30 school days after the person is given the information notice; or otherwise—within 30 school days after the person otherwise becomes aware of the decision.\n(sec.391-ssec.2) The chief executive may extend the time for making the application.\n(sec.391-ssec.3) The application must be in the approved form and supported by enough information to enable the chief executive to decide the application.\n- (a) if the person is given an information notice about the decision—within 30 school days after the person is given the information notice; or\n- (b) otherwise—within 30 school days after the person otherwise becomes aware of the decision.","sortOrder":574},{"sectionNumber":"sec.392","sectionType":"section","heading":"Review decision","content":"### sec.392 Review decision\n\nUnless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by—\nthe person who made the original decision; or\na person in a less senior office in the department than the person who made the original decision.\nWithin 40 school days after the making of the application, the chief executive must review the original decision and make a decision (the review decision )—\nconfirming the original decision; or\namending the original decision; or\nsubstituting another decision for the original decision.\nThe chief executive must make the review decision on the material that led to the original decision and any other material the chief executive considers relevant.\nThe chief executive must, as soon as practicable after making the review decision, give the applicant notice of the review decision.\nIf the review decision is not the decision sought by the applicant, the notice must comply with the QCAT Act , section 157 (2) .\ns 392 amd 2009 No. 24 s 158\n(sec.392-ssec.1) Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by— the person who made the original decision; or a person in a less senior office in the department than the person who made the original decision.\n(sec.392-ssec.2) Within 40 school days after the making of the application, the chief executive must review the original decision and make a decision (the review decision )— confirming the original decision; or amending the original decision; or substituting another decision for the original decision.\n(sec.392-ssec.3) The chief executive must make the review decision on the material that led to the original decision and any other material the chief executive considers relevant.\n(sec.392-ssec.4) The chief executive must, as soon as practicable after making the review decision, give the applicant notice of the review decision.\n(sec.392-ssec.5) If the review decision is not the decision sought by the applicant, the notice must comply with the QCAT Act , section 157 (2) .\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office in the department than the person who made the original decision.\n- (a) confirming the original decision; or\n- (b) amending the original decision; or\n- (c) substituting another decision for the original decision.","sortOrder":575},{"sectionNumber":"ch.15-pt.2","sectionType":"part","heading":"External reviews by QCAT","content":"# External reviews by QCAT","sortOrder":576},{"sectionNumber":"sec.393","sectionType":"section","heading":"Application of pt 2","content":"### sec.393 Application of pt 2\n\nThis part applies if the chief executive makes a review decision and the applicant is dissatisfied with the review decision.","sortOrder":577},{"sectionNumber":"sec.394","sectionType":"section","heading":"External review by QCAT","content":"### sec.394 External review by QCAT\n\nThe applicant may apply, as provided under the QCAT Act , to QCAT for a review of the review decision.\ns 394 sub 2009 No. 24 s 160","sortOrder":578},{"sectionNumber":"sec.395","sectionType":"section","heading":null,"content":"### Section sec.395\n\ns 395 om 2009 No. 24 s 161","sortOrder":579},{"sectionNumber":"ch.15-pt.3","sectionType":"part","heading":"External reviews of particular directions and decision","content":"# External reviews of particular directions and decision","sortOrder":580},{"sectionNumber":"sec.396","sectionType":"section","heading":"Definition for pt 3","content":"### sec.396 Definition for pt 3\n\ns 396 om 2009 No. 24 s 163","sortOrder":581},{"sectionNumber":"sec.397","sectionType":"section","heading":"Who may apply for external review","content":"### sec.397 Who may apply for external review\n\nA person who is given a direction under section 341 or 350 may apply to QCAT for a review of the direction.\nA person who is given written notice of a decision under section 349B may apply to QCAT for a review of the decision.\ns 397 sub 2009 No. 24 s 164 ; 2014 No. 62 s 124\n(sec.397-ssec.1) A person who is given a direction under section 341 or 350 may apply to QCAT for a review of the direction.\n(sec.397-ssec.2) A person who is given written notice of a decision under section 349B may apply to QCAT for a review of the decision.","sortOrder":582},{"sectionNumber":"sec.398","sectionType":"section","heading":"Starting an external review","content":"### sec.398 Starting an external review\n\nThe application under section 397 must be made as provided under the QCAT Act .\ns 398 sub 2009 No. 24 s 165","sortOrder":583},{"sectionNumber":"sec.399","sectionType":"section","heading":null,"content":"### Section sec.399\n\ns 399 om 2009 No. 24 s 166","sortOrder":584},{"sectionNumber":"sec.400","sectionType":"section","heading":null,"content":"### Section sec.400\n\ns 400 om 2009 No. 24 s 166","sortOrder":585},{"sectionNumber":"ch.15-pt.4","sectionType":"part","heading":"External review of decision under section 72 , 154 , 302 (3) or 309 (3)","content":"# External review of decision under section 72 , 154 , 302 (3) or 309 (3)","sortOrder":586},{"sectionNumber":"sec.401","sectionType":"section","heading":"Definition for pt 4","content":"### sec.401 Definition for pt 4\n\nIn this part—\naggrieved person means—\na student aggrieved by the chief executive’s decision under section 72 , other than a student to whom section 72 (3) (b) (i) applies; or\na student aggrieved by the chief executive’s decision under section 302 (3) or 309 (3) to exclude the student from all State schools; or\na person who made a submission to the Minister about the person’s removal from an association and who is aggrieved by the Minister’s decision under section 154 .\ns 401 def aggrieved person amd 2013 No. 59 s 27 ; 2014 No. 62 s 51\ncourt ...\ns 401 def court om 2009 No. 24 s 168 (2)\ns 401 amd 2009 No. 24 s 168 (1)\n- (a) a student aggrieved by the chief executive’s decision under section 72 , other than a student to whom section 72 (3) (b) (i) applies; or\n- (b) a student aggrieved by the chief executive’s decision under section 302 (3) or 309 (3) to exclude the student from all State schools; or\n- (c) a person who made a submission to the Minister about the person’s removal from an association and who is aggrieved by the Minister’s decision under section 154 .","sortOrder":587},{"sectionNumber":"sec.402","sectionType":"section","heading":"Review","content":"### sec.402 Review\n\nAn aggrieved person may apply, as provided under the QCAT Act , to QCAT for a review of the decision about which the person is aggrieved.\ns 402 amd 2009 No. 24 s 169","sortOrder":588},{"sectionNumber":"ch.16-pt.1","sectionType":"part","heading":"Evidence","content":"# Evidence","sortOrder":589},{"sectionNumber":"sec.403","sectionType":"section","heading":"Application of pt 1","content":"### sec.403 Application of pt 1\n\nThis part applies to a proceeding under this Act.","sortOrder":590},{"sectionNumber":"sec.404","sectionType":"section","heading":"Definition for pt 1","content":"### sec.404 Definition for pt 1\n\nIn this part—\nauthorised officer means a person who is an authorised officer under section 178 (6) or 241 (6) .","sortOrder":591},{"sectionNumber":"sec.405","sectionType":"section","heading":"Appointments and authority","content":"### sec.405 Appointments and authority\n\nIt is not necessary to prove the appointment of the chief executive or an authorised officer, or the authority of the chief executive or an authorised officer to do anything under this Act, unless a party to a proceeding under this Act, by reasonable notice, requires proof of the appointment or authority.","sortOrder":592},{"sectionNumber":"sec.406","sectionType":"section","heading":"Signatures","content":"### sec.406 Signatures\n\nA signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be.","sortOrder":593},{"sectionNumber":"sec.407","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.407 Other evidentiary aids\n\nA certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—\na stated document is—\nan approval, decision or requirement made under this Act; or\nan exemption granted under section 185 ; or\nan exemption granted under section 244 ; or\na notice given under this Act;\na stated document is a copy of a document mentioned in paragraph (a) ;\non a stated day, or during a stated period, an authorisation as an authorised officer was, or was not, in force for a stated person;\non a stated day, or during a stated period, an exemption granted under section 185 for a stated child was, or was not, in force;\non a stated day, or during a stated period, an exemption granted under section 244 for a stated young person was, or was not, in force;\non a stated day, a stated person was given a stated notice under this Act;\non a stated day, a stated requirement was made of a stated person;\non a stated day, an institution was—\na State educational institution; or\na State instructional institution; or\na State school.\nIn a proceeding for an offence against section 176 (1) —\na certificate purporting to be signed by a State school’s, or non-State school’s, principal—\nthat a stated child is, or is not, enrolled at the school; or\nstating the details of attendance of a stated child at the school;\nis evidence of the matter; and\na certificate purporting to be signed by the chief executive that the chief executive consents to the bringing of the proceeding is evidence of the consent; and\na statement in a complaint that a child was of compulsory school age at the time of the offence is evidence of the matter.\nA certificate purporting to be signed by a non-State school’s principal and stating any of the following matters is evidence of the matter—\na stated document is an exemption granted by the principal under section 185A or 244A ;\na stated document is a copy of a document mentioned in paragraph (a) ;\non a stated day, or during a stated period, an exemption granted by the principal under section 185A for a stated child was, or was not, in force;\non a stated day, or during a stated period, an exemption granted by the principal under section 244A for a stated young person was, or was not, in force.\ns 407 amd 2014 No. 62 ss 52 , 125\n(sec.407-ssec.1) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— a stated document is— an approval, decision or requirement made under this Act; or an exemption granted under section 185 ; or an exemption granted under section 244 ; or a notice given under this Act; a stated document is a copy of a document mentioned in paragraph (a) ; on a stated day, or during a stated period, an authorisation as an authorised officer was, or was not, in force for a stated person; on a stated day, or during a stated period, an exemption granted under section 185 for a stated child was, or was not, in force; on a stated day, or during a stated period, an exemption granted under section 244 for a stated young person was, or was not, in force; on a stated day, a stated person was given a stated notice under this Act; on a stated day, a stated requirement was made of a stated person; on a stated day, an institution was— a State educational institution; or a State instructional institution; or a State school.\n(sec.407-ssec.2) In a proceeding for an offence against section 176 (1) — a certificate purporting to be signed by a State school’s, or non-State school’s, principal— that a stated child is, or is not, enrolled at the school; or stating the details of attendance of a stated child at the school; is evidence of the matter; and a certificate purporting to be signed by the chief executive that the chief executive consents to the bringing of the proceeding is evidence of the consent; and a statement in a complaint that a child was of compulsory school age at the time of the offence is evidence of the matter.\n(sec.407-ssec.3) A certificate purporting to be signed by a non-State school’s principal and stating any of the following matters is evidence of the matter— a stated document is an exemption granted by the principal under section 185A or 244A ; a stated document is a copy of a document mentioned in paragraph (a) ; on a stated day, or during a stated period, an exemption granted by the principal under section 185A for a stated child was, or was not, in force; on a stated day, or during a stated period, an exemption granted by the principal under section 244A for a stated young person was, or was not, in force.\n- (a) a stated document is— (i) an approval, decision or requirement made under this Act; or (ii) an exemption granted under section 185 ; or (iii) an exemption granted under section 244 ; or (iv) a notice given under this Act;\n- (i) an approval, decision or requirement made under this Act; or\n- (ii) an exemption granted under section 185 ; or\n- (iii) an exemption granted under section 244 ; or\n- (iv) a notice given under this Act;\n- (b) a stated document is a copy of a document mentioned in paragraph (a) ;\n- (c) on a stated day, or during a stated period, an authorisation as an authorised officer was, or was not, in force for a stated person;\n- (d) on a stated day, or during a stated period, an exemption granted under section 185 for a stated child was, or was not, in force;\n- (e) on a stated day, or during a stated period, an exemption granted under section 244 for a stated young person was, or was not, in force;\n- (f) on a stated day, a stated person was given a stated notice under this Act;\n- (g) on a stated day, a stated requirement was made of a stated person;\n- (h) on a stated day, an institution was— (i) a State educational institution; or (ii) a State instructional institution; or (iii) a State school.\n- (i) a State educational institution; or\n- (ii) a State instructional institution; or\n- (iii) a State school.\n- (i) an approval, decision or requirement made under this Act; or\n- (ii) an exemption granted under section 185 ; or\n- (iii) an exemption granted under section 244 ; or\n- (iv) a notice given under this Act;\n- (i) a State educational institution; or\n- (ii) a State instructional institution; or\n- (iii) a State school.\n- (a) a certificate purporting to be signed by a State school’s, or non-State school’s, principal— (i) that a stated child is, or is not, enrolled at the school; or (ii) stating the details of attendance of a stated child at the school;\n- (i) that a stated child is, or is not, enrolled at the school; or\n- (ii) stating the details of attendance of a stated child at the school;\n- is evidence of the matter; and\n- (b) a certificate purporting to be signed by the chief executive that the chief executive consents to the bringing of the proceeding is evidence of the consent; and\n- (c) a statement in a complaint that a child was of compulsory school age at the time of the offence is evidence of the matter.\n- (i) that a stated child is, or is not, enrolled at the school; or\n- (ii) stating the details of attendance of a stated child at the school;\n- (a) a stated document is an exemption granted by the principal under section 185A or 244A ;\n- (b) a stated document is a copy of a document mentioned in paragraph (a) ;\n- (c) on a stated day, or during a stated period, an exemption granted by the principal under section 185A for a stated child was, or was not, in force;\n- (d) on a stated day, or during a stated period, an exemption granted by the principal under section 244A for a stated young person was, or was not, in force.","sortOrder":594},{"sectionNumber":"ch.16-pt.2","sectionType":"part","heading":"Offence proceedings","content":"# Offence proceedings","sortOrder":595},{"sectionNumber":"sec.408","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.408 Summary proceedings for offences\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start within the later of the following periods to end—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.408-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.408-ssec.2) The proceeding must start within the later of the following periods to end— 1 year after the commission of the offence; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":596},{"sectionNumber":"sec.409","sectionType":"section","heading":"Statements at start of proceedings","content":"### sec.409 Statements at start of proceedings\n\nIn a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\nIn a proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’.\n(sec.409-ssec.1) In a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n(sec.409-ssec.2) In a proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’.","sortOrder":597},{"sectionNumber":"sec.410","sectionType":"section","heading":"Evidence of chief executive’s consent","content":"### sec.410 Evidence of chief executive’s consent\n\nA certificate, purporting to be signed by the chief executive, that the chief executive consents to the bringing of proceedings for an offence against section 239 (1) is evidence of the consent.","sortOrder":598},{"sectionNumber":"ch.19-pt.1","sectionType":"part","heading":"Kindergarten learning program","content":"# Kindergarten learning program","sortOrder":599},{"sectionNumber":"sec.419A","sectionType":"section","heading":"Kindergarten learning program","content":"### sec.419A Kindergarten learning program\n\nThe Minister may approve a program focused on literacy and numeracy, for preparing a child for education in the preparatory year, to be a kindergarten learning program for a prescribed State school or a prescribed non-State school.\nSee chapter 20 , part 4 for programs being provided before commencement.\nThe Minister may provide, or assist in providing the program, at a prescribed State school or a prescribed non-State school, to a kindergarten age child.\nA kindergarten age child being provided with a kindergarten learning program at a prescribed State school or a prescribed non-State school is not, for this Act—\na student of the school; or\nenrolled at the school.\nThe Minister must review the operation of this section within 5 years after its commencement to decide whether the section remains relevant and necessary.\nIn this section—\nkindergarten age child means a child who will be at least 4 years and 6 months on 31 December in the year proposed for the child’s participation in a kindergarten learning program.\nprescribed non-State school means a non-State school that, immediately before the commencement of this section, was providing a program—\nfocused on literacy and numeracy for preparing a child for education in the preparatory year; and\napproved by the Minister for the school.\nprescribed State school means—\na State school that, immediately before the commencement of this section, was providing a program—\nfocused on literacy and numeracy for preparing a child for education in the preparatory year; and\napproved by the Minister for the school; or\na State school prescribed under a regulation.\ns 419A ins 2009 No. 40 s 12\namd 2018 No. 1 s 150 sch 2\n(sec.419A-ssec.1) The Minister may approve a program focused on literacy and numeracy, for preparing a child for education in the preparatory year, to be a kindergarten learning program for a prescribed State school or a prescribed non-State school. See chapter 20 , part 4 for programs being provided before commencement.\n(sec.419A-ssec.2) The Minister may provide, or assist in providing the program, at a prescribed State school or a prescribed non-State school, to a kindergarten age child.\n(sec.419A-ssec.3) A kindergarten age child being provided with a kindergarten learning program at a prescribed State school or a prescribed non-State school is not, for this Act— a student of the school; or enrolled at the school.\n(sec.419A-ssec.4) The Minister must review the operation of this section within 5 years after its commencement to decide whether the section remains relevant and necessary.\n(sec.419A-ssec.5) In this section— kindergarten age child means a child who will be at least 4 years and 6 months on 31 December in the year proposed for the child’s participation in a kindergarten learning program. prescribed non-State school means a non-State school that, immediately before the commencement of this section, was providing a program— focused on literacy and numeracy for preparing a child for education in the preparatory year; and approved by the Minister for the school. prescribed State school means— a State school that, immediately before the commencement of this section, was providing a program— focused on literacy and numeracy for preparing a child for education in the preparatory year; and approved by the Minister for the school; or a State school prescribed under a regulation.\n- (a) a student of the school; or\n- (b) enrolled at the school.\n- (a) focused on literacy and numeracy for preparing a child for education in the preparatory year; and\n- (b) approved by the Minister for the school.\n- (a) a State school that, immediately before the commencement of this section, was providing a program— (i) focused on literacy and numeracy for preparing a child for education in the preparatory year; and (ii) approved by the Minister for the school; or\n- (i) focused on literacy and numeracy for preparing a child for education in the preparatory year; and\n- (ii) approved by the Minister for the school; or\n- (b) a State school prescribed under a regulation.\n- (i) focused on literacy and numeracy for preparing a child for education in the preparatory year; and\n- (ii) approved by the Minister for the school; or","sortOrder":600},{"sectionNumber":"sec.419B","sectionType":"section","heading":"Application for registration","content":"### sec.419B Application for registration\n\nAn application for registration of a kindergarten age child in a kindergarten learning program, at a prescribed State school or a prescribed non-State school must be—\nmade—\nto the principal of the school; and\nin the approved form; and\naccompanied by—\nevidence, satisfactory to the principal, that the child is a kindergarten age child; and\nany other documents, identified in the approved form, the principal reasonably requires to decide the application.\ns 419B ins 2009 No. 40 s 12\namd 2018 No. 1 s 150 sch 2\n- (a) made— (i) to the principal of the school; and (ii) in the approved form; and\n- (i) to the principal of the school; and\n- (ii) in the approved form; and\n- (b) accompanied by— (i) evidence, satisfactory to the principal, that the child is a kindergarten age child; and (ii) any other documents, identified in the approved form, the principal reasonably requires to decide the application.\n- (i) evidence, satisfactory to the principal, that the child is a kindergarten age child; and\n- (ii) any other documents, identified in the approved form, the principal reasonably requires to decide the application.\n- (i) to the principal of the school; and\n- (ii) in the approved form; and\n- (i) evidence, satisfactory to the principal, that the child is a kindergarten age child; and\n- (ii) any other documents, identified in the approved form, the principal reasonably requires to decide the application.","sortOrder":601},{"sectionNumber":"sec.419C","sectionType":"section","heading":"Decision whether to register child","content":"### sec.419C Decision whether to register child\n\nThe principal must consider an application under section 419B and decide whether to grant or refuse to grant the application.\nIf the principal is satisfied it is in the child’s best interests to be registered in a kindergarten learning program at the school, the principal may register the child.\nSubsection (2) applies even if an application for registration of a child does not comply, or fully comply, with section 419B .\nThe principal may refuse to register a child if, under section 419D , the child’s registration has been cancelled at another prescribed State school or prescribed non-State school.\ns 419C ins 2009 No. 40 s 12\namd 2018 No. 1 s 150 sch 2\n(sec.419C-ssec.1) The principal must consider an application under section 419B and decide whether to grant or refuse to grant the application.\n(sec.419C-ssec.2) If the principal is satisfied it is in the child’s best interests to be registered in a kindergarten learning program at the school, the principal may register the child.\n(sec.419C-ssec.3) Subsection (2) applies even if an application for registration of a child does not comply, or fully comply, with section 419B .\n(sec.419C-ssec.4) The principal may refuse to register a child if, under section 419D , the child’s registration has been cancelled at another prescribed State school or prescribed non-State school.","sortOrder":602},{"sectionNumber":"sec.419D","sectionType":"section","heading":"Cancellation of registration for transfer to preparatory year","content":"### sec.419D Cancellation of registration for transfer to preparatory year\n\nThis section applies if—\na preparatory age child is registered in a kindergarten learning program at a prescribed State school or a prescribed non-State school; and\nthe principal of the school is satisfied the child is too mature for the kindergarten learning program and would be better served educationally by being enrolled in the preparatory year.\nThe principal may—\ncancel the child’s registration in the kindergarten learning program; and\nenrol the child in the preparatory year at the school.\nIn this section—\npreparatory age child means a child who has reached the age prescribed under a regulation for enrolment in the preparatory year at a State school or non-State school.\ns 419D ins 2009 No. 40 s 12\namd 2018 No. 1 s 150 sch 2\n(sec.419D-ssec.1) This section applies if— a preparatory age child is registered in a kindergarten learning program at a prescribed State school or a prescribed non-State school; and the principal of the school is satisfied the child is too mature for the kindergarten learning program and would be better served educationally by being enrolled in the preparatory year.\n(sec.419D-ssec.2) The principal may— cancel the child’s registration in the kindergarten learning program; and enrol the child in the preparatory year at the school.\n(sec.419D-ssec.3) In this section— preparatory age child means a child who has reached the age prescribed under a regulation for enrolment in the preparatory year at a State school or non-State school.\n- (a) a preparatory age child is registered in a kindergarten learning program at a prescribed State school or a prescribed non-State school; and\n- (b) the principal of the school is satisfied the child is too mature for the kindergarten learning program and would be better served educationally by being enrolled in the preparatory year.\n- (a) cancel the child’s registration in the kindergarten learning program; and\n- (b) enrol the child in the preparatory year at the school.","sortOrder":603},{"sectionNumber":"ch.19-pt.1A","sectionType":"part","heading":"Distance education kindergarten learning program","content":"# Distance education kindergarten learning program","sortOrder":604},{"sectionNumber":"sec.419E","sectionType":"section","heading":"Distance education kindergarten learning program","content":"### sec.419E Distance education kindergarten learning program\n\nThe Minister may approve a program focused on literacy and numeracy, for preparing a child for education in the preparatory year, to be a distance education kindergarten learning program for a State school providing distance education.\ns 419E ins 2012 No. 35 s 14\namd 2018 No. 1 s 150 sch 2","sortOrder":605},{"sectionNumber":"sec.419F","sectionType":"section","heading":"Registration in programs","content":"### sec.419F Registration in programs\n\nA parent of a kindergarten age child may apply to register the child in a distance education kindergarten learning program provided by a State school.\nThe application must be made, in the approved form, to the principal of the school.\nThe principal may grant the application if satisfied—\nthe child is—\nan Australian citizen or permanent resident; or\na child of an Australian citizen or permanent resident; and\nthe child—\nlives, in the child’s principal place of residence, at least 16km by the most direct route by road from the nearest centre-based service catering to kindergarten aged children; or\nhas a medical certificate stating that the child is unable to attend a centre-based service for more than 10 consecutive weeks due to the child’s state of health; or\nhas an itinerant lifestyle.\nFor subsection (3) (b) (iii) , the child has an itinerant lifestyle only if, because of the nature of the occupation of a parent of the child—\nthe child’s principal place of residence is likely to change at least twice during the registration year; or\nthe child will have to spend a period of at least 10 weeks, or a number of periods of at least 2 weeks that total at least 10 weeks, away from the child’s principal place of residence during the registration year.\ncarnival worker, contract harvester or shearer\nThe principal must give the applicant a notice of the principal’s decision to grant or refuse to grant the application.\nIf the decision is to refuse to grant the application, the notice must include the principal’s reasons for the decision.\nIn this section—\ncentre-based service means an education and care service other than a family day care service.\neducation and care service see the Education and Care Services National Law (Queensland) , section 5 (1) .\nfamily day care service see the Education and Care Services National Law (Queensland) , section 5 (1) .\nkindergarten age child means a child who will be at least 4 years and 6 months on 31 December in the child’s registration year.\nmedical certificate means a certificate signed by—\na person registered under the Health Practitioner Regulation National Law to practise in the psychology profession other than as a student; or\na medical practitioner.\npermanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth) , section 30 (1) .\nregistration year , for a child, means the year proposed for the child’s registration in a distance education kindergarten learning program.\ns 419F ins 2012 No. 35 s 14\namd 2018 No. 1 s 150 sch 2\namd 2025 No. 24 s 35 (uncommenced amendment)\n(sec.419F-ssec.1) A parent of a kindergarten age child may apply to register the child in a distance education kindergarten learning program provided by a State school.\n(sec.419F-ssec.2) The application must be made, in the approved form, to the principal of the school.\n(sec.419F-ssec.3) The principal may grant the application if satisfied— the child is— an Australian citizen or permanent resident; or a child of an Australian citizen or permanent resident; and the child— lives, in the child’s principal place of residence, at least 16km by the most direct route by road from the nearest centre-based service catering to kindergarten aged children; or has a medical certificate stating that the child is unable to attend a centre-based service for more than 10 consecutive weeks due to the child’s state of health; or has an itinerant lifestyle.\n(sec.419F-ssec.4) For subsection (3) (b) (iii) , the child has an itinerant lifestyle only if, because of the nature of the occupation of a parent of the child— the child’s principal place of residence is likely to change at least twice during the registration year; or the child will have to spend a period of at least 10 weeks, or a number of periods of at least 2 weeks that total at least 10 weeks, away from the child’s principal place of residence during the registration year. carnival worker, contract harvester or shearer\n(sec.419F-ssec.5) The principal must give the applicant a notice of the principal’s decision to grant or refuse to grant the application.\n(sec.419F-ssec.6) If the decision is to refuse to grant the application, the notice must include the principal’s reasons for the decision.\n(sec.419F-ssec.7) In this section— centre-based service means an education and care service other than a family day care service. education and care service see the Education and Care Services National Law (Queensland) , section 5 (1) . family day care service see the Education and Care Services National Law (Queensland) , section 5 (1) . kindergarten age child means a child who will be at least 4 years and 6 months on 31 December in the child’s registration year. medical certificate means a certificate signed by— a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession other than as a student; or a medical practitioner. permanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth) , section 30 (1) . registration year , for a child, means the year proposed for the child’s registration in a distance education kindergarten learning program.\n- (a) the child is— (i) an Australian citizen or permanent resident; or (ii) a child of an Australian citizen or permanent resident; and\n- (i) an Australian citizen or permanent resident; or\n- (ii) a child of an Australian citizen or permanent resident; and\n- (b) the child— (i) lives, in the child’s principal place of residence, at least 16km by the most direct route by road from the nearest centre-based service catering to kindergarten aged children; or (ii) has a medical certificate stating that the child is unable to attend a centre-based service for more than 10 consecutive weeks due to the child’s state of health; or (iii) has an itinerant lifestyle.\n- (i) lives, in the child’s principal place of residence, at least 16km by the most direct route by road from the nearest centre-based service catering to kindergarten aged children; or\n- (ii) has a medical certificate stating that the child is unable to attend a centre-based service for more than 10 consecutive weeks due to the child’s state of health; or\n- (iii) has an itinerant lifestyle.\n- (i) an Australian citizen or permanent resident; or\n- (ii) a child of an Australian citizen or permanent resident; and\n- (i) lives, in the child’s principal place of residence, at least 16km by the most direct route by road from the nearest centre-based service catering to kindergarten aged children; or\n- (ii) has a medical certificate stating that the child is unable to attend a centre-based service for more than 10 consecutive weeks due to the child’s state of health; or\n- (iii) has an itinerant lifestyle.\n- (a) the child’s principal place of residence is likely to change at least twice during the registration year; or\n- (b) the child will have to spend a period of at least 10 weeks, or a number of periods of at least 2 weeks that total at least 10 weeks, away from the child’s principal place of residence during the registration year.\n- (a) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession other than as a student; or\n- (b) a medical practitioner.","sortOrder":606},{"sectionNumber":"sec.419G","sectionType":"section","heading":"Review of decision to refuse to grant an application","content":"### sec.419G Review of decision to refuse to grant an application\n\nThis section applies if a decision is made under section 419F to refuse to grant an application for registration.\nThe applicant may apply to the chief executive, within 21 days after notice of the decision is given to the applicant under section 419F (5) , for a review of the decision.\nThe application must state fully the grounds for the submission and the facts relied on.\nAfter reviewing the decision, the chief executive must decide to—\nconfirm the decision; or\nset aside the decision and grant the application.\nThe chief executive must as soon as practicable give a notice to the applicant about the chief executive’s decision and the reasons for the decision.\ns 419G ins 2012 No. 35 s 14\namd 2025 No. 24 s 40 sch 1 pt 2 (uncommenced amendment)\n(sec.419G-ssec.1) This section applies if a decision is made under section 419F to refuse to grant an application for registration.\n(sec.419G-ssec.2) The applicant may apply to the chief executive, within 21 days after notice of the decision is given to the applicant under section 419F (5) , for a review of the decision.\n(sec.419G-ssec.3) The application must state fully the grounds for the submission and the facts relied on.\n(sec.419G-ssec.4) After reviewing the decision, the chief executive must decide to— confirm the decision; or set aside the decision and grant the application.\n(sec.419G-ssec.5) The chief executive must as soon as practicable give a notice to the applicant about the chief executive’s decision and the reasons for the decision.\n- (a) confirm the decision; or\n- (b) set aside the decision and grant the application.","sortOrder":607},{"sectionNumber":"sec.419H","sectionType":"section","heading":"Status of children registered in programs","content":"### sec.419H Status of children registered in programs\n\nA child registered in a distance education kindergarten learning program provided by a school is not, for this Act—\na student of the school; or\nenrolled at the school; or\nenrolled in a program of distance education at the school.\ns 419H ins 2012 No. 35 s 14\namd 2018 No. 1 s 150 sch 2\n- (a) a student of the school; or\n- (b) enrolled at the school; or\n- (c) enrolled in a program of distance education at the school.","sortOrder":608},{"sectionNumber":"ch.19-pt.2","sectionType":"part","heading":"Provision of special education in particular cases","content":"# Provision of special education in particular cases","sortOrder":609},{"sectionNumber":"sec.420","sectionType":"section","heading":"Special education for people enrolled at non-State school or below compulsory school age","content":"### sec.420 Special education for people enrolled at non-State school or below compulsory school age\n\nThe Minister may provide, or assist in the provision of, special education to a person with a disability who is enrolled at a non-State school.\nAlso, subject to the agreement of a parent of a person with a disability who is below compulsory school age, the Minister may provide, or assist in the provision of, special education to the person with a disability.\nSubsection (4) applies to a person with a disability who—\nunder subsection (2) , is being provided with special education; and\nis not enrolled in the preparatory year at the school at which the special education is being provided.\nThe person is not, for this Act—\na student of the school; or\nenrolled at the school.\nIn this section—\nperson with a disability means a person who is decided, under a policy mentioned in section 420A (1) , to be a person with a disability.\ns 420 amd 2009 No. 40 s 13 ; 2014 No. 62 s 55\n(sec.420-ssec.1) The Minister may provide, or assist in the provision of, special education to a person with a disability who is enrolled at a non-State school.\n(sec.420-ssec.2) Also, subject to the agreement of a parent of a person with a disability who is below compulsory school age, the Minister may provide, or assist in the provision of, special education to the person with a disability.\n(sec.420-ssec.3) Subsection (4) applies to a person with a disability who— under subsection (2) , is being provided with special education; and is not enrolled in the preparatory year at the school at which the special education is being provided.\n(sec.420-ssec.4) The person is not, for this Act— a student of the school; or enrolled at the school.\n(sec.420-ssec.5) In this section— person with a disability means a person who is decided, under a policy mentioned in section 420A (1) , to be a person with a disability.\n- (a) under subsection (2) , is being provided with special education; and\n- (b) is not enrolled in the preparatory year at the school at which the special education is being provided.\n- (a) a student of the school; or\n- (b) enrolled at the school.","sortOrder":610},{"sectionNumber":"sec.420A","sectionType":"section","heading":"Minister must approve policies","content":"### sec.420A Minister must approve policies\n\nThe Minister must approve a policy about the criteria to be considered in deciding whether a person is a person with a disability because the person is unlikely to attain the levels of development of which the person is capable unless the person receives special education.\nThe Minister may approve more than 1 policy under subsection (1) providing for criteria to be considered in deciding whether a person is a person with a disability for the purposes of section 420 (1) or (2) .\nThe chief executive must keep a copy of a policy approved under subsection (1) available for inspection and permit a person—\nto inspect the policy without fee; and\nto take extracts from the policy without fee.\nFor subsection (3) —\na copy of the policy—\nmust be kept at the head office of the department; and\nmay be kept at any other place the chief executive considers appropriate; and\nthe copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\nAlso, the chief executive must supply a copy of a policy approved under subsection (1) , or a part of the policy, to a person on request, without fee.\nIn addition, the chief executive must keep a copy of a policy approved under subsection (1) on the department’s website.\ns 420A ins 2014 No. 62 s 56\n(sec.420A-ssec.1) The Minister must approve a policy about the criteria to be considered in deciding whether a person is a person with a disability because the person is unlikely to attain the levels of development of which the person is capable unless the person receives special education.\n(sec.420A-ssec.2) The Minister may approve more than 1 policy under subsection (1) providing for criteria to be considered in deciding whether a person is a person with a disability for the purposes of section 420 (1) or (2) .\n(sec.420A-ssec.3) The chief executive must keep a copy of a policy approved under subsection (1) available for inspection and permit a person— to inspect the policy without fee; and to take extracts from the policy without fee.\n(sec.420A-ssec.4) For subsection (3) — a copy of the policy— must be kept at the head office of the department; and may be kept at any other place the chief executive considers appropriate; and the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\n(sec.420A-ssec.5) Also, the chief executive must supply a copy of a policy approved under subsection (1) , or a part of the policy, to a person on request, without fee.\n(sec.420A-ssec.6) In addition, the chief executive must keep a copy of a policy approved under subsection (1) on the department’s website.\n- (a) to inspect the policy without fee; and\n- (b) to take extracts from the policy without fee.\n- (a) a copy of the policy— (i) must be kept at the head office of the department; and (ii) may be kept at any other place the chief executive considers appropriate; and\n- (i) must be kept at the head office of the department; and\n- (ii) may be kept at any other place the chief executive considers appropriate; and\n- (b) the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\n- (i) must be kept at the head office of the department; and\n- (ii) may be kept at any other place the chief executive considers appropriate; and","sortOrder":611},{"sectionNumber":"ch.19-pt.3","sectionType":"part","heading":"General","content":"# General","sortOrder":612},{"sectionNumber":"sec.421","sectionType":"section","heading":"Transportation assistance for certain students","content":"### sec.421 Transportation assistance for certain students\n\nThe Minister may give assistance to an eligible student relating to his or her transportation to or from a school in receipt of subsidy.\nThe ways the Minister may give the assistance include the following—\npaying to the student, or a parent of the student, all or part of the expenses of the transportation;\nmaking payments to a provider of the transportation;\nhelping to organise or coordinate the transportation.\nIn this section—\neligible student means a person who—\nis attending a school in receipt of subsidy; and\nhas a disability that necessitates transport to or from the school by a means that takes account of the disability.\n(sec.421-ssec.1) The Minister may give assistance to an eligible student relating to his or her transportation to or from a school in receipt of subsidy.\n(sec.421-ssec.2) The ways the Minister may give the assistance include the following— paying to the student, or a parent of the student, all or part of the expenses of the transportation; making payments to a provider of the transportation; helping to organise or coordinate the transportation.\n(sec.421-ssec.3) In this section— eligible student means a person who— is attending a school in receipt of subsidy; and has a disability that necessitates transport to or from the school by a means that takes account of the disability.\n- (a) paying to the student, or a parent of the student, all or part of the expenses of the transportation;\n- (b) making payments to a provider of the transportation;\n- (c) helping to organise or coordinate the transportation.\n- (a) is attending a school in receipt of subsidy; and\n- (b) has a disability that necessitates transport to or from the school by a means that takes account of the disability.","sortOrder":613},{"sectionNumber":"sec.422","sectionType":"section","heading":"Grants to entities","content":"### sec.422 Grants to entities\n\nThe Minister may give a grant to an entity for the purpose of—\nhelping children to achieve their best learning outcomes; or\npromoting the re-engagement of children in education or training.\n- (a) helping children to achieve their best learning outcomes; or\n- (b) promoting the re-engagement of children in education or training.","sortOrder":614},{"sectionNumber":"sec.423","sectionType":"section","heading":"Annual reporting by State school’s principal or non-State school’s governing body","content":"### sec.423 Annual reporting by State school’s principal or non-State school’s governing body\n\nThe Minister may approve a policy about the publication by a State school’s principal, or non-State school’s governing body, of an annual report containing—\ninformation relating to the school and its policies; and\naggregate data about the student outcomes for all persons enrolled at the school in the previous year.\nA State school’s principal, or non-State school’s governing body, must comply with a policy approved under subsection (1) .\nThe chief executive must keep a copy of a policy approved under subsection (1) available for inspection and permit a person—\nto inspect the policy without fee; and\nto take extracts from the policy without fee.\nFor subsection (3) —\na copy of the policy—\nmust be kept at the head office of the department; and\nmay be kept at any other place the chief executive considers appropriate; and\nthe copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\nAlso, the chief executive must keep a copy of a policy approved under subsection (1) available for supply to a person and permit a person to obtain a copy of the policy, or a part of the policy, without fee.\nIn addition, the chief executive must keep a copy of a policy approved under subsection (1) on the department’s website.\ns 423 amd 2018 No. 1 s 150 sch 2\n(sec.423-ssec.1) The Minister may approve a policy about the publication by a State school’s principal, or non-State school’s governing body, of an annual report containing— information relating to the school and its policies; and aggregate data about the student outcomes for all persons enrolled at the school in the previous year.\n(sec.423-ssec.2) A State school’s principal, or non-State school’s governing body, must comply with a policy approved under subsection (1) .\n(sec.423-ssec.3) The chief executive must keep a copy of a policy approved under subsection (1) available for inspection and permit a person— to inspect the policy without fee; and to take extracts from the policy without fee.\n(sec.423-ssec.4) For subsection (3) — a copy of the policy— must be kept at the head office of the department; and may be kept at any other place the chief executive considers appropriate; and the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\n(sec.423-ssec.5) Also, the chief executive must keep a copy of a policy approved under subsection (1) available for supply to a person and permit a person to obtain a copy of the policy, or a part of the policy, without fee.\n(sec.423-ssec.6) In addition, the chief executive must keep a copy of a policy approved under subsection (1) on the department’s website.\n- (a) information relating to the school and its policies; and\n- (b) aggregate data about the student outcomes for all persons enrolled at the school in the previous year.\n- (a) to inspect the policy without fee; and\n- (b) to take extracts from the policy without fee.\n- (a) a copy of the policy— (i) must be kept at the head office of the department; and (ii) may be kept at any other place the chief executive considers appropriate; and\n- (i) must be kept at the head office of the department; and\n- (ii) may be kept at any other place the chief executive considers appropriate; and\n- (b) the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\n- (i) must be kept at the head office of the department; and\n- (ii) may be kept at any other place the chief executive considers appropriate; and","sortOrder":615},{"sectionNumber":"sec.424","sectionType":"section","heading":"Parent and teacher discussions","content":"### sec.424 Parent and teacher discussions\n\nA State school’s, or non-State school’s, principal must ensure that a parent of each child enrolled at the school is given the opportunity, at least twice a year, to discuss the child’s educational performance at the school with the child’s teachers.\nSubsection (1) does not apply if the principal is satisfied it would be inappropriate in the circumstances to give the parent the opportunity.\nIt may be inappropriate to give the parent the opportunity if the child is living independently of his or her parents.\n(sec.424-ssec.1) A State school’s, or non-State school’s, principal must ensure that a parent of each child enrolled at the school is given the opportunity, at least twice a year, to discuss the child’s educational performance at the school with the child’s teachers.\n(sec.424-ssec.2) Subsection (1) does not apply if the principal is satisfied it would be inappropriate in the circumstances to give the parent the opportunity. It may be inappropriate to give the parent the opportunity if the child is living independently of his or her parents.","sortOrder":616},{"sectionNumber":"sec.425","sectionType":"section","heading":"Student reports","content":"### sec.425 Student reports\n\nA State school’s, or non-State school’s, principal must ensure that a written report on the educational performance at the school of a person enrolled at the school is given at least twice a year—\nif the person is a child—to a parent of the person; or\nif the person is an adult—to the person.\nSubsection (1) (a) does not apply, and the report must be given to the person, if the principal is satisfied it would be inappropriate in the circumstances for a parent of the person to be given the report.\nIt may be inappropriate for a parent of the person to be given the report if the person is living independently of his or her parents.\n(sec.425-ssec.1) A State school’s, or non-State school’s, principal must ensure that a written report on the educational performance at the school of a person enrolled at the school is given at least twice a year— if the person is a child—to a parent of the person; or if the person is an adult—to the person.\n(sec.425-ssec.2) Subsection (1) (a) does not apply, and the report must be given to the person, if the principal is satisfied it would be inappropriate in the circumstances for a parent of the person to be given the report. It may be inappropriate for a parent of the person to be given the report if the person is living independently of his or her parents.\n- (a) if the person is a child—to a parent of the person; or\n- (b) if the person is an adult—to the person.","sortOrder":617},{"sectionNumber":"sec.425A","sectionType":"section","heading":"Exchange of school’s financial information","content":"### sec.425A Exchange of school’s financial information\n\nA relevant entity may enter into an arrangement (an information-sharing arrangement ) with another relevant entity for the purpose of sharing or exchanging financial information about a school—\nheld by 1 of the relevant entities; or\nto which 1 of the relevant entities has access.\nAn information-sharing arrangement may relate only to financial information that assists 1 or both of the relevant entities perform the relevant entity’s functions.\nUnder an information-sharing arrangement, each relevant entity is, despite any other Act or law, authorised to ask for and receive financial information held by the other relevant entity to the arrangement or to which the other relevant entity has access.\nIn this section—\nfinancial information includes—\nfinancial data for a non-State school in receipt of subsidy; and\nallowance acquittal details for a non-State school.\nrelevant entity means—\nthe Minister; or\nthe chief executive; or\nthe board.\ns 425A ins 2017 No. 24 s 225\n(sec.425A-ssec.1) A relevant entity may enter into an arrangement (an information-sharing arrangement ) with another relevant entity for the purpose of sharing or exchanging financial information about a school— held by 1 of the relevant entities; or to which 1 of the relevant entities has access.\n(sec.425A-ssec.2) An information-sharing arrangement may relate only to financial information that assists 1 or both of the relevant entities perform the relevant entity’s functions.\n(sec.425A-ssec.3) Under an information-sharing arrangement, each relevant entity is, despite any other Act or law, authorised to ask for and receive financial information held by the other relevant entity to the arrangement or to which the other relevant entity has access.\n(sec.425A-ssec.4) In this section— financial information includes— financial data for a non-State school in receipt of subsidy; and allowance acquittal details for a non-State school. relevant entity means— the Minister; or the chief executive; or the board.\n- (a) held by 1 of the relevant entities; or\n- (b) to which 1 of the relevant entities has access.\n- (a) financial data for a non-State school in receipt of subsidy; and\n- (b) allowance acquittal details for a non-State school.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) the board.","sortOrder":618},{"sectionNumber":"sec.426","sectionType":"section","heading":"Confidentiality","content":"### sec.426 Confidentiality\n\nThis section applies to a person—\nwho is or has been—\nthe chief executive or a public service employee in the department; or\nan employee of a State school; or\na minister, or an accredited representative, of a religious denomination or society mentioned in section 76 (1) ; or\na member of an association; and\nwho, in that capacity, has gained or has access to personal information about—\na student, prospective student or former student of a State school; or\na kindergarten age child—\nwho is or has been registered in a kindergarten learning program at a State school; or\nfor whom an application for registration has been made under section 419B ; or\nwho is or has been registered in a distance education kindergarten learning program; or\nfor whom an application for registration has been made under section 419F ; or\na person with a disability who—\nunder section 420 (2) , is being provided with special education at a State school; and\nis not enrolled in the preparatory year at the school; or\na child—\nwho is or has been provisionally registered, or registered, for home education under chapter 9 , part 5 ; or\nfor whom an application for provisional registration, or registration, has been made under chapter 9 , part 5 .\nThis section also applies to a person—\nwho is or has been an employee of a relevant non-State school; and\nwho, in that capacity, has gained or has access to personal information, contained in a transfer note, about—\na former student or continuing student of the school; or\na kindergarten age child—\nwho is or has been registered in a kindergarten learning program at the school; or\nfor whom an application for registration has been made under section 419B ; or\na person with a disability who—\nunder section 420 (2) , is being provided with special education at the school; and\nis not enrolled in the preparatory year at the school.\nThis section also applies to a person—\nwho is or has been the chief executive or a public service employee in the department; and\nwho, in that capacity, has gained or has access to personal information about a student, prospective student or former student of a recognised school.\nThe person must not make a record of the information, use the information or disclose the information to anyone else, other than—\nfor a purpose of this Act; or\nwith the consent of the person to whom the information relates, or if the person is a child unable to consent, with the consent of a parent of the child; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\nas permitted or required under subsection (4A) or another Act; or\nwith the written consent of the chief executive, who may give the consent if he or she is reasonably satisfied the recording, use or disclosure is—\nnecessary to assist in averting a serious risk to the life, health or safety of a person, including the person to whom the information relates; or\nin the public interest; or\nnecessary for research, or the compilation or analysis of statistics, if—\nthe research, compilation or analysis is in the public interest; and\nthe recording, use or disclosure does not involve the publication of all or any of the information in a form that identifies a person to whom the information relates; and\nit is not practicable to obtain the express or implied agreement of each person to whom the information relates before the information is recorded, used or disclosed; and\nfor a disclosure—the chief executive is reasonably satisfied the person to whom the information is disclosed will not disclose the information to anyone else.\nMaximum penalty—50 penalty units.\nThe chief executive may disclose the information to a law enforcement agency if the chief executive is reasonably satisfied the disclosure is necessary for the prevention, detection, investigation, prosecution or punishment of a criminal offence or a breach of a law imposing a penalty or sanction.\nIn this section—\ndisclose , information, includes give access to the information.\nemployee , of a State school or relevant non-State school, includes—\na person appointed to a position with the school; and\na person engaged by the chief executive, the State school’s principal, or the relevant non-State school’s governing body, under a contract for services; and\na volunteer who performs a task for the school at any place.\nlaw enforcement agency see the Information Privacy Act 2009 , schedule 5 , definition law enforcement agency , paragraph (a) .\npersonal information means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.\nrecognised school see the E(QCAA) Act , schedule 1 .\nrelevant non-State school means a non-State school, the governing body of which is not an organisation within the meaning of the Privacy Act 1988 (Cwlth) , section 6C .\ns 426 amd 2009 No. 39 s 14 ; 2009 No. 40 s 14 ; 2012 No. 35 s 15 ; 2014 No. 3 s 114 sch 1 pt 2 ; 2014 No. 62 s 58 ; 2018 No. 1 s 150 sch 2\namd 2025 No. 24 s 36 (uncommenced amendment)\n_____\ns 426A ins 2025 No. 24 s 37 (uncommenced amendment)\n(sec.426-ssec.1) This section applies to a person— who is or has been— the chief executive or a public service employee in the department; or an employee of a State school; or a minister, or an accredited representative, of a religious denomination or society mentioned in section 76 (1) ; or a member of an association; and who, in that capacity, has gained or has access to personal information about— a student, prospective student or former student of a State school; or a kindergarten age child— who is or has been registered in a kindergarten learning program at a State school; or for whom an application for registration has been made under section 419B ; or who is or has been registered in a distance education kindergarten learning program; or for whom an application for registration has been made under section 419F ; or a person with a disability who— under section 420 (2) , is being provided with special education at a State school; and is not enrolled in the preparatory year at the school; or a child— who is or has been provisionally registered, or registered, for home education under chapter 9 , part 5 ; or for whom an application for provisional registration, or registration, has been made under chapter 9 , part 5 .\n(sec.426-ssec.2) This section also applies to a person— who is or has been an employee of a relevant non-State school; and who, in that capacity, has gained or has access to personal information, contained in a transfer note, about— a former student or continuing student of the school; or a kindergarten age child— who is or has been registered in a kindergarten learning program at the school; or for whom an application for registration has been made under section 419B ; or a person with a disability who— under section 420 (2) , is being provided with special education at the school; and is not enrolled in the preparatory year at the school.\n(sec.426-ssec.3) This section also applies to a person— who is or has been the chief executive or a public service employee in the department; and who, in that capacity, has gained or has access to personal information about a student, prospective student or former student of a recognised school.\n(sec.426-ssec.4) The person must not make a record of the information, use the information or disclose the information to anyone else, other than— for a purpose of this Act; or with the consent of the person to whom the information relates, or if the person is a child unable to consent, with the consent of a parent of the child; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or as permitted or required under subsection (4A) or another Act; or with the written consent of the chief executive, who may give the consent if he or she is reasonably satisfied the recording, use or disclosure is— necessary to assist in averting a serious risk to the life, health or safety of a person, including the person to whom the information relates; or in the public interest; or necessary for research, or the compilation or analysis of statistics, if— the research, compilation or analysis is in the public interest; and the recording, use or disclosure does not involve the publication of all or any of the information in a form that identifies a person to whom the information relates; and it is not practicable to obtain the express or implied agreement of each person to whom the information relates before the information is recorded, used or disclosed; and for a disclosure—the chief executive is reasonably satisfied the person to whom the information is disclosed will not disclose the information to anyone else. Maximum penalty—50 penalty units.\n(sec.426-ssec.4A) The chief executive may disclose the information to a law enforcement agency if the chief executive is reasonably satisfied the disclosure is necessary for the prevention, detection, investigation, prosecution or punishment of a criminal offence or a breach of a law imposing a penalty or sanction.\n(sec.426-ssec.5) In this section— disclose , information, includes give access to the information. employee , of a State school or relevant non-State school, includes— a person appointed to a position with the school; and a person engaged by the chief executive, the State school’s principal, or the relevant non-State school’s governing body, under a contract for services; and a volunteer who performs a task for the school at any place. law enforcement agency see the Information Privacy Act 2009 , schedule 5 , definition law enforcement agency , paragraph (a) . personal information means information or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. recognised school see the E(QCAA) Act , schedule 1 . relevant non-State school means a non-State school, the governing body of which is not an organisation within the meaning of the Privacy Act 1988 (Cwlth) , section 6C .\n- (a) who is or has been— (i) the chief executive or a public service employee in the department; or (ii) an employee of a State school; or (iii) a minister, or an accredited representative, of a religious denomination or society mentioned in section 76 (1) ; or (iv) a member of an association; and\n- (i) the chief executive or a public service employee in the department; or\n- (ii) an employee of a State school; or\n- (iii) a minister, or an accredited representative, of a religious denomination or society mentioned in section 76 (1) ; or\n- (iv) a member of an association; and\n- (b) who, in that capacity, has gained or has access to personal information about— (i) a student, prospective student or former student of a State school; or (ii) a kindergarten age child— (A) who is or has been registered in a kindergarten learning program at a State school; or (B) for whom an application for registration has been made under section 419B ; or (C) who is or has been registered in a distance education kindergarten learning program; or (D) for whom an application for registration has been made under section 419F ; or (iii) a person with a disability who— (A) under section 420 (2) , is being provided with special education at a State school; and (B) is not enrolled in the preparatory year at the school; or (iv) a child— (A) who is or has been provisionally registered, or registered, for home education under chapter 9 , part 5 ; or (B) for whom an application for provisional registration, or registration, has been made under chapter 9 , part 5 .\n- (i) a student, prospective student or former student of a State school; or\n- (ii) a kindergarten age child— (A) who is or has been registered in a kindergarten learning program at a State school; or (B) for whom an application for registration has been made under section 419B ; or (C) who is or has been registered in a distance education kindergarten learning program; or (D) for whom an application for registration has been made under section 419F ; or\n- (A) who is or has been registered in a kindergarten learning program at a State school; or\n- (B) for whom an application for registration has been made under section 419B ; or\n- (C) who is or has been registered in a distance education kindergarten learning program; or\n- (D) for whom an application for registration has been made under section 419F ; or\n- (iii) a person with a disability who— (A) under section 420 (2) , is being provided with special education at a State school; and (B) is not enrolled in the preparatory year at the school; or\n- (A) under section 420 (2) , is being provided with special education at a State school; and\n- (B) is not enrolled in the preparatory year at the school; or\n- (iv) a child— (A) who is or has been provisionally registered, or registered, for home education under chapter 9 , part 5 ; or (B) for whom an application for provisional registration, or registration, has been made under chapter 9 , part 5 .\n- (A) who is or has been provisionally registered, or registered, for home education under chapter 9 , part 5 ; or\n- (B) for whom an application for provisional registration, or registration, has been made under chapter 9 , part 5 .\n- (i) the chief executive or a public service employee in the department; or\n- (ii) an employee of a State school; or\n- (iii) a minister, or an accredited representative, of a religious denomination or society mentioned in section 76 (1) ; or\n- (iv) a member of an association; and\n- (i) a student, prospective student or former student of a State school; or\n- (ii) a kindergarten age child— (A) who is or has been registered in a kindergarten learning program at a State school; or (B) for whom an application for registration has been made under section 419B ; or (C) who is or has been registered in a distance education kindergarten learning program; or (D) for whom an application for registration has been made under section 419F ; or\n- (A) who is or has been registered in a kindergarten learning program at a State school; or\n- (B) for whom an application for registration has been made under section 419B ; or\n- (C) who is or has been registered in a distance education kindergarten learning program; or\n- (D) for whom an application for registration has been made under section 419F ; or\n- (iii) a person with a disability who— (A) under section 420 (2) , is being provided with special education at a State school; and (B) is not enrolled in the preparatory year at the school; or\n- (A) under section 420 (2) , is being provided with special education at a State school; and\n- (B) is not enrolled in the preparatory year at the school; or\n- (iv) a child— (A) who is or has been provisionally registered, or registered, for home education under chapter 9 , part 5 ; or (B) for whom an application for provisional registration, or registration, has been made under chapter 9 , part 5 .\n- (A) who is or has been provisionally registered, or registered, for home education under chapter 9 , part 5 ; or\n- (B) for whom an application for provisional registration, or registration, has been made under chapter 9 , part 5 .\n- (A) who is or has been registered in a kindergarten learning program at a State school; or\n- (B) for whom an application for registration has been made under section 419B ; or\n- (C) who is or has been registered in a distance education kindergarten learning program; or\n- (D) for whom an application for registration has been made under section 419F ; or\n- (A) under section 420 (2) , is being provided with special education at a State school; and\n- (B) is not enrolled in the preparatory year at the school; or\n- (A) who is or has been provisionally registered, or registered, for home education under chapter 9 , part 5 ; or\n- (B) for whom an application for provisional registration, or registration, has been made under chapter 9 , part 5 .\n- (a) who is or has been an employee of a relevant non-State school; and\n- (b) who, in that capacity, has gained or has access to personal information, contained in a transfer note, about— (i) a former student or continuing student of the school; or (ii) a kindergarten age child— (A) who is or has been registered in a kindergarten learning program at the school; or (B) for whom an application for registration has been made under section 419B ; or (iii) a person with a disability who— (A) under section 420 (2) , is being provided with special education at the school; and (B) is not enrolled in the preparatory year at the school.\n- (i) a former student or continuing student of the school; or\n- (ii) a kindergarten age child— (A) who is or has been registered in a kindergarten learning program at the school; or (B) for whom an application for registration has been made under section 419B ; or\n- (A) who is or has been registered in a kindergarten learning program at the school; or\n- (B) for whom an application for registration has been made under section 419B ; or\n- (iii) a person with a disability who— (A) under section 420 (2) , is being provided with special education at the school; and (B) is not enrolled in the preparatory year at the school.\n- (A) under section 420 (2) , is being provided with special education at the school; and\n- (B) is not enrolled in the preparatory year at the school.\n- (i) a former student or continuing student of the school; or\n- (ii) a kindergarten age child— (A) who is or has been registered in a kindergarten learning program at the school; or (B) for whom an application for registration has been made under section 419B ; or\n- (A) who is or has been registered in a kindergarten learning program at the school; or\n- (B) for whom an application for registration has been made under section 419B ; or\n- (iii) a person with a disability who— (A) under section 420 (2) , is being provided with special education at the school; and (B) is not enrolled in the preparatory year at the school.\n- (A) under section 420 (2) , is being provided with special education at the school; and\n- (B) is not enrolled in the preparatory year at the school.\n- (A) who is or has been registered in a kindergarten learning program at the school; or\n- (B) for whom an application for registration has been made under section 419B ; or\n- (A) under section 420 (2) , is being provided with special education at the school; and\n- (B) is not enrolled in the preparatory year at the school.\n- (a) who is or has been the chief executive or a public service employee in the department; and\n- (b) who, in that capacity, has gained or has access to personal information about a student, prospective student or former student of a recognised school.\n- (a) for a purpose of this Act; or\n- (b) with the consent of the person to whom the information relates, or if the person is a child unable to consent, with the consent of a parent of the child; or\n- (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (d) as permitted or required under subsection (4A) or another Act; or\n- (e) with the written consent of the chief executive, who may give the consent if he or she is reasonably satisfied the recording, use or disclosure is— (i) necessary to assist in averting a serious risk to the life, health or safety of a person, including the person to whom the information relates; or (ii) in the public interest; or (iii) necessary for research, or the compilation or analysis of statistics, if— (A) the research, compilation or analysis is in the public interest; and (B) the recording, use or disclosure does not involve the publication of all or any of the information in a form that identifies a person to whom the information relates; and (C) it is not practicable to obtain the express or implied agreement of each person to whom the information relates before the information is recorded, used or disclosed; and (D) for a disclosure—the chief executive is reasonably satisfied the person to whom the information is disclosed will not disclose the information to anyone else.\n- (i) necessary to assist in averting a serious risk to the life, health or safety of a person, including the person to whom the information relates; or\n- (ii) in the public interest; or\n- (iii) necessary for research, or the compilation or analysis of statistics, if— (A) the research, compilation or analysis is in the public interest; and (B) the recording, use or disclosure does not involve the publication of all or any of the information in a form that identifies a person to whom the information relates; and (C) it is not practicable to obtain the express or implied agreement of each person to whom the information relates before the information is recorded, used or disclosed; and (D) for a disclosure—the chief executive is reasonably satisfied the person to whom the information is disclosed will not disclose the information to anyone else.\n- (A) the research, compilation or analysis is in the public interest; and\n- (B) the recording, use or disclosure does not involve the publication of all or any of the information in a form that identifies a person to whom the information relates; and\n- (C) it is not practicable to obtain the express or implied agreement of each person to whom the information relates before the information is recorded, used or disclosed; and\n- (D) for a disclosure—the chief executive is reasonably satisfied the person to whom the information is disclosed will not disclose the information to anyone else.\n- (i) necessary to assist in averting a serious risk to the life, health or safety of a person, including the person to whom the information relates; or\n- (ii) in the public interest; or\n- (iii) necessary for research, or the compilation or analysis of statistics, if— (A) the research, compilation or analysis is in the public interest; and (B) the recording, use or disclosure does not involve the publication of all or any of the information in a form that identifies a person to whom the information relates; and (C) it is not practicable to obtain the express or implied agreement of each person to whom the information relates before the information is recorded, used or disclosed; and (D) for a disclosure—the chief executive is reasonably satisfied the person to whom the information is disclosed will not disclose the information to anyone else.\n- (A) the research, compilation or analysis is in the public interest; and\n- (B) the recording, use or disclosure does not involve the publication of all or any of the information in a form that identifies a person to whom the information relates; and\n- (C) it is not practicable to obtain the express or implied agreement of each person to whom the information relates before the information is recorded, used or disclosed; and\n- (D) for a disclosure—the chief executive is reasonably satisfied the person to whom the information is disclosed will not disclose the information to anyone else.\n- (A) the research, compilation or analysis is in the public interest; and\n- (B) the recording, use or disclosure does not involve the publication of all or any of the information in a form that identifies a person to whom the information relates; and\n- (C) it is not practicable to obtain the express or implied agreement of each person to whom the information relates before the information is recorded, used or disclosed; and\n- (D) for a disclosure—the chief executive is reasonably satisfied the person to whom the information is disclosed will not disclose the information to anyone else.\n- (a) a person appointed to a position with the school; and\n- (b) a person engaged by the chief executive, the State school’s principal, or the relevant non-State school’s governing body, under a contract for services; and\n- (c) a volunteer who performs a task for the school at any place.","sortOrder":619},{"sectionNumber":"sec.427","sectionType":"section","heading":"Homework guidelines for State schools","content":"### sec.427 Homework guidelines for State schools\n\nThe chief executive may make guidelines about homework for State schools.\nIssues that may be addressed by a guideline include the following—\nthe purpose of homework;\nhomework approaches appropriate to each stage of learning at a State school;\nthe setting of homework tasks for a student appropriate to the student’s ability;\nthe recommended amount of time a student should be expected to spend on homework;\nthe responsibilities of teachers, parents and students in relation to homework;\nthe development and implementation of a homework policy by a State school’s principal.\nA guideline may be amended or replaced by a later guideline made under this section.\nA guideline must be made available to each principal of a State school.\n(sec.427-ssec.1) The chief executive may make guidelines about homework for State schools.\n(sec.427-ssec.2) Issues that may be addressed by a guideline include the following— the purpose of homework; homework approaches appropriate to each stage of learning at a State school; the setting of homework tasks for a student appropriate to the student’s ability; the recommended amount of time a student should be expected to spend on homework; the responsibilities of teachers, parents and students in relation to homework; the development and implementation of a homework policy by a State school’s principal.\n(sec.427-ssec.3) A guideline may be amended or replaced by a later guideline made under this section.\n(sec.427-ssec.4) A guideline must be made available to each principal of a State school.\n- (a) the purpose of homework;\n- (b) homework approaches appropriate to each stage of learning at a State school;\n- (c) the setting of homework tasks for a student appropriate to the student’s ability;\n- (d) the recommended amount of time a student should be expected to spend on homework;\n- (e) the responsibilities of teachers, parents and students in relation to homework;\n- (f) the development and implementation of a homework policy by a State school’s principal.","sortOrder":620},{"sectionNumber":"sec.428","sectionType":"section","heading":"Collection of demographic information","content":"### sec.428 Collection of demographic information\n\nThe chief executive may collect demographic information about any of the following and their parents if the only purpose of the collection is to give effect to, or manage, an education funding arrangement—\nState school students;\na kindergarten age child registered in—\na kindergarten learning program at a State school; or\na distance education kindergarten learning program;\npersons with a disability who—\nunder section 420 (2) , are being provided with special education at a State school; and\nare not enrolled in the preparatory year at the school.\nTo remove any doubt, it is declared that subsection (1) does not prevent the collection by the chief executive of demographic information about the persons mentioned in subsection (1) for a purpose of this Act.\nIn this section—\neducation funding arrangement means a funding arrangement for educational services provided by the State entered into between the Commonwealth and the State.\ns 428 amd 2009 No. 40 s 15 ; 2012 No. 35 s 16 ; 2018 No. 1 s 150 sch 2\n(sec.428-ssec.1) The chief executive may collect demographic information about any of the following and their parents if the only purpose of the collection is to give effect to, or manage, an education funding arrangement— State school students; a kindergarten age child registered in— a kindergarten learning program at a State school; or a distance education kindergarten learning program; persons with a disability who— under section 420 (2) , are being provided with special education at a State school; and are not enrolled in the preparatory year at the school.\n(sec.428-ssec.2) To remove any doubt, it is declared that subsection (1) does not prevent the collection by the chief executive of demographic information about the persons mentioned in subsection (1) for a purpose of this Act.\n(sec.428-ssec.3) In this section— education funding arrangement means a funding arrangement for educational services provided by the State entered into between the Commonwealth and the State.\n- (a) State school students;\n- (b) a kindergarten age child registered in— (i) a kindergarten learning program at a State school; or (ii) a distance education kindergarten learning program;\n- (i) a kindergarten learning program at a State school; or\n- (ii) a distance education kindergarten learning program;\n- (c) persons with a disability who— (i) under section 420 (2) , are being provided with special education at a State school; and (ii) are not enrolled in the preparatory year at the school.\n- (i) under section 420 (2) , are being provided with special education at a State school; and\n- (ii) are not enrolled in the preparatory year at the school.\n- (i) a kindergarten learning program at a State school; or\n- (ii) a distance education kindergarten learning program;\n- (i) under section 420 (2) , are being provided with special education at a State school; and\n- (ii) are not enrolled in the preparatory year at the school.","sortOrder":621},{"sectionNumber":"sec.429","sectionType":"section","heading":"Chief executive’s directions about State school records and reports","content":"### sec.429 Chief executive’s directions about State school records and reports\n\nA State school’s principal must comply with the chief executive’s written directions to the principal about the following matters—\nthe school records that must be kept;\nthe reports about the school that must be given to the chief executive;\nthe times by which, and the way in which, the records must be kept or the reports given.\n- (a) the school records that must be kept;\n- (b) the reports about the school that must be given to the chief executive;\n- (c) the times by which, and the way in which, the records must be kept or the reports given.","sortOrder":622},{"sectionNumber":"sec.429A","sectionType":"section","heading":"Prohibition on use of particular terms","content":"### sec.429A Prohibition on use of particular terms\n\nThis section concerns the use of the following terms (the prohibited terms ) by an approved provider—\n‘preparatory year’;\n‘prep year’;\n‘prep’;\n‘P.R.E.P.’;\nany other name, initial, word or description that, having regard to the circumstances in which it is used, may suggest the approved provider is offering education in the preparatory year.\nAn approved provider must not use a prohibited term in describing education and care or regulated education and care provided under a service approval held by the approved provider.\nMaximum penalty—\nfor a first offence—50 penalty units; or\nfor a second or subsequent offence—100 penalty units.\nAn approved provider must not use a prohibited term in describing regulated education and care provided under a service approval held by the approved provider.\nMaximum penalty—\nfor a first offence—50 penalty units; or\nfor a second or subsequent offence—100 penalty units.\nIn this section—\napproved provider means—\nfor education and care provided under the Education and Care Service National Law (Queensland) —see the Education and Care Services National Law (Queensland) , section 5 (1) ; or\nfor regulated education and care provided under the Education and Care Services Act 2013 —see the Education and Care Services Act 2013 , schedule 1 .\nservice approval means—\nfor education and care provided under the Education and Care Service National Law (Queensland) —see the Education and Care Services National Law (Queensland) , section 5 (1) ; or\nfor regulated education and care provided under the Education and Care Services Act 2013 —see the Education and Care Services Act 2013 , schedule 1 .\ns 429A ins 2006 No. 39 s 512 (2) sch 2\namd 2009 No. 40 s 16\nsub 2011 No. 38 s 69\namd 2013 No. 44 s 269 sch 1 pt 2\n(sec.429A-ssec.1) This section concerns the use of the following terms (the prohibited terms ) by an approved provider— ‘preparatory year’; ‘prep year’; ‘prep’; ‘P.R.E.P.’; any other name, initial, word or description that, having regard to the circumstances in which it is used, may suggest the approved provider is offering education in the preparatory year.\n(sec.429A-ssec.2) An approved provider must not use a prohibited term in describing education and care or regulated education and care provided under a service approval held by the approved provider. Maximum penalty— for a first offence—50 penalty units; or for a second or subsequent offence—100 penalty units.\n(sec.429A-ssec.3) An approved provider must not use a prohibited term in describing regulated education and care provided under a service approval held by the approved provider. Maximum penalty— for a first offence—50 penalty units; or for a second or subsequent offence—100 penalty units.\n(sec.429A-ssec.4) In this section— approved provider means— for education and care provided under the Education and Care Service National Law (Queensland) —see the Education and Care Services National Law (Queensland) , section 5 (1) ; or for regulated education and care provided under the Education and Care Services Act 2013 —see the Education and Care Services Act 2013 , schedule 1 . service approval means— for education and care provided under the Education and Care Service National Law (Queensland) —see the Education and Care Services National Law (Queensland) , section 5 (1) ; or for regulated education and care provided under the Education and Care Services Act 2013 —see the Education and Care Services Act 2013 , schedule 1 .\n- (a) ‘preparatory year’;\n- (b) ‘prep year’;\n- (c) ‘prep’;\n- (d) ‘P.R.E.P.’;\n- (e) any other name, initial, word or description that, having regard to the circumstances in which it is used, may suggest the approved provider is offering education in the preparatory year.\n- (a) for a first offence—50 penalty units; or\n- (b) for a second or subsequent offence—100 penalty units.\n- (a) for a first offence—50 penalty units; or\n- (b) for a second or subsequent offence—100 penalty units.\n- (a) for education and care provided under the Education and Care Service National Law (Queensland) —see the Education and Care Services National Law (Queensland) , section 5 (1) ; or\n- (b) for regulated education and care provided under the Education and Care Services Act 2013 —see the Education and Care Services Act 2013 , schedule 1 .\n- (a) for education and care provided under the Education and Care Service National Law (Queensland) —see the Education and Care Services National Law (Queensland) , section 5 (1) ; or\n- (b) for regulated education and care provided under the Education and Care Services Act 2013 —see the Education and Care Services Act 2013 , schedule 1 .","sortOrder":623},{"sectionNumber":"sec.429B","sectionType":"section","heading":"Anti-Discrimination Act 1991","content":"### sec.429B Anti-Discrimination Act 1991\n\nThe Anti-Discrimination Act 1991 does not apply in relation to an act that is necessary to comply with, or is specifically authorised by, a mature age student provision.\nIn this section—\nmature age student provision means—\na provision of this Act about the enrolment of a person as a mature age student of a mature age State school; or\na provision of chapter 8A that applies in relation to—\na mature age student of a mature age State school; or\na prospective mature age student.\nprospective mature age student means a person who has applied for enrolment as a mature age student of a mature age State school.\ns 429B ins 2014 No. 62 s 126\n(sec.429B-ssec.1) The Anti-Discrimination Act 1991 does not apply in relation to an act that is necessary to comply with, or is specifically authorised by, a mature age student provision.\n(sec.429B-ssec.2) In this section— mature age student provision means— a provision of this Act about the enrolment of a person as a mature age student of a mature age State school; or a provision of chapter 8A that applies in relation to— a mature age student of a mature age State school; or a prospective mature age student. prospective mature age student means a person who has applied for enrolment as a mature age student of a mature age State school.\n- (a) a provision of this Act about the enrolment of a person as a mature age student of a mature age State school; or\n- (b) a provision of chapter 8A that applies in relation to— (i) a mature age student of a mature age State school; or (ii) a prospective mature age student.\n- (i) a mature age student of a mature age State school; or\n- (ii) a prospective mature age student.\n- (i) a mature age student of a mature age State school; or\n- (ii) a prospective mature age student.","sortOrder":624},{"sectionNumber":"sec.430","sectionType":"section","heading":"Failure to decide application","content":"### sec.430 Failure to decide application\n\nThis section applies if, under this Act, the chief executive is taken to have decided to refuse to grant an application.\nTo remove any doubt, it is declared the chief executive must as soon as practicable give the applicant an information notice about the decision.\n(sec.430-ssec.1) This section applies if, under this Act, the chief executive is taken to have decided to refuse to grant an application.\n(sec.430-ssec.2) To remove any doubt, it is declared the chief executive must as soon as practicable give the applicant an information notice about the decision.","sortOrder":625},{"sectionNumber":"sec.431","sectionType":"section","heading":"Delegation by Minister","content":"### sec.431 Delegation by Minister\n\nThe Minister may delegate the Minister’s functions under this Act to an appropriately qualified person.\nIn this section—\nfunctions includes powers.\ns 431 amd 2014 No. 62 s 59\n(sec.431-ssec.1) The Minister may delegate the Minister’s functions under this Act to an appropriately qualified person.\n(sec.431-ssec.2) In this section— functions includes powers.","sortOrder":626},{"sectionNumber":"sec.432","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.432 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified officer of the department.\nAlso, the chief executive may delegate the relevant chapter 10 functions to—\nan appropriately qualified employee, other than an officer, employed in the department; or\nan appropriately qualified employee employed in the department in which the Further Education and Training Act 2014 is administered.\nA delegation under subsection (1) or (2) of a relevant chapter 10 function may permit the subdelegation of the function to an appropriately qualified employee of—\nthe department; or\nthe department in which the Further Education and Training Act 2014 is administered.\nIn this section—\nfunction includes power.\nrelevant chapter 10 functions means the chief executive’s functions under chapter 10 , other than section 242 .\ns 432 amd 2014 No. 62 s 60\n(sec.432-ssec.1) The chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified officer of the department.\n(sec.432-ssec.2) Also, the chief executive may delegate the relevant chapter 10 functions to— an appropriately qualified employee, other than an officer, employed in the department; or an appropriately qualified employee employed in the department in which the Further Education and Training Act 2014 is administered.\n(sec.432-ssec.3) A delegation under subsection (1) or (2) of a relevant chapter 10 function may permit the subdelegation of the function to an appropriately qualified employee of— the department; or the department in which the Further Education and Training Act 2014 is administered.\n(sec.432-ssec.4) In this section— function includes power. relevant chapter 10 functions means the chief executive’s functions under chapter 10 , other than section 242 .\n- (a) an appropriately qualified employee, other than an officer, employed in the department; or\n- (b) an appropriately qualified employee employed in the department in which the Further Education and Training Act 2014 is administered.\n- (a) the department; or\n- (b) the department in which the Further Education and Training Act 2014 is administered.","sortOrder":627},{"sectionNumber":"sec.433","sectionType":"section","heading":"Approval of forms","content":"### sec.433 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":628},{"sectionNumber":"sec.434","sectionType":"section","heading":"Regulation-making power","content":"### sec.434 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about the following—\nfees, including the refunding of fees, for this Act, other than the fees mentioned in section 51 ;\nthe management, administration and control of the operations of a State educational institution;\nthe use of a State educational institution’s premises;\nthe dissolution of an association or school council;\nthe requirements about the age for enrolment of a child at a State school or non-State school;\nimposing a penalty of not more than 10 penalty units for a contravention of a provision of a regulation.\nWithout limiting subsection (2) (a) , a regulation may be made about fees for the provision of education, including distance education, by a State school to a person enrolled at a non-State school.\n(sec.434-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.434-ssec.2) A regulation may be made about the following— fees, including the refunding of fees, for this Act, other than the fees mentioned in section 51 ; the management, administration and control of the operations of a State educational institution; the use of a State educational institution’s premises; the dissolution of an association or school council; the requirements about the age for enrolment of a child at a State school or non-State school; imposing a penalty of not more than 10 penalty units for a contravention of a provision of a regulation.\n(sec.434-ssec.3) Without limiting subsection (2) (a) , a regulation may be made about fees for the provision of education, including distance education, by a State school to a person enrolled at a non-State school.\n- (a) fees, including the refunding of fees, for this Act, other than the fees mentioned in section 51 ;\n- (b) the management, administration and control of the operations of a State educational institution;\n- (c) the use of a State educational institution’s premises;\n- (d) the dissolution of an association or school council;\n- (e) the requirements about the age for enrolment of a child at a State school or non-State school;\n- (f) imposing a penalty of not more than 10 penalty units for a contravention of a provision of a regulation.","sortOrder":629},{"sectionNumber":"ch.20-pt.1","sectionType":"part","heading":"Repeal of Acts","content":"# Repeal of Acts","sortOrder":630},{"sectionNumber":"sec.435","sectionType":"section","heading":"Repeal","content":"### sec.435 Repeal\n\nThe following Acts are repealed—\nEducation (General Provisions) Act 1989 No. 30\nYouth Participation in Education and Training Act 2003 No. 62.\n- • Education (General Provisions) Act 1989 No. 30\n- • Youth Participation in Education and Training Act 2003 No. 62.","sortOrder":631},{"sectionNumber":"ch.20-pt.2","sectionType":"part","heading":"Validations","content":"# Validations","sortOrder":632},{"sectionNumber":"sec.436","sectionType":"section","heading":"Validation of fee waiver","content":"### sec.436 Validation of fee waiver\n\nThis section applies if, before the commencement of this section, the chief executive waived, wholly or partly, the payment by a person of a fee payable under the Education (General Provisions) Regulation 2000 , section 72(4).\nThe waiver is taken to be, and to always have been, valid and effective.\n(sec.436-ssec.1) This section applies if, before the commencement of this section, the chief executive waived, wholly or partly, the payment by a person of a fee payable under the Education (General Provisions) Regulation 2000 , section 72(4).\n(sec.436-ssec.2) The waiver is taken to be, and to always have been, valid and effective.","sortOrder":633},{"sectionNumber":"ch.20-pt.3","sectionType":"part","heading":"Transitional provisions for Education (General Provisions) Act 2006","content":"# Transitional provisions for Education (General Provisions) Act 2006","sortOrder":634},{"sectionNumber":"sec.437","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.437 Definitions for pt 3\n\ncommencement means the commencement of the provision in which the term appears.\ncorporation sole means the corporation sole named ‘The Minister for Education of Queensland’, constituted under the repealed E(GP) Act.\nrepealed E(GP) Act means the Education (General Provisions) Act 1989 as in force from time to time before its repeal.\nrepealed YPET Act means the Youth Participation in Education and Training Act 2003 as in force from time to time before its repeal.","sortOrder":635},{"sectionNumber":"sec.438","sectionType":"section","heading":"References to repealed Acts","content":"### sec.438 References to repealed Acts\n\nIn an Act or document, a reference to the Education (General Provisions) Act 1989 or the Youth Participation in Education and Training Act 2003 may, if the context permits, be taken to be a reference to this Act.","sortOrder":636},{"sectionNumber":"sec.439","sectionType":"section","heading":"Dissolution of corporation sole","content":"### sec.439 Dissolution of corporation sole\n\nOn the commencement, the corporation sole is dissolved.","sortOrder":637},{"sectionNumber":"sec.440","sectionType":"section","heading":"Vesting of assets, rights and liabilities of corporation sole","content":"### sec.440 Vesting of assets, rights and liabilities of corporation sole\n\nOn the commencement—\nthe assets, rights and liabilities of the corporation sole vest in the State; and\nthe State is substituted for the corporation sole in all contracts to which the corporation sole is a party; and\nany property held by the corporation sole on trust is held by the State on the terms of the trust.\nDespite subsection (1)(b), the chief executive is substituted for the corporation sole in all contracts, entered into under the Education (Work Experience) Act 1996 , section 8 or 9, to which the corporation sole is a party.\n(sec.440-ssec.1) On the commencement— the assets, rights and liabilities of the corporation sole vest in the State; and the State is substituted for the corporation sole in all contracts to which the corporation sole is a party; and any property held by the corporation sole on trust is held by the State on the terms of the trust.\n(sec.440-ssec.2) Despite subsection (1)(b), the chief executive is substituted for the corporation sole in all contracts, entered into under the Education (Work Experience) Act 1996 , section 8 or 9, to which the corporation sole is a party.\n- (a) the assets, rights and liabilities of the corporation sole vest in the State; and\n- (b) the State is substituted for the corporation sole in all contracts to which the corporation sole is a party; and\n- (c) any property held by the corporation sole on trust is held by the State on the terms of the trust.","sortOrder":638},{"sectionNumber":"sec.441","sectionType":"section","heading":"Legal proceedings involving the corporation sole","content":"### sec.441 Legal proceedings involving the corporation sole\n\nA legal proceeding that could have been started or continued by or against the corporation sole immediately before the commencement may be started or continued against the State.","sortOrder":639},{"sectionNumber":"sec.442","sectionType":"section","heading":"References to corporation sole","content":"### sec.442 References to corporation sole\n\nA reference in an Act or document in existence immediately before the commencement to the corporation sole may, if the context permits, be taken to be a reference to the State.","sortOrder":640},{"sectionNumber":"sec.443","sectionType":"section","heading":"Offences","content":"### sec.443 Offences\n\nProceedings for an offence against the repealed E(GP) Act or the repealed YPET Act may be continued, or started, and the provisions of the repealed E(GP) Act or the repealed YPET Act necessary or convenient to be used in relation to the proceedings continue to apply as if this Act had not commenced.\nFor subsection (1), the Acts Interpretation Act 1954 , section 20, applies but does not limit the subsection.\n(sec.443-ssec.1) Proceedings for an offence against the repealed E(GP) Act or the repealed YPET Act may be continued, or started, and the provisions of the repealed E(GP) Act or the repealed YPET Act necessary or convenient to be used in relation to the proceedings continue to apply as if this Act had not commenced.\n(sec.443-ssec.2) For subsection (1), the Acts Interpretation Act 1954 , section 20, applies but does not limit the subsection.","sortOrder":641},{"sectionNumber":"sec.444","sectionType":"section","heading":"Power of Minister to be member of committees etc.","content":"### sec.444 Power of Minister to be member of committees etc.\n\nSubsection (2) applies if, immediately before the commencement, the Minister, or a person authorised by the Minister for the repealed E(GP) Act, section 9, was a member of a committee, group or body mentioned in that section.\nThe committee, group or body is taken to be an entity mentioned in section 411 and the Minister or person authorised by the Minister is taken to be a member of the committee, group or body for that section.\nSubsection (4) applies if, immediately before the commencement, the Minister, or person authorised by the Minister, was a party to an agreement mentioned in the repealed E(GP) Act, section 9, with a committee, group or body mentioned in that section.\nThe Minister or person authorised by the Minister is taken to be a party to an agreement mentioned in section 411.\n(sec.444-ssec.1) Subsection (2) applies if, immediately before the commencement, the Minister, or a person authorised by the Minister for the repealed E(GP) Act, section 9, was a member of a committee, group or body mentioned in that section.\n(sec.444-ssec.2) The committee, group or body is taken to be an entity mentioned in section 411 and the Minister or person authorised by the Minister is taken to be a member of the committee, group or body for that section.\n(sec.444-ssec.3) Subsection (4) applies if, immediately before the commencement, the Minister, or person authorised by the Minister, was a party to an agreement mentioned in the repealed E(GP) Act, section 9, with a committee, group or body mentioned in that section.\n(sec.444-ssec.4) The Minister or person authorised by the Minister is taken to be a party to an agreement mentioned in section 411.","sortOrder":642},{"sectionNumber":"sec.445","sectionType":"section","heading":"Advisory committees","content":"### sec.445 Advisory committees\n\nAn advisory committee established under the repealed E(GP) Act, section 12, and in existence immediately before the commencement continues as an advisory committee established under section 412 and the members of the committee continue as members.","sortOrder":643},{"sectionNumber":"sec.446","sectionType":"section","heading":"State educational institutions","content":"### sec.446 State educational institutions\n\nA State school established under the repealed E(GP) Act, section 16, and in existence immediately before the commencement, is taken to be a State school established under section 13.\nA centre for continuing secondary education established under the repealed E(GP) Act, section 17, and in existence immediately before the commencement, is taken to be a State school established under section 13.\nAn environmental education centre or outdoor education centre established under the repealed E(GP) Act, section 17, and in existence immediately before the commencement, is taken to be a State educational institution established under section 14.\nA State preschool centre established under the repealed E(GP) Act, section 17, and in existence immediately before the commencement, is taken to be a State educational institution established under section 15.\nA centre, hostel or college established under the repealed E(GP) Act, section 18, and in existence immediately before the commencement, is taken to be a State educational institution established under section 15.\n(sec.446-ssec.1) A State school established under the repealed E(GP) Act, section 16, and in existence immediately before the commencement, is taken to be a State school established under section 13.\n(sec.446-ssec.2) A centre for continuing secondary education established under the repealed E(GP) Act, section 17, and in existence immediately before the commencement, is taken to be a State school established under section 13.\n(sec.446-ssec.3) An environmental education centre or outdoor education centre established under the repealed E(GP) Act, section 17, and in existence immediately before the commencement, is taken to be a State educational institution established under section 14.\n(sec.446-ssec.4) A State preschool centre established under the repealed E(GP) Act, section 17, and in existence immediately before the commencement, is taken to be a State educational institution established under section 15.\n(sec.446-ssec.5) A centre, hostel or college established under the repealed E(GP) Act, section 18, and in existence immediately before the commencement, is taken to be a State educational institution established under section 15.","sortOrder":644},{"sectionNumber":"sec.447","sectionType":"section","heading":"Curriculum framework and directions","content":"### sec.447 Curriculum framework and directions\n\nA curriculum framework applying, immediately before the commencement, under the repealed E(GP) Act, section 19 to an educational institution is taken to be a curriculum framework applying to the institution under section 21.\nA direction given under the repealed E(GP) Act, section 19B(2), and in force immediately before the commencement, is taken to be a direction given under section 23(2).\nA direction given under the repealed E(GP) Act, section 19B(3), and in force immediately before the commencement, is taken to be a direction given under section 23(3).\nA direction given under the repealed E(GP) Act, section 19B(4), and in force immediately before the commencement, is taken to be a direction given under section 23(4).\nA direction given under the repealed E(GP) Act, section 19C, and in force immediately before the commencement, is taken to be a direction given under section 24.\n(sec.447-ssec.1) A curriculum framework applying, immediately before the commencement, under the repealed E(GP) Act, section 19 to an educational institution is taken to be a curriculum framework applying to the institution under section 21.\n(sec.447-ssec.2) A direction given under the repealed E(GP) Act, section 19B(2), and in force immediately before the commencement, is taken to be a direction given under section 23(2).\n(sec.447-ssec.3) A direction given under the repealed E(GP) Act, section 19B(3), and in force immediately before the commencement, is taken to be a direction given under section 23(3).\n(sec.447-ssec.4) A direction given under the repealed E(GP) Act, section 19B(4), and in force immediately before the commencement, is taken to be a direction given under section 23(4).\n(sec.447-ssec.5) A direction given under the repealed E(GP) Act, section 19C, and in force immediately before the commencement, is taken to be a direction given under section 24.","sortOrder":645},{"sectionNumber":"sec.448","sectionType":"section","heading":"Chief executive’s directions about State school records and reports","content":"### sec.448 Chief executive’s directions about State school records and reports\n\nA written direction about school records or reports given by the chief executive to a State school principal under the repealed E(GP) Act, section 25(1), and in force at the commencement, is taken to be a written direction under section 429.","sortOrder":646},{"sectionNumber":"sec.449","sectionType":"section","heading":"Religious instruction","content":"### sec.449 Religious instruction\n\nAn accredited representative of a religious denomination or society who, immediately before the commencement, was entitled to give religious instruction to students of a State school under the repealed E(GP) Act, section 26(1), is taken to be approved to give religious instruction to students of a State school under section 76(1).\nA notice given under the repealed E(GP) Act, section 26(5) and in effect immediately before the commencement is taken to have been given under section 76(5).\n(sec.449-ssec.1) An accredited representative of a religious denomination or society who, immediately before the commencement, was entitled to give religious instruction to students of a State school under the repealed E(GP) Act, section 26(1), is taken to be approved to give religious instruction to students of a State school under section 76(1).\n(sec.449-ssec.2) A notice given under the repealed E(GP) Act, section 26(5) and in effect immediately before the commencement is taken to have been given under section 76(5).","sortOrder":647},{"sectionNumber":"sec.450","sectionType":"section","heading":"Application for mature age student notices","content":"### sec.450 Application for mature age student notices\n\nAn application for a mature age student notice made to the chief executive under the repealed E(GP) Act, section 26AD, but not decided under section 26AE of that Act immediately before the commencement—\nis taken to have been made under section 28; and\nmust be decided under section 29.\n- (a) is taken to have been made under section 28; and\n- (b) must be decided under section 29.","sortOrder":648},{"sectionNumber":"sec.451","sectionType":"section","heading":"Currency of positive notice","content":"### sec.451 Currency of positive notice\n\nA positive notice issued under the repealed E(GP) Act, section 26AE, and in force immediately before the commencement—\nis taken to be a positive notice issued under section 29; and\nremains in force until it would have expired under the repealed E(GP) Act unless it is sooner cancelled and replaced under chapter 2, part 5, division 5.\n- (a) is taken to be a positive notice issued under section 29; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act unless it is sooner cancelled and replaced under chapter 2, part 5, division 5.","sortOrder":649},{"sectionNumber":"sec.452","sectionType":"section","heading":"Review of decision to issue negative notice","content":"### sec.452 Review of decision to issue negative notice\n\nIf, immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 26AP, to apply for a review of a decision to issue the person with a negative notice but had not applied, the person may apply for a review under section 40.\nAn application for a review made under the repealed E(GP) Act, section 26AP, but not decided under section 26AR of that Act immediately before the commencement—\nis taken to be an application made under section 40; and\nmust be decided under section 42.\n(sec.452-ssec.1) If, immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 26AP, to apply for a review of a decision to issue the person with a negative notice but had not applied, the person may apply for a review under section 40.\n(sec.452-ssec.2) An application for a review made under the repealed E(GP) Act, section 26AP, but not decided under section 26AR of that Act immediately before the commencement— is taken to be an application made under section 40; and must be decided under section 42.\n- (a) is taken to be an application made under section 40; and\n- (b) must be decided under section 42.","sortOrder":650},{"sectionNumber":"sec.453","sectionType":"section","heading":"Behaviour plans","content":"### sec.453 Behaviour plans\n\nA behaviour management plan for a State school, developed under the repealed E(GP) Act, section 27, and in force immediately before the commencement, is taken, for 6 months after the commencement, to be an approved behaviour plan for the school, under chapter 12, part 1.\ns 453 amd 2009 No. 24 s 170","sortOrder":651},{"sectionNumber":"sec.454","sectionType":"section","heading":"Time limit on new application for mature age student notice","content":"### sec.454 Time limit on new application for mature age student notice\n\nSubsection (2) applies if—\nbefore the commencement, the chief executive decided an application under the repealed E(GP) Act for a mature age student notice by issuing the person with a negative notice; and\nimmediately before the commencement, the time under section 26AT of that Act before which the person could make another application had not arrived.\nThe person may not make an application for a mature age student notice under chapter 2, part 5, before that time.\n(sec.454-ssec.1) Subsection (2) applies if— before the commencement, the chief executive decided an application under the repealed E(GP) Act for a mature age student notice by issuing the person with a negative notice; and immediately before the commencement, the time under section 26AT of that Act before which the person could make another application had not arrived.\n(sec.454-ssec.2) The person may not make an application for a mature age student notice under chapter 2, part 5, before that time.\n- (a) before the commencement, the chief executive decided an application under the repealed E(GP) Act for a mature age student notice by issuing the person with a negative notice; and\n- (b) immediately before the commencement, the time under section 26AT of that Act before which the person could make another application had not arrived.","sortOrder":652},{"sectionNumber":"sec.455","sectionType":"section","heading":"Suspension of student","content":"### sec.455 Suspension of student\n\nIf a student was suspended under the repealed E(GP) Act, section 29, and, immediately before the commencement, the period of suspension had not expired, the period continues as if it were a suspension under section 285.","sortOrder":653},{"sectionNumber":"sec.456","sectionType":"section","heading":"Submission against suspension for more than 5 days","content":"### sec.456 Submission against suspension for more than 5 days\n\nIf, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 31, to make a submission against a suspension of more than 5 days but had not made a submission, the student may make the submission under section 287.","sortOrder":654},{"sectionNumber":"sec.457","sectionType":"section","heading":"Dealing with submissions against suspension for more than 5 days","content":"### sec.457 Dealing with submissions against suspension for more than 5 days\n\nIf a submission against a suspension for more than 5 days was made under the repealed E(GP) Act, section 31, but not dealt with under section 32 of that Act before the commencement, the submission may be dealt with under section 288.","sortOrder":655},{"sectionNumber":"sec.458","sectionType":"section","heading":"Recommendation to principal’s supervisor of exclusion of student","content":"### sec.458 Recommendation to principal’s supervisor of exclusion of student\n\nA recommendation that a student be excluded, made under the repealed E(GP) Act, section 34(2), but not dealt with under section 36 of that Act before the commencement—\nis taken to be a recommendation made under section 290(2); and\nmay be dealt with under section 293.\n- (a) is taken to be a recommendation made under section 290(2); and\n- (b) may be dealt with under section 293.","sortOrder":656},{"sectionNumber":"sec.459","sectionType":"section","heading":"Suspension pending dealing with recommendation for exclusion","content":"### sec.459 Suspension pending dealing with recommendation for exclusion\n\nIf a student was suspended from a State educational institution, under the repealed E(GP) Act, section 34(2)(b), but, immediately before the commencement, had not been given a notice under subsection (3) of that section—\nthe suspension is taken to be a suspension under section 290(2)(b); and\nthe student must be given a notice under section 290(3).\n- (a) the suspension is taken to be a suspension under section 290(2)(b); and\n- (b) the student must be given a notice under section 290(3).","sortOrder":657},{"sectionNumber":"sec.460","sectionType":"section","heading":"Submissions against suspension and recommendation for exclusion","content":"### sec.460 Submissions against suspension and recommendation for exclusion\n\nIf, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 35, to make a submission against a suspension and recommendation for exclusion but had not made a submission, the student may make the submission under section 292.","sortOrder":658},{"sectionNumber":"sec.461","sectionType":"section","heading":"Exclusion of student by principal’s supervisor","content":"### sec.461 Exclusion of student by principal’s supervisor\n\nIf a student was excluded under the repealed E(GP) Act, section 36, and, immediately before the commencement, the period of exclusion had not expired, the period continues as if it were a exclusion under section 293.","sortOrder":659},{"sectionNumber":"sec.462","sectionType":"section","heading":"Suspension pending final decision about exclusion","content":"### sec.462 Suspension pending final decision about exclusion\n\nIf a student was suspended under the repealed E(GP) Act, section 36C, and, immediately before the commencement, the period of suspension had not expired, the period continues as if it were a suspension under section 300.","sortOrder":660},{"sectionNumber":"sec.463","sectionType":"section","heading":"Submissions against proposed exclusion","content":"### sec.463 Submissions against proposed exclusion\n\nIf, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 36D, to make a submission against a proposed exclusion but had not made a submission, the student may make the submission under section 301.","sortOrder":661},{"sectionNumber":"sec.464","sectionType":"section","heading":"Exclusion of student by chief executive","content":"### sec.464 Exclusion of student by chief executive\n\nIf a student was excluded under the repealed E(GP) Act, section 36E, and, immediately before the commencement, the period of exclusion had not expired, the period continues as if it were an exclusion under section 302.","sortOrder":662},{"sectionNumber":"sec.465","sectionType":"section","heading":"Submission against exclusion decision","content":"### sec.465 Submission against exclusion decision\n\nIf, immediately before the commencement, an excluded person was entitled under the repealed E(GP) Act, section 37, to make a submission against the exclusion but had not made a submission, the excluded person may make the submission under section 312.","sortOrder":663},{"sectionNumber":"sec.466","sectionType":"section","heading":"Dealing with submissions against exclusions","content":"### sec.466 Dealing with submissions against exclusions\n\nIf a submission against exclusion was made to the chief executive under the repealed E(GP) Act, section 37, but the chief executive had not made a decision under section 38 about the submission before the commencement, the submission—\nis taken to have been made under section 312; and\nmust be dealt with under section 313.\n- (a) is taken to have been made under section 312; and\n- (b) must be dealt with under section 313.","sortOrder":664},{"sectionNumber":"sec.467","sectionType":"section","heading":"Periodic review of decision to exclude","content":"### sec.467 Periodic review of decision to exclude\n\nIf, immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 38A(4), to make a submission to the chief executive about whether the person’s exclusion should be revoked but the person had not made a submission, the person may make the submission under section 314.","sortOrder":665},{"sectionNumber":"sec.468","sectionType":"section","heading":"Dealing with submissions about whether exclusion should be revoked","content":"### sec.468 Dealing with submissions about whether exclusion should be revoked\n\nIf a submission about whether a student’s exclusion should be revoked was made to the chief executive under the repealed E(GP) Act, section 38A, but, before the commencement, the chief executive had not made a decision about the submission, the submission—\nis taken to have been made under section 314; and\nmust be dealt with under section 314.\n- (a) is taken to have been made under section 314; and\n- (b) must be dealt with under section 314.","sortOrder":666},{"sectionNumber":"sec.469","sectionType":"section","heading":"Cancellation of student’s enrolment","content":"### sec.469 Cancellation of student’s enrolment\n\nIf a student’s enrolment was cancelled under the repealed E(GP) Act, section 40, and, immediately before the commencement, the period of cancellation had not expired, the period continues as if it were a cancellation under section 320.","sortOrder":667},{"sectionNumber":"sec.470","sectionType":"section","heading":"Submission against cancellation of enrolment","content":"### sec.470 Submission against cancellation of enrolment\n\nIf, immediately before the commencement, a person under a cancellation was entitled under the repealed E(GP) Act, section 41, to make a submission against the cancellation of enrolment but had not made a submission, the person may make the submission under section 321.","sortOrder":668},{"sectionNumber":"sec.471","sectionType":"section","heading":"Dealing with submissions against cancellation of enrolment","content":"### sec.471 Dealing with submissions against cancellation of enrolment\n\nIf a submission against the cancellation of a person’s enrolment was made to a principal’s supervisor under the repealed E(GP) Act, section 41, but, immediately before the commencement, the supervisor had not made a decision about the submission, the submission—\nis taken to have been made under section 321; and\nmust be dealt with under section 322.\n- (a) is taken to have been made under section 321; and\n- (b) must be dealt with under section 322.","sortOrder":669},{"sectionNumber":"sec.472","sectionType":"section","heading":"Submissions about suspensions, exclusions or cancellations","content":"### sec.472 Submissions about suspensions, exclusions or cancellations\n\nIf, immediately before the commencement, a parent of a student who was under 18 years was entitled, under the repealed E(GP) Act, section 45, to make a submission about a suspension, suspension and recommendation for exclusion, exclusion or cancellation, but had not made a submission, the parent may make the submission under section 331.\nIn this section—\nparent , in relation to a student who is under 18 years, has the meaning the term had under the repealed E(GP) Act and includes an adult who has the care and control of the student.\n(sec.472-ssec.1) If, immediately before the commencement, a parent of a student who was under 18 years was entitled, under the repealed E(GP) Act, section 45, to make a submission about a suspension, suspension and recommendation for exclusion, exclusion or cancellation, but had not made a submission, the parent may make the submission under section 331.\n(sec.472-ssec.2) In this section— parent , in relation to a student who is under 18 years, has the meaning the term had under the repealed E(GP) Act and includes an adult who has the care and control of the student.","sortOrder":670},{"sectionNumber":"sec.473","sectionType":"section","heading":"Directions about conduct or movement at premises of State instructional institutions","content":"### sec.473 Directions about conduct or movement at premises of State instructional institutions\n\nA direction about a person’s conduct or movement at a State educational institution’s premises, given under the repealed E(GP) Act, section 48C, and in force immediately before the commencement—\nis taken to be a direction given under section 337; and\nremains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\nSubsection (3) applies if—\nimmediately before the commencement, a person was entitled under the repealed E(GP) Act, section 48D, to apply for a review of a direction given under section 48C but had not applied; and\nthe time period for applying for the review has not expired.\nThe time for applying for the review continues until it would have expired under section 48D and the application may be made under section 338.\nAn application for review of a direction, made under the repealed E(GP) Act, section 48D, but not decided before the commencement, is taken to be an application made under section 338.\n(sec.473-ssec.1) A direction about a person’s conduct or movement at a State educational institution’s premises, given under the repealed E(GP) Act, section 48C, and in force immediately before the commencement— is taken to be a direction given under section 337; and remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n(sec.473-ssec.2) Subsection (3) applies if— immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 48D, to apply for a review of a direction given under section 48C but had not applied; and the time period for applying for the review has not expired.\n(sec.473-ssec.3) The time for applying for the review continues until it would have expired under section 48D and the application may be made under section 338.\n(sec.473-ssec.4) An application for review of a direction, made under the repealed E(GP) Act, section 48D, but not decided before the commencement, is taken to be an application made under section 338.\n- (a) is taken to be a direction given under section 337; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n- (a) immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 48D, to apply for a review of a direction given under section 48C but had not applied; and\n- (b) the time period for applying for the review has not expired.","sortOrder":671},{"sectionNumber":"sec.474","sectionType":"section","heading":"Directions to leave and not re-enter premises of State instructional institutions","content":"### sec.474 Directions to leave and not re-enter premises of State instructional institutions\n\nA direction requiring a person to immediately leave and not re-enter a State educational institution’s premises for 24 hours, given under the repealed E(GP) Act, section 48E, and in force immediately before the commencement—\nis taken to be a direction given under section 339; and\nremains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n- (a) is taken to be a direction given under section 339; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.","sortOrder":672},{"sectionNumber":"sec.475","sectionType":"section","heading":"Prohibition from entering premises of State instructional institutions","content":"### sec.475 Prohibition from entering premises of State instructional institutions\n\nA direction requiring a person not to enter a State educational institution’s premises for up to 60 days, given under the repealed E(GP) Act, section 48F, and in force at the commencement—\nis taken to be a direction given under section 340; and\nremains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\nAn order prohibiting a person from entering a State educational institution’s premises for more than 60 days but not more than 1 year, made under the repealed E(GP) Act, section 48G, and in force at the commencement—\nis taken to be an order made under section 341 of this Act; and\nremains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n(sec.475-ssec.1) A direction requiring a person not to enter a State educational institution’s premises for up to 60 days, given under the repealed E(GP) Act, section 48F, and in force at the commencement— is taken to be a direction given under section 340; and remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n(sec.475-ssec.2) An order prohibiting a person from entering a State educational institution’s premises for more than 60 days but not more than 1 year, made under the repealed E(GP) Act, section 48G, and in force at the commencement— is taken to be an order made under section 341 of this Act; and remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n- (a) is taken to be a direction given under section 340; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n- (a) is taken to be an order made under section 341 of this Act; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.","sortOrder":673},{"sectionNumber":"sec.476","sectionType":"section","heading":"Directions about conduct or movement at premises of non-State schools","content":"### sec.476 Directions about conduct or movement at premises of non-State schools\n\nA direction about a person’s conduct or movement at a non- State school’s premises, given under the repealed E(GP) Act, section 48L, and in force immediately before the commencement—\nis taken to be a direction given under section 346; and\nremains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\nSubsection (3) applies if—\nimmediately before the commencement, a person was entitled under the repealed E(GP) Act, section 48M, to apply for a review of a direction given under section 48L of that Act but had not applied; and\nthe time period for applying for the review has not expired.\nThe time for applying for the review continues until it would have expired under the repealed E(GP) Act, section 48M, and the application may be made under section 347.\nAn application for review of a direction, made under the repealed E(GP) Act, section 48M, but not decided before the commencement, is taken to be an application made under section 347.\n(sec.476-ssec.1) A direction about a person’s conduct or movement at a non- State school’s premises, given under the repealed E(GP) Act, section 48L, and in force immediately before the commencement— is taken to be a direction given under section 346; and remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n(sec.476-ssec.2) Subsection (3) applies if— immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 48M, to apply for a review of a direction given under section 48L of that Act but had not applied; and the time period for applying for the review has not expired.\n(sec.476-ssec.3) The time for applying for the review continues until it would have expired under the repealed E(GP) Act, section 48M, and the application may be made under section 347.\n(sec.476-ssec.4) An application for review of a direction, made under the repealed E(GP) Act, section 48M, but not decided before the commencement, is taken to be an application made under section 347.\n- (a) is taken to be a direction given under section 346; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n- (a) immediately before the commencement, a person was entitled under the repealed E(GP) Act, section 48M, to apply for a review of a direction given under section 48L of that Act but had not applied; and\n- (b) the time period for applying for the review has not expired.","sortOrder":674},{"sectionNumber":"sec.477","sectionType":"section","heading":"Directions to leave and not re-enter premises of non-State schools","content":"### sec.477 Directions to leave and not re-enter premises of non-State schools\n\nA direction requiring a person to immediately leave and not re-enter a non-State school’s premises for 24 hours, given under the repealed E(GP) Act, section 48N, and in force immediately before the commencement—\nis taken to be a direction given under section 348; and\nremains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n- (a) is taken to be a direction given under section 348; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.","sortOrder":675},{"sectionNumber":"sec.478","sectionType":"section","heading":"Prohibition from entering premises of non-State schools","content":"### sec.478 Prohibition from entering premises of non-State schools\n\nA direction requiring a person not to enter a non-State school’s premises for up to 60 days, given under the repealed E(GP) Act, section 48O, and in force immediately before the commencement—\nis taken to be a direction given under section 349; and\nremains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\nAn order prohibiting a person from entering a non-State school’s premises for more than 60 days but not more than 1 year, made under the repealed E(GP) Act, section 48P, and in force immediately before the commencement—\nis taken to be an order made under section 350; and\nremains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n(sec.478-ssec.1) A direction requiring a person not to enter a non-State school’s premises for up to 60 days, given under the repealed E(GP) Act, section 48O, and in force immediately before the commencement— is taken to be a direction given under section 349; and remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n(sec.478-ssec.2) An order prohibiting a person from entering a non-State school’s premises for more than 60 days but not more than 1 year, made under the repealed E(GP) Act, section 48P, and in force immediately before the commencement— is taken to be an order made under section 350; and remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n- (a) is taken to be a direction given under section 349; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n- (a) is taken to be an order made under section 350; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.","sortOrder":676},{"sectionNumber":"sec.479","sectionType":"section","heading":"Prohibition from entering premises of all State instructional institutions and non-State schools","content":"### sec.479 Prohibition from entering premises of all State instructional institutions and non-State schools\n\nAn application, made to a court under the repealed E(GP) Act, section 48R, for an order prohibiting a person from entering the premises of all State educational institutions and non-State schools for up to 1 year, but not decided before the commencement, is taken to have been made under section 352.\nAn order prohibiting a person from entering the premises of all State educational institutions and non-State schools for up to 1 year, made under the repealed E(GP) Act, section 48R, and in force immediately before the commencement—\nis taken to be an order made under section 352; and\nremains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n(sec.479-ssec.1) An application, made to a court under the repealed E(GP) Act, section 48R, for an order prohibiting a person from entering the premises of all State educational institutions and non-State schools for up to 1 year, but not decided before the commencement, is taken to have been made under section 352.\n(sec.479-ssec.2) An order prohibiting a person from entering the premises of all State educational institutions and non-State schools for up to 1 year, made under the repealed E(GP) Act, section 48R, and in force immediately before the commencement— is taken to be an order made under section 352; and remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n- (a) is taken to be an order made under section 352; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.","sortOrder":677},{"sectionNumber":"sec.480","sectionType":"section","heading":"Prohibition from entering premises of all State instructional institutions","content":"### sec.480 Prohibition from entering premises of all State instructional institutions\n\nAn application, made to a court under the repealed E(GP) Act, section 48S, for an order prohibiting a person from entering the premises of all State educational institutions for up to 1 year, but not decided before the commencement, is taken to have been made under section 353.\nAn order prohibiting a person from entering the premises of all State educational institutions for up to 1 year, made under the repealed E(GP) Act, section 48S, and in force immediately before the commencement—\nis taken to be an order made under section 353; and\nremains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n(sec.480-ssec.1) An application, made to a court under the repealed E(GP) Act, section 48S, for an order prohibiting a person from entering the premises of all State educational institutions for up to 1 year, but not decided before the commencement, is taken to have been made under section 353.\n(sec.480-ssec.2) An order prohibiting a person from entering the premises of all State educational institutions for up to 1 year, made under the repealed E(GP) Act, section 48S, and in force immediately before the commencement— is taken to be an order made under section 353; and remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n- (a) is taken to be an order made under section 353; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.","sortOrder":678},{"sectionNumber":"sec.481","sectionType":"section","heading":"Appeal to District Court","content":"### sec.481 Appeal to District Court\n\nAn appeal, made to the District Court under the repealed E(GP) Act, section 48T, from a decision of a court under section 48R of that Act, but not decided before the commencement is taken to be an appeal made under section 354.","sortOrder":679},{"sectionNumber":"sec.482","sectionType":"section","heading":"Department’s annual report","content":"### sec.482 Department’s annual report\n\nThe department’s annual report for the 2005–2006 financial year must be prepared under the repealed E(GP) Act and not under this Act and, for that purpose, the repealed E(GP) Act continues to apply.","sortOrder":680},{"sectionNumber":"sec.483","sectionType":"section","heading":"Non-State school’s governing body to give particular information to Minister","content":"### sec.483 Non-State school’s governing body to give particular information to Minister\n\nFor the purpose of the Minister obtaining information under the repealed E(GP) Act, section 48X, for the 2005–2006 financial year, the repealed E(GP) Act continues to apply as if this Act had not commenced.","sortOrder":681},{"sectionNumber":"sec.484","sectionType":"section","heading":"Provisions about school councils","content":"### sec.484 Provisions about school councils\n\nThis section applies to a school council established under the repealed E(GP) Act, section 50, and in existence immediately before the commencement.\nThe school council continues in existence, subject to this Act, and is taken to have been established under section 79.\nThe appointed, elected and official members of the school council holding office under the repealed E(GP) Act immediately before the commencement continue as the appointed, elected and official members of the council under this Act.\nThe appointed or elected members continue in office, subject to this Act, for the balance of the term for which they were appointed or elected under the repealed E(GP) Act.\nThe person holding office as chairperson of the school council under the repealed E(GP) Act immediately before the commencement continues in office, subject to section 89(3) of this Act, for the balance of the person’s term of office under the repealed E(GP) Act.\nThe school council’s constitution as in force under the repealed E(GP) Act immediately before the commencement continues, subject to this Act, as the council’s constitution under this Act.\nAn amendment of the school council’s constitution prepared and adopted under the repealed E(GP) Act but not approved by the chief executive under that Act may be approved by the chief executive under section 95 of this Act.\nA written direction given to the council under the repealed E(GP) Act, section 79, and not complied with before the commencement is taken to be a direction given to the council under section 116.\nWithout limiting subsection (8), a copy of the direction must also be included in the department’s annual report for the financial year in which the direction was given under the repealed E(GP) Act.\n(sec.484-ssec.1) This section applies to a school council established under the repealed E(GP) Act, section 50, and in existence immediately before the commencement.\n(sec.484-ssec.2) The school council continues in existence, subject to this Act, and is taken to have been established under section 79.\n(sec.484-ssec.3) The appointed, elected and official members of the school council holding office under the repealed E(GP) Act immediately before the commencement continue as the appointed, elected and official members of the council under this Act.\n(sec.484-ssec.4) The appointed or elected members continue in office, subject to this Act, for the balance of the term for which they were appointed or elected under the repealed E(GP) Act.\n(sec.484-ssec.5) The person holding office as chairperson of the school council under the repealed E(GP) Act immediately before the commencement continues in office, subject to section 89(3) of this Act, for the balance of the person’s term of office under the repealed E(GP) Act.\n(sec.484-ssec.6) The school council’s constitution as in force under the repealed E(GP) Act immediately before the commencement continues, subject to this Act, as the council’s constitution under this Act.\n(sec.484-ssec.7) An amendment of the school council’s constitution prepared and adopted under the repealed E(GP) Act but not approved by the chief executive under that Act may be approved by the chief executive under section 95 of this Act.\n(sec.484-ssec.8) A written direction given to the council under the repealed E(GP) Act, section 79, and not complied with before the commencement is taken to be a direction given to the council under section 116.\n(sec.484-ssec.9) Without limiting subsection (8), a copy of the direction must also be included in the department’s annual report for the financial year in which the direction was given under the repealed E(GP) Act.","sortOrder":682},{"sectionNumber":"sec.485","sectionType":"section","heading":"Provisions about parents and citizens associations","content":"### sec.485 Provisions about parents and citizens associations\n\nThis section applies to a parents and citizens association or an interim parents and citizens association (in either case, the existing association ) formed under the repealed E(GP) Act, section 81 or 82, and in existence immediately before the commencement.\nThe existing association continues in existence, subject to this Act, and is taken to have been established as a parents and citizens association or an interim parents and citizens association (in either case, the new association ) under section 118 or 119.\nThe persons who were members, including honorary life members, of the existing association immediately before the commencement continue as members, including as honorary life members, subject to this Act, of the new association.\nAn officer of the existing association holding office under the repealed E(GP) Act, section 87, immediately before the commencement continues in office, subject to this Act, as an equivalent officer of the new association until the first annual general meeting of the new association held under this Act.\nA subcommittee established for the existing association under the repealed E(GP) Act, section 90, and in existence immediately before the commencement continues as a subcommittee of the new association under section 130.\nAn agreement entered into by the existing association or by the Minister under the repealed E(GP) Act, section 96, and in force immediately before the commencement continues as a relevant agreement entered into by the new association or by the Minister under section 137.\nThe repealed E(GP) Act, section 100, continues to apply to things done or omitted to be done by a member of the existing association before the commencement as if this Act had not commenced and for that purpose a reference in the section to the Minister is taken to be a reference to the Minister under this Act.\nIf the procedure for removal of a nominated person has started but not ended under the repealed E(GP) Act, section 111, immediately before the commencement, the procedure may continue as if it had started under section 152.\nFor a nominated person who was removed under the repealed E(GP) Act, section 111, before the commencement, section 153 applies as if the person had been removed under section 152 and any submission relating to the removal received under the repealed E(GP) Act, section 112, and not finally dealt with under section 113 of that Act is taken to have been received under section 153.\nSubsection (11) applies if—\nimmediately before the commencement a person could have appealed to a Magistrates Court against a decision of the Minister under the repealed E(GP) Act, section 113, and had not appealed; or\na person had appealed to a Magistrates Court against a decision mentioned in paragraph (a) and the appeal has not been finalised before the commencement.\nFor the purpose of appealing the decision or for finalising the appeal, the decision is taken to be a decision of the Minister under section 154.\nThe existing association’s constitution as in force under the repealed E(GP) Act immediately before the commencement continues, subject to this Act, as the existing association’s constitution under this Act.\n(sec.485-ssec.1) This section applies to a parents and citizens association or an interim parents and citizens association (in either case, the existing association ) formed under the repealed E(GP) Act, section 81 or 82, and in existence immediately before the commencement.\n(sec.485-ssec.2) The existing association continues in existence, subject to this Act, and is taken to have been established as a parents and citizens association or an interim parents and citizens association (in either case, the new association ) under section 118 or 119.\n(sec.485-ssec.3) The persons who were members, including honorary life members, of the existing association immediately before the commencement continue as members, including as honorary life members, subject to this Act, of the new association.\n(sec.485-ssec.4) An officer of the existing association holding office under the repealed E(GP) Act, section 87, immediately before the commencement continues in office, subject to this Act, as an equivalent officer of the new association until the first annual general meeting of the new association held under this Act.\n(sec.485-ssec.5) A subcommittee established for the existing association under the repealed E(GP) Act, section 90, and in existence immediately before the commencement continues as a subcommittee of the new association under section 130.\n(sec.485-ssec.6) An agreement entered into by the existing association or by the Minister under the repealed E(GP) Act, section 96, and in force immediately before the commencement continues as a relevant agreement entered into by the new association or by the Minister under section 137.\n(sec.485-ssec.7) The repealed E(GP) Act, section 100, continues to apply to things done or omitted to be done by a member of the existing association before the commencement as if this Act had not commenced and for that purpose a reference in the section to the Minister is taken to be a reference to the Minister under this Act.\n(sec.485-ssec.8) If the procedure for removal of a nominated person has started but not ended under the repealed E(GP) Act, section 111, immediately before the commencement, the procedure may continue as if it had started under section 152.\n(sec.485-ssec.9) For a nominated person who was removed under the repealed E(GP) Act, section 111, before the commencement, section 153 applies as if the person had been removed under section 152 and any submission relating to the removal received under the repealed E(GP) Act, section 112, and not finally dealt with under section 113 of that Act is taken to have been received under section 153.\n(sec.485-ssec.10) Subsection (11) applies if— immediately before the commencement a person could have appealed to a Magistrates Court against a decision of the Minister under the repealed E(GP) Act, section 113, and had not appealed; or a person had appealed to a Magistrates Court against a decision mentioned in paragraph (a) and the appeal has not been finalised before the commencement.\n(sec.485-ssec.11) For the purpose of appealing the decision or for finalising the appeal, the decision is taken to be a decision of the Minister under section 154.\n(sec.485-ssec.12) The existing association’s constitution as in force under the repealed E(GP) Act immediately before the commencement continues, subject to this Act, as the existing association’s constitution under this Act.\n- (a) immediately before the commencement a person could have appealed to a Magistrates Court against a decision of the Minister under the repealed E(GP) Act, section 113, and had not appealed; or\n- (b) a person had appealed to a Magistrates Court against a decision mentioned in paragraph (a) and the appeal has not been finalised before the commencement.","sortOrder":683},{"sectionNumber":"sec.486","sectionType":"section","heading":"Provisions about enrolment at State schools","content":"### sec.486 Provisions about enrolment at State schools\n\nIf, immediately before the commencement, a student was enrolled at a State school under the repealed E(GP) Act, the student’s enrolment continues under this Act.\nA student mentioned in subsection (1) includes the following—\na student who is enrolled at, and attending, the school;\na student who is enrolled at, but has not started attending, the school;\na student enrolled at the school for 2006 but enrolled at a different State school for 2007;\na student enrolled at the school but suspended under the repealed E(GP) Act, section 29, 34 or 36C;\na student enrolled at the school for 2006 and, under the repealed E(GP) Act, section 127, granted extra semesters at the school for 2007.\nIf an application for enrolment at a State school was made but not decided before the commencement—\nthe application lapses; and\nan application for enrolment may be made under section 155.\n(sec.486-ssec.1) If, immediately before the commencement, a student was enrolled at a State school under the repealed E(GP) Act, the student’s enrolment continues under this Act.\n(sec.486-ssec.2) A student mentioned in subsection (1) includes the following— a student who is enrolled at, and attending, the school; a student who is enrolled at, but has not started attending, the school; a student enrolled at the school for 2006 but enrolled at a different State school for 2007; a student enrolled at the school but suspended under the repealed E(GP) Act, section 29, 34 or 36C; a student enrolled at the school for 2006 and, under the repealed E(GP) Act, section 127, granted extra semesters at the school for 2007.\n(sec.486-ssec.3) If an application for enrolment at a State school was made but not decided before the commencement— the application lapses; and an application for enrolment may be made under section 155.\n- (a) a student who is enrolled at, and attending, the school;\n- (b) a student who is enrolled at, but has not started attending, the school;\n- (c) a student enrolled at the school for 2006 but enrolled at a different State school for 2007;\n- (d) a student enrolled at the school but suspended under the repealed E(GP) Act, section 29, 34 or 36C;\n- (e) a student enrolled at the school for 2006 and, under the repealed E(GP) Act, section 127, granted extra semesters at the school for 2007.\n- (a) the application lapses; and\n- (b) an application for enrolment may be made under section 155.","sortOrder":684},{"sectionNumber":"sec.487","sectionType":"section","heading":null,"content":"### Section sec.487\n\ns 487 om 2006 No. 39 s 512 (2) sch 2","sortOrder":685},{"sectionNumber":"sec.488","sectionType":"section","heading":"Exemption from compliance with compulsory enrolment and attendance provisions","content":"### sec.488 Exemption from compliance with compulsory enrolment and attendance provisions\n\nA dispensation from complying with the enrolment and attendance obligations under the repealed E(GP) Act, section 114, granted under section 115 of that Act and in force immediately before the commencement—\nis taken to be an exemption issued under section 189; and\nremains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\nSubsection (1) does not apply to a dispensation granted for a reason mentioned in the repealed E(GP) Act, section 115(2)(a)(i).\n(sec.488-ssec.1) A dispensation from complying with the enrolment and attendance obligations under the repealed E(GP) Act, section 114, granted under section 115 of that Act and in force immediately before the commencement— is taken to be an exemption issued under section 189; and remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n(sec.488-ssec.2) Subsection (1) does not apply to a dispensation granted for a reason mentioned in the repealed E(GP) Act, section 115(2)(a)(i).\n- (a) is taken to be an exemption issued under section 189; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.","sortOrder":686},{"sectionNumber":"sec.489","sectionType":"section","heading":"Application for exemption from compliance with compulsory enrolment and attendance provisions","content":"### sec.489 Application for exemption from compliance with compulsory enrolment and attendance provisions\n\nAn application for dispensation from complying with the enrolment and attendance obligations under the repealed E(GP) Act, section 114, made under section 116 of that Act but not decided before the commencement—\nis taken to be an application under section 186; and\nmust be decided under section 189.\nHowever, if the application for dispensation was for a reason mentioned in the repealed E(GP) Act, section 115(2)(a)(i), subsection (1) does not apply.\n(sec.489-ssec.1) An application for dispensation from complying with the enrolment and attendance obligations under the repealed E(GP) Act, section 114, made under section 116 of that Act but not decided before the commencement— is taken to be an application under section 186; and must be decided under section 189.\n(sec.489-ssec.2) However, if the application for dispensation was for a reason mentioned in the repealed E(GP) Act, section 115(2)(a)(i), subsection (1) does not apply.\n- (a) is taken to be an application under section 186; and\n- (b) must be decided under section 189.","sortOrder":687},{"sectionNumber":"sec.490","sectionType":"section","heading":"Particular dispensation from compliance with compulsory enrolment and attendance provisions","content":"### sec.490 Particular dispensation from compliance with compulsory enrolment and attendance provisions\n\nA dispensation from complying with the enrolment and attendance obligations under the repealed E(GP) Act, section 114, granted for a reason mentioned in section 115 (2) (a) (i) of that Act and in force immediately before the commencement—\nhas effect as a dispensation from complying with section 176; and\nremains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.\n- (a) has effect as a dispensation from complying with section 176; and\n- (b) remains in force until it would have expired under the repealed E(GP) Act if this Act had not commenced.","sortOrder":688},{"sectionNumber":"sec.491","sectionType":"section","heading":"Particular application for exemption from compliance with compulsory enrolment and attendance provisions","content":"### sec.491 Particular application for exemption from compliance with compulsory enrolment and attendance provisions\n\nSubsection (2) applies to an application for dispensation, for a reason mentioned in the repealed E(GP) Act, section 115(2)(a)(i), from complying with the enrolment and attendance obligations under section 114 of that Act, made under section 116 of that Act but not decided before the commencement.\nThe application is taken to be an application for provisional registration of a child for home education made under section 207.\n(sec.491-ssec.1) Subsection (2) applies to an application for dispensation, for a reason mentioned in the repealed E(GP) Act, section 115(2)(a)(i), from complying with the enrolment and attendance obligations under section 114 of that Act, made under section 116 of that Act but not decided before the commencement.\n(sec.491-ssec.2) The application is taken to be an application for provisional registration of a child for home education made under section 207.","sortOrder":689},{"sectionNumber":"sec.492","sectionType":"section","heading":"Dispensation from requirement to participate in an eligible option","content":"### sec.492 Dispensation from requirement to participate in an eligible option\n\nA dispensation from the requirement to participate in an eligible option, granted under the repealed YPET Act, section 24, and in force immediately before the commencement—\nis taken to be an exemption granted under section 244; and\nremains in force until it would have expired under the repealed YPET Act if this Act had not commenced.\n- (a) is taken to be an exemption granted under section 244; and\n- (b) remains in force until it would have expired under the repealed YPET Act if this Act had not commenced.","sortOrder":690},{"sectionNumber":"sec.493","sectionType":"section","heading":"Home schooling dispensation from requirement to participate in an eligible option","content":"### sec.493 Home schooling dispensation from requirement to participate in an eligible option\n\nA dispensation from the requirement to participate in an eligible option, granted under the repealed YPET Act, section 25, and in force immediately before the commencement—\nhas effect as a dispensation from complying with section 239; and\nremains in force until 31 December 2006.\n- (a) has effect as a dispensation from complying with section 239; and\n- (b) remains in force until 31 December 2006.","sortOrder":691},{"sectionNumber":"sec.494","sectionType":"section","heading":"Application for exemption from requirement to participate in an eligible option","content":"### sec.494 Application for exemption from requirement to participate in an eligible option\n\nAn application under the repealed YPET Act, section 26, for a dispensation under section 24 of that Act from the requirement to participate in an eligible option, made but not decided before the commencement—\nis taken to be an application under section 245; and\nmust be decided under section 248.\n- (a) is taken to be an application under section 245; and\n- (b) must be decided under section 248.","sortOrder":692},{"sectionNumber":"sec.495","sectionType":"section","heading":"Application for home schooling exemption from requirement to participate in an eligible option","content":"### sec.495 Application for home schooling exemption from requirement to participate in an eligible option\n\nAn application under the repealed YPET Act, section 26, for a dispensation under section 25 of that Act from the requirement to participate in an eligible option, made but not decided before the commencement, is taken to be an application for provisional registration of a child for home education made under section 207.","sortOrder":693},{"sectionNumber":"sec.496","sectionType":"section","heading":"Student account","content":"### sec.496 Student account\n\nA student account opened under the repealed YPET Act, part 4, and in existence immediately before the commencement, is taken to be a student account opened under chapter 11.","sortOrder":694},{"sectionNumber":"sec.497","sectionType":"section","heading":"Flexible arrangements","content":"### sec.497 Flexible arrangements\n\nArrangements approved under the repealed E(GP) Act, section 114A, to apply to a student of a non-State school instead of participation in the school’s educational programs in the usual way, and in force immediately before the commencement, are taken to be arrangements approved under section 182.\nArrangements approved under the repealed E(GP) Act, section 114B, to apply to a student of a State educational institution instead of participation in the institution’s educational programs in the usual way, and in force immediately before the commencement, are taken to be arrangements approved under section 183.\n(sec.497-ssec.1) Arrangements approved under the repealed E(GP) Act, section 114A, to apply to a student of a non-State school instead of participation in the school’s educational programs in the usual way, and in force immediately before the commencement, are taken to be arrangements approved under section 182.\n(sec.497-ssec.2) Arrangements approved under the repealed E(GP) Act, section 114B, to apply to a student of a State educational institution instead of participation in the institution’s educational programs in the usual way, and in force immediately before the commencement, are taken to be arrangements approved under section 183.","sortOrder":695},{"sectionNumber":"sec.498","sectionType":"section","heading":"Principal’s decision about student’s remaining allocation","content":"### sec.498 Principal’s decision about student’s remaining allocation\n\nIf the principal of a State educational institution was required under the repealed E(GP) Act, section 123, to make a decision about a student’s remaining allocation but the decision had not been made before the commencement, the decision must be made under section 61.","sortOrder":696},{"sectionNumber":"sec.499","sectionType":"section","heading":"Notice about student’s remaining allocation","content":"### sec.499 Notice about student’s remaining allocation\n\nIf the principal of a State educational institution was required under the repealed E(GP) Act, section 124(4)(b), to give notice to a student about the student’s remaining allocation but the notice had not been given before the commencement, the notice must be given under section 62(4)(b).","sortOrder":697},{"sectionNumber":"sec.500","sectionType":"section","heading":"Application for extra semesters if no remaining allocation","content":"### sec.500 Application for extra semesters if no remaining allocation\n\nAn application for the granting of extra semesters made to the principal of a State educational institution under the repealed E(GP) Act, section 126, but not decided before the commencement is taken to be an application under section 65.","sortOrder":698},{"sectionNumber":"sec.501","sectionType":"section","heading":"Notice about student’s extra semesters","content":"### sec.501 Notice about student’s extra semesters\n\nIf the principal of a State educational institution was required under the repealed E(GP) Act, section 127(3)(b), to give notice to a student of the principal’s decision about the student’s application for extra semesters but the notice had not been given before the commencement, the notice must be given under section 66(3)(b).","sortOrder":699},{"sectionNumber":"sec.502","sectionType":"section","heading":"Submissions against decisions about allocation of semesters or application for extra semesters","content":"### sec.502 Submissions against decisions about allocation of semesters or application for extra semesters\n\nSubsection (2) applies if, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 129, to make a submission against a decision about either of the following but had not made a submission—\nthe allocation of semesters to the student under the repealed E(GP) Act, part 8, division 2, including a decision under section 123 (3) or (4) or 125 of that Act;\nthe student’s application for an extra semester or semesters under part 8 , division 3 of that Act.\nThe time period for making the submission continues until it would have expired under that section if this Act had not commenced and the submission may be made under section 68.\n(sec.502-ssec.1) Subsection (2) applies if, immediately before the commencement, a student was entitled under the repealed E(GP) Act, section 129, to make a submission against a decision about either of the following but had not made a submission— the allocation of semesters to the student under the repealed E(GP) Act, part 8, division 2, including a decision under section 123 (3) or (4) or 125 of that Act; the student’s application for an extra semester or semesters under part 8 , division 3 of that Act.\n(sec.502-ssec.2) The time period for making the submission continues until it would have expired under that section if this Act had not commenced and the submission may be made under section 68.\n- (a) the allocation of semesters to the student under the repealed E(GP) Act, part 8, division 2, including a decision under section 123 (3) or (4) or 125 of that Act;\n- (b) the student’s application for an extra semester or semesters under part 8 , division 3 of that Act.","sortOrder":700},{"sectionNumber":"sec.503","sectionType":"section","heading":"Dealing with submissions against decisions about allocation of semesters or application for extra semesters","content":"### sec.503 Dealing with submissions against decisions about allocation of semesters or application for extra semesters\n\nIf a submission against a decision about either of the following was made under the repealed E(GP) Act, section 129, but not dealt with under section 130 of that Act before the commencement, the submission is taken to have been made under section 68—\nthe allocation of semesters to the student under the repealed E(GP) Act, part 8, division 2, including a decision under section 123(3) or (4) or 125;\nthe student’s application for an extra semester or semesters under part 8, division 3.\n- (a) the allocation of semesters to the student under the repealed E(GP) Act, part 8, division 2, including a decision under section 123(3) or (4) or 125;\n- (b) the student’s application for an extra semester or semesters under part 8, division 3.","sortOrder":701},{"sectionNumber":"sec.504","sectionType":"section","heading":"Notice about decisions about allocation of semesters or application for extra semesters","content":"### sec.504 Notice about decisions about allocation of semesters or application for extra semesters\n\nIf, immediately before the commencement, notice was required to be given to a student under the repealed E(GP) Act, section 130(2)(b), about either of the following but the notice had not been given, the notice must be given under section 69(2)(b)—\nthe allocation of semesters to the student;\nthe student’s application for extra semesters.\n- (a) the allocation of semesters to the student;\n- (b) the student’s application for extra semesters.","sortOrder":702},{"sectionNumber":"sec.505","sectionType":"section","heading":"Application for further semesters if no remaining allocation and after extra semesters","content":"### sec.505 Application for further semesters if no remaining allocation and after extra semesters\n\nAn application for the granting of further semesters made to the chief executive under the repealed E(GP) Act, section 131, but not decided before the commencement is taken to be an application under section 71.","sortOrder":703},{"sectionNumber":"sec.506","sectionType":"section","heading":"Notice about student’s further semesters","content":"### sec.506 Notice about student’s further semesters\n\nSubsection (2) applies if the chief executive was, immediately before the commencement, required under the repealed E(GP) Act, section 132(3)(b), to give notice to a student of the chief executive’s decision about the student’s application for further semesters but the notice had not been given.\nThe notice or, if relevant, an information notice must be given under section 72(3)(b) of this Act.\n(sec.506-ssec.1) Subsection (2) applies if the chief executive was, immediately before the commencement, required under the repealed E(GP) Act, section 132(3)(b), to give notice to a student of the chief executive’s decision about the student’s application for further semesters but the notice had not been given.\n(sec.506-ssec.2) The notice or, if relevant, an information notice must be given under section 72(3)(b) of this Act.","sortOrder":704},{"sectionNumber":"sec.507","sectionType":"section","heading":"Financial data","content":"### sec.507 Financial data\n\nThis section applies if—\nunder the repealed E(GP) Act, section 134AC, the Minister has given the governing body of a non-State School a notice; and\nthe time stated in the notice has not ended before the commencement; and\nthe body has not complied with the notice before the commencement.\nThe governing body must comply with the notice and for that purpose the financial data to which the notice relates or the notice are taken to have been given under section 370 or 371.\n(sec.507-ssec.1) This section applies if— under the repealed E(GP) Act, section 134AC, the Minister has given the governing body of a non-State School a notice; and the time stated in the notice has not ended before the commencement; and the body has not complied with the notice before the commencement.\n(sec.507-ssec.2) The governing body must comply with the notice and for that purpose the financial data to which the notice relates or the notice are taken to have been given under section 370 or 371.\n- (a) under the repealed E(GP) Act, section 134AC, the Minister has given the governing body of a non-State School a notice; and\n- (b) the time stated in the notice has not ended before the commencement; and\n- (c) the body has not complied with the notice before the commencement.","sortOrder":705},{"sectionNumber":"sec.508","sectionType":"section","heading":"Finalising show cause process relating to allowances paid for non-State schools","content":"### sec.508 Finalising show cause process relating to allowances paid for non-State schools\n\nThis section applies if—\nimmediately before the commencement a show cause process could have been started under the repealed E(GP) Act, section 134D, in relation to the governing body of a non-State school but the process had not started; or\nat the commencement the show cause process had been started but had not been finalised under the repealed E(GP) Act, section 134H.\nThe process may be started and finalised or continued and finalised under chapter 13, part 4, and for that purpose the part applies with any necessary or convenient changes.\n(sec.508-ssec.1) This section applies if— immediately before the commencement a show cause process could have been started under the repealed E(GP) Act, section 134D, in relation to the governing body of a non-State school but the process had not started; or at the commencement the show cause process had been started but had not been finalised under the repealed E(GP) Act, section 134H.\n(sec.508-ssec.2) The process may be started and finalised or continued and finalised under chapter 13, part 4, and for that purpose the part applies with any necessary or convenient changes.\n- (a) immediately before the commencement a show cause process could have been started under the repealed E(GP) Act, section 134D, in relation to the governing body of a non-State school but the process had not started; or\n- (b) at the commencement the show cause process had been started but had not been finalised under the repealed E(GP) Act, section 134H.","sortOrder":706},{"sectionNumber":"sec.509","sectionType":"section","heading":"International educational institutions","content":"### sec.509 International educational institutions\n\nSubsection (2) applies to an approval to establish or conduct an international educational institution, given under the repealed E(GP) Act, section 144, and in force immediately before the commencement.\nThe approval—\nis taken to be an approval under section 415; and\ncontinues to be subject to the conditions stated on the approval; and\nis subject to the conditions mentioned in section 417(2).\n(sec.509-ssec.1) Subsection (2) applies to an approval to establish or conduct an international educational institution, given under the repealed E(GP) Act, section 144, and in force immediately before the commencement.\n(sec.509-ssec.2) The approval— is taken to be an approval under section 415; and continues to be subject to the conditions stated on the approval; and is subject to the conditions mentioned in section 417(2).\n- (a) is taken to be an approval under section 415; and\n- (b) continues to be subject to the conditions stated on the approval; and\n- (c) is subject to the conditions mentioned in section 417(2).","sortOrder":707},{"sectionNumber":"sec.510","sectionType":"section","heading":"Appeals","content":"### sec.510 Appeals\n\nSubsection (2) applies if—\nimmediately before the commencement a person could have appealed to a Magistrates Court against a decision of a principal’s supervisor under the repealed E(GP) Act, section 130, or a decision of the chief executive under section 132 of that Act and had not appealed; or\na person had appealed to a Magistrates Court against a decision mentioned in paragraph (a) and the appeal has not been finalised before the commencement.\nFor the purpose of appealing the decision or for finalising the appeal—\na decision of a principal’s supervisor under the repealed E(GP) Act, section 130, is taken to be a decision of a principal’s supervisor under section 69; and\na decision of the chief executive under the repealed E(GP) Act, section 132, is taken to be a decision of the chief executive under section 72.\n(sec.510-ssec.1) Subsection (2) applies if— immediately before the commencement a person could have appealed to a Magistrates Court against a decision of a principal’s supervisor under the repealed E(GP) Act, section 130, or a decision of the chief executive under section 132 of that Act and had not appealed; or a person had appealed to a Magistrates Court against a decision mentioned in paragraph (a) and the appeal has not been finalised before the commencement.\n(sec.510-ssec.2) For the purpose of appealing the decision or for finalising the appeal— a decision of a principal’s supervisor under the repealed E(GP) Act, section 130, is taken to be a decision of a principal’s supervisor under section 69; and a decision of the chief executive under the repealed E(GP) Act, section 132, is taken to be a decision of the chief executive under section 72.\n- (a) immediately before the commencement a person could have appealed to a Magistrates Court against a decision of a principal’s supervisor under the repealed E(GP) Act, section 130, or a decision of the chief executive under section 132 of that Act and had not appealed; or\n- (b) a person had appealed to a Magistrates Court against a decision mentioned in paragraph (a) and the appeal has not been finalised before the commencement.\n- (a) a decision of a principal’s supervisor under the repealed E(GP) Act, section 130, is taken to be a decision of a principal’s supervisor under section 69; and\n- (b) a decision of the chief executive under the repealed E(GP) Act, section 132, is taken to be a decision of the chief executive under section 72.","sortOrder":708},{"sectionNumber":"sec.510A","sectionType":"section","heading":"Limited effect of s 429A for 1 year","content":"### sec.510A Limited effect of s 429A for 1 year\n\nFor 1 year after section 429A commences, the section does not apply to a person who, on the commencement of the section, was the holder of a licence under the Child Care Act 2002 .\ns 510A ins 2006 No. 39 s 512 (2) sch 2","sortOrder":709},{"sectionNumber":"ch.20-pt.4","sectionType":"part","heading":"Transitional provision for Education and Training Legislation Amendment Act 2009","content":"# Transitional provision for Education and Training Legislation Amendment Act 2009","sortOrder":710},{"sectionNumber":"sec.511","sectionType":"section","heading":"Programs taken to be pre-preparatory learning programs","content":"### sec.511 Programs taken to be pre-preparatory learning programs\n\nThis section applies to a program focused on literacy and numeracy for preparing a child for education in the preparatory year that, immediately before the commencement of this section, was—\nbeing provided by a prescribed State school or a prescribed non-State school; and\napproved by the Minister for the school.\nThe program is taken to be a pre-preparatory learning program for this Act.\ns 511 prev s 511 exp 30 October 2007 (see s 511(4))\npres s 511 ins 2009 No. 40 s 18\n(sec.511-ssec.1) This section applies to a program focused on literacy and numeracy for preparing a child for education in the preparatory year that, immediately before the commencement of this section, was— being provided by a prescribed State school or a prescribed non-State school; and approved by the Minister for the school.\n(sec.511-ssec.2) The program is taken to be a pre-preparatory learning program for this Act.\n- (a) being provided by a prescribed State school or a prescribed non-State school; and\n- (b) approved by the Minister for the school.","sortOrder":711},{"sectionNumber":"ch.20-pt.5","sectionType":"part","heading":"Transitional provision for Education Legislation Amendment Act 2012","content":"# Transitional provision for Education Legislation Amendment Act 2012","sortOrder":712},{"sectionNumber":"sec.512","sectionType":"section","heading":"Final notice for written submission under s 314","content":"### sec.512 Final notice for written submission under s 314\n\nThis section applies to a person who immediately before the commencement of this section (the commencement ) was entitled to receive a notice under section 314(2) at a time after the commencement.\nThe chief executive must, as soon as practicable, but within 6 months after the commencement, give the person a notice (the final notice ) stating the following—\nthat the person will not receive any further notices under section 314;\nthat the person may make a periodic written submission to the chief executive under chapter 12, part 3, division 6.\nIf the person received a notice under section 314(2) before the commencement and the time for the person to make a submission (the submission period ) had not ended before the commencement—\nthe person may make a written submission within the submission period; and\nthe submission is taken to have been made, and must be dealt with, under section 315.\nIf a submission about whether the person’s exclusion should be revoked was made to the chief executive under section 314(5), but, before the commencement, the chief executive had not made a decision about the submission, the submission—\nis taken to have been made under section 315; and\nmust be dealt with under section 315.\ns 512 ins 2012 No. 35 s 17\n(sec.512-ssec.1) This section applies to a person who immediately before the commencement of this section (the commencement ) was entitled to receive a notice under section 314(2) at a time after the commencement.\n(sec.512-ssec.2) The chief executive must, as soon as practicable, but within 6 months after the commencement, give the person a notice (the final notice ) stating the following— that the person will not receive any further notices under section 314; that the person may make a periodic written submission to the chief executive under chapter 12, part 3, division 6.\n(sec.512-ssec.3) If the person received a notice under section 314(2) before the commencement and the time for the person to make a submission (the submission period ) had not ended before the commencement— the person may make a written submission within the submission period; and the submission is taken to have been made, and must be dealt with, under section 315.\n(sec.512-ssec.4) If a submission about whether the person’s exclusion should be revoked was made to the chief executive under section 314(5), but, before the commencement, the chief executive had not made a decision about the submission, the submission— is taken to have been made under section 315; and must be dealt with under section 315.\n- (a) that the person will not receive any further notices under section 314;\n- (b) that the person may make a periodic written submission to the chief executive under chapter 12, part 3, division 6.\n- (a) the person may make a written submission within the submission period; and\n- (b) the submission is taken to have been made, and must be dealt with, under section 315.\n- (a) is taken to have been made under section 315; and\n- (b) must be dealt with under section 315.","sortOrder":713},{"sectionNumber":"ch.20-pt.6","sectionType":"part","heading":"Transitional provisions for Education Legislation Amendment Act 2013","content":"# Transitional provisions for Education Legislation Amendment Act 2013","sortOrder":714},{"sectionNumber":"sec.513","sectionType":"section","heading":"Definitions for pt 6","content":"### sec.513 Definitions for pt 6\n\nIn this part—\ncommencement means the commencement of this section.\npre-amended Act means this Act as in force immediately before the commencement.\ns 513 ins 2013 No. 37 s 15","sortOrder":715},{"sectionNumber":"sec.514","sectionType":"section","heading":"Decisions about remaining allocation of students","content":"### sec.514 Decisions about remaining allocation of students\n\nDespite the Education Legislation Amendment Act 2013 , section 12, a decision under the pre-amended Act, section 61 made before the commencement continues in effect on and after the commencement until another decision is made under this Act, section 61.\ns 514 ins 2013 No. 37 s 15","sortOrder":716},{"sectionNumber":"sec.515","sectionType":"section","heading":"Chief executive may cancel enrolment for particular students","content":"### sec.515 Chief executive may cancel enrolment for particular students\n\nThis section applies to a fee charged under the pre-amended Act, section 51(1) before the commencement.\nWhile the fee remains unpaid, the chief executive may cancel the enrolment of the person or registration of the pre-preparatory age child to whom the fee relates.\nThe chief executive must, at least 14 days before the enrolment or registration is cancelled, give the person or a parent of the child notice that the chief executive intends to cancel the person’s enrolment or the child’s registration.\ns 515 ins 2013 No. 37 s 15\n(sec.515-ssec.1) This section applies to a fee charged under the pre-amended Act, section 51(1) before the commencement.\n(sec.515-ssec.2) While the fee remains unpaid, the chief executive may cancel the enrolment of the person or registration of the pre-preparatory age child to whom the fee relates.\n(sec.515-ssec.3) The chief executive must, at least 14 days before the enrolment or registration is cancelled, give the person or a parent of the child notice that the chief executive intends to cancel the person’s enrolment or the child’s registration.","sortOrder":717},{"sectionNumber":"ch.20-pt.7","sectionType":"part","heading":"Transitional provisions for Education (Strengthening Discipline in State Schools) Amendment Act 2013","content":"# Transitional provisions for Education (Strengthening Discipline in State Schools) Amendment Act 2013","sortOrder":718},{"sectionNumber":"sec.516","sectionType":"section","heading":"Definitions for pt 7","content":"### sec.516 Definitions for pt 7\n\nIn this part—\namending Act means the Education (Strengthening Discipline in State Schools) Amendment Act 2013 .\ncommencement means the commencement of this section.\npre-amended Act means this Act as in force immediately before the commencement.\ns 516 ins 2013 No. 59 s 28","sortOrder":719},{"sectionNumber":"sec.517","sectionType":"section","heading":"Existing policy and procedures","content":"### sec.517 Existing policy and procedures\n\nThis section applies if—\nthe chief executive has made a policy or procedure about the way in which principals of State schools are to control and regulate student discipline; and\nthe policy or procedure is in force immediately before the commencement.\nThe policy or procedure is taken to be a policy or procedure made by the chief executive under section 276.\ns 517 ins 2013 No. 59 s 28\n(sec.517-ssec.1) This section applies if— the chief executive has made a policy or procedure about the way in which principals of State schools are to control and regulate student discipline; and the policy or procedure is in force immediately before the commencement.\n(sec.517-ssec.2) The policy or procedure is taken to be a policy or procedure made by the chief executive under section 276.\n- (a) the chief executive has made a policy or procedure about the way in which principals of State schools are to control and regulate student discipline; and\n- (b) the policy or procedure is in force immediately before the commencement.","sortOrder":720},{"sectionNumber":"sec.518","sectionType":"section","heading":"Suspension of student","content":"### sec.518 Suspension of student\n\nThis section applies if a student was suspended from a State school under the pre-amended Act, section 285 before the commencement.\nThe pre-amended Act continues to apply for the suspension as if the amending Act had not been enacted.\ns 518 ins 2013 No. 59 s 28\n(sec.518-ssec.1) This section applies if a student was suspended from a State school under the pre-amended Act, section 285 before the commencement.\n(sec.518-ssec.2) The pre-amended Act continues to apply for the suspension as if the amending Act had not been enacted.","sortOrder":721},{"sectionNumber":"sec.519","sectionType":"section","heading":"Suspension and proposed exclusion of student by principal","content":"### sec.519 Suspension and proposed exclusion of student by principal\n\nThis section applies if a student was given a notice proposing exclusion, and suspended, under the pre-amended Act, section 288C before the commencement.\nThe pre-amended Act continues to apply for the proposed exclusion and suspension as if the amending Act had not been enacted.\ns 519 ins 2013 No. 59 s 28\n(sec.519-ssec.1) This section applies if a student was given a notice proposing exclusion, and suspended, under the pre-amended Act, section 288C before the commencement.\n(sec.519-ssec.2) The pre-amended Act continues to apply for the proposed exclusion and suspension as if the amending Act had not been enacted.","sortOrder":722},{"sectionNumber":"sec.520","sectionType":"section","heading":"Exclusion of student by principal","content":"### sec.520 Exclusion of student by principal\n\nThis section applies if a student is excluded from a school, under the pre-amended Act, section 288F either before or after the commencement.\nThe student is taken to be excluded from the school under section 295(3) as in force after the commencement.\nThe notice given to the student under the pre-amended Act, section 288F(3) is taken to state the matters mentioned in section 295(6) as in force immediately after the commencement.\ns 520 ins 2013 No. 59 s 28\n(sec.520-ssec.1) This section applies if a student is excluded from a school, under the pre-amended Act, section 288F either before or after the commencement.\n(sec.520-ssec.2) The student is taken to be excluded from the school under section 295(3) as in force after the commencement.\n(sec.520-ssec.3) The notice given to the student under the pre-amended Act, section 288F(3) is taken to state the matters mentioned in section 295(6) as in force immediately after the commencement.","sortOrder":723},{"sectionNumber":"sec.521","sectionType":"section","heading":"Recommendation to principal’s supervisor for exclusion and suspension","content":"### sec.521 Recommendation to principal’s supervisor for exclusion and suspension\n\nThis section applies if a principal recommended to the principal’s supervisor that a student be excluded from a school or schools, and suspended the student, under the pre-amended Act, section 290 before the commencement.\nThe pre-amended Act continues to apply for the recommendation and suspension as if the amending Act had not been enacted.\ns 521 ins 2013 No. 59 s 28\n(sec.521-ssec.1) This section applies if a principal recommended to the principal’s supervisor that a student be excluded from a school or schools, and suspended the student, under the pre-amended Act, section 290 before the commencement.\n(sec.521-ssec.2) The pre-amended Act continues to apply for the recommendation and suspension as if the amending Act had not been enacted.","sortOrder":724},{"sectionNumber":"sec.522","sectionType":"section","heading":"Exclusion of student by principal’s supervisor","content":"### sec.522 Exclusion of student by principal’s supervisor\n\nThis section applies if a student is excluded from a school or schools, under the pre-amended Act, section 293 either before or after the commencement.\nThe student is taken to be excluded from the school under section 295(3) as in force after the commencement.\nThe notice given to the student under the pre-amended Act, section 293(3) is taken to state the matters mentioned in section 295(6) as in force immediately after the commencement.\ns 522 ins 2013 No. 59 s 28\n(sec.522-ssec.1) This section applies if a student is excluded from a school or schools, under the pre-amended Act, section 293 either before or after the commencement.\n(sec.522-ssec.2) The student is taken to be excluded from the school under section 295(3) as in force after the commencement.\n(sec.522-ssec.3) The notice given to the student under the pre-amended Act, section 293(3) is taken to state the matters mentioned in section 295(6) as in force immediately after the commencement.","sortOrder":725},{"sectionNumber":"sec.523","sectionType":"section","heading":"Suspension and proposed exclusion of student by chief executive","content":"### sec.523 Suspension and proposed exclusion of student by chief executive\n\nThis section applies if the chief executive gave a student a notice under the pre-amended Act, section 300 in relation to the student’s suspension and proposed exclusion before the commencement.\nThe pre-amended Act continues to apply for the notice as if the amending Act had not been enacted.\ns 523 ins 2013 No. 59 s 28\n(sec.523-ssec.1) This section applies if the chief executive gave a student a notice under the pre-amended Act, section 300 in relation to the student’s suspension and proposed exclusion before the commencement.\n(sec.523-ssec.2) The pre-amended Act continues to apply for the notice as if the amending Act had not been enacted.","sortOrder":726},{"sectionNumber":"sec.524","sectionType":"section","heading":"Exclusion of student by chief executive","content":"### sec.524 Exclusion of student by chief executive\n\nThis section applies if a student is excluded from a school or schools, under the pre-amended Act, section 302 either before or after the commencement.\nThe student is taken to be excluded from the school or schools under section 302(3) as in force after the commencement.\nThe notice given to the student under the pre-amended Act, section 302(3) is taken to state the matters mentioned in section 302(6) and (7) as in force immediately after the commencement.\ns 524 ins 2013 No. 59 s 28\n(sec.524-ssec.1) This section applies if a student is excluded from a school or schools, under the pre-amended Act, section 302 either before or after the commencement.\n(sec.524-ssec.2) The student is taken to be excluded from the school or schools under section 302(3) as in force after the commencement.\n(sec.524-ssec.3) The notice given to the student under the pre-amended Act, section 302(3) is taken to state the matters mentioned in section 302(6) and (7) as in force immediately after the commencement.","sortOrder":727},{"sectionNumber":"sec.525","sectionType":"section","heading":"Show cause notice about cancellation of enrolment","content":"### sec.525 Show cause notice about cancellation of enrolment\n\nThis section applies if a principal gave a student a show cause notice under the pre-amended Act, section 317 before the commencement.\nThe pre-amended Act continues to apply for the show cause notice as if the amending Act had not been enacted.\ns 525 ins 2013 No. 59 s 28\n(sec.525-ssec.1) This section applies if a principal gave a student a show cause notice under the pre-amended Act, section 317 before the commencement.\n(sec.525-ssec.2) The pre-amended Act continues to apply for the show cause notice as if the amending Act had not been enacted.","sortOrder":728},{"sectionNumber":"sec.526","sectionType":"section","heading":"Cancellation of enrolment","content":"### sec.526 Cancellation of enrolment\n\nThis section applies if a principal cancels the enrolment of a student at a school, under the pre-amended Act, section 320 either before or after the commencement.\nThe enrolment of the student is taken to be cancelled under section 316(1) as in force after the commencement.\nThe notice given to the student under the pre-amended Act, section 320(4) is taken to state the matters mentioned in section 318(2) as in force immediately after the commencement.\ns 526 ins 2013 No. 59 s 28\n(sec.526-ssec.1) This section applies if a principal cancels the enrolment of a student at a school, under the pre-amended Act, section 320 either before or after the commencement.\n(sec.526-ssec.2) The enrolment of the student is taken to be cancelled under section 316(1) as in force after the commencement.\n(sec.526-ssec.3) The notice given to the student under the pre-amended Act, section 320(4) is taken to state the matters mentioned in section 318(2) as in force immediately after the commencement.","sortOrder":729},{"sectionNumber":"ch.20-pt.8","sectionType":"part","heading":"Transitional provisions for Education and Other Legislation Amendment Act 2014","content":"# Transitional provisions for Education and Other Legislation Amendment Act 2014","sortOrder":730},{"sectionNumber":"ch.20-pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":731},{"sectionNumber":"sec.527","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.527 Definitions for pt 8\n\nIn this part—\namending Act means the Education and Other Legislation Amendment Act 2014 .\npre-amended Act means this Act as in force immediately before the commencement.\ns 527 ins 2014 No. 62 s 61","sortOrder":732},{"sectionNumber":"ch.20-pt.8-div.2","sectionType":"division","heading":"Initial remaining allocation and extra semesters","content":"## Initial remaining allocation and extra semesters","sortOrder":733},{"sectionNumber":"sec.528","sectionType":"section","heading":"Decision about initial remaining allocation or extra semesters","content":"### sec.528 Decision about initial remaining allocation or extra semesters\n\nThis section applies if—\nbefore the commencement, a State school’s principal made a decision (an original decision ) about a student under section 61(2) or 66(1); and\neither—\nimmediately before the commencement, the principal had not given the student a notice under section 62(4)(b) or 66(3)(b), as the case requires; or\nthe principal gave the student the notice less than 14 days before the commencement.\nThe pre-amended Act applies in relation to—\nthe original decision; and\nthe making of submissions against the original decision to the principal’s supervisor; and\nthe affirming, varying or setting aside of the original decision by the supervisor (a supervisor decision ); and\nany review of a supervisor decision.\nSee chapter 15, part 4 of the pre-amended Act for review of a supervisor decision by QCAT.\ns 528 ins 2014 No. 62 s 61\n(sec.528-ssec.1) This section applies if— before the commencement, a State school’s principal made a decision (an original decision ) about a student under section 61(2) or 66(1); and either— immediately before the commencement, the principal had not given the student a notice under section 62(4)(b) or 66(3)(b), as the case requires; or the principal gave the student the notice less than 14 days before the commencement.\n(sec.528-ssec.2) The pre-amended Act applies in relation to— the original decision; and the making of submissions against the original decision to the principal’s supervisor; and the affirming, varying or setting aside of the original decision by the supervisor (a supervisor decision ); and any review of a supervisor decision. See chapter 15, part 4 of the pre-amended Act for review of a supervisor decision by QCAT.\n- (a) before the commencement, a State school’s principal made a decision (an original decision ) about a student under section 61(2) or 66(1); and\n- (b) either— (i) immediately before the commencement, the principal had not given the student a notice under section 62(4)(b) or 66(3)(b), as the case requires; or (ii) the principal gave the student the notice less than 14 days before the commencement.\n- (i) immediately before the commencement, the principal had not given the student a notice under section 62(4)(b) or 66(3)(b), as the case requires; or\n- (ii) the principal gave the student the notice less than 14 days before the commencement.\n- (i) immediately before the commencement, the principal had not given the student a notice under section 62(4)(b) or 66(3)(b), as the case requires; or\n- (ii) the principal gave the student the notice less than 14 days before the commencement.\n- (a) the original decision; and\n- (b) the making of submissions against the original decision to the principal’s supervisor; and\n- (c) the affirming, varying or setting aside of the original decision by the supervisor (a supervisor decision ); and\n- (d) any review of a supervisor decision. Note— See chapter 15, part 4 of the pre-amended Act for review of a supervisor decision by QCAT.","sortOrder":734},{"sectionNumber":"ch.20-pt.8-div.3","sectionType":"division","heading":"International educational institutions","content":"## International educational institutions","sortOrder":735},{"sectionNumber":"sec.529","sectionType":"section","heading":"Cancellation of approval to operate international educational institution","content":"### sec.529 Cancellation of approval to operate international educational institution\n\nThis section applies if, immediately before the commencement, a person had operated an international educational institution under the Governor in Council’s approval under the repealed chapter.\nOn the commencement, the approval is taken to be cancelled.\nIn this section—\nrepealed chapter means chapter 18 as in force before the commencement.\ns 529 ins 2014 No. 62 s 61\n(sec.529-ssec.1) This section applies if, immediately before the commencement, a person had operated an international educational institution under the Governor in Council’s approval under the repealed chapter.\n(sec.529-ssec.2) On the commencement, the approval is taken to be cancelled.\n(sec.529-ssec.3) In this section— repealed chapter means chapter 18 as in force before the commencement.","sortOrder":736},{"sectionNumber":"ch.20-pt.8-div.4","sectionType":"division","heading":"Mature age students","content":"## Mature age students","sortOrder":737},{"sectionNumber":"sec.530","sectionType":"section","heading":"Application for mature age student notice","content":"### sec.530 Application for mature age student notice\n\nThis section applies if—\nan application for a mature age student notice was made under section 28 of the pre-amended Act; and\nimmediately before the commencement, the application had not been decided under section 29 of that Act.\nThe pre-amended Act continues to apply in relation to the application as if the amending Act had not been enacted.\ns 530 ins 2014 No. 62 s 127\n(sec.530-ssec.1) This section applies if— an application for a mature age student notice was made under section 28 of the pre-amended Act; and immediately before the commencement, the application had not been decided under section 29 of that Act.\n(sec.530-ssec.2) The pre-amended Act continues to apply in relation to the application as if the amending Act had not been enacted.\n- (a) an application for a mature age student notice was made under section 28 of the pre-amended Act; and\n- (b) immediately before the commencement, the application had not been decided under section 29 of that Act.","sortOrder":738},{"sectionNumber":"sec.531","sectionType":"section","heading":"Positive notices","content":"### sec.531 Positive notices\n\nThis section applies if—\nthe chief executive issued a positive notice in relation to a mature age State school to a person under section 29(1)(a) or 42(7) of the pre-amended Act; and\nthe notice is in force immediately before the commencement.\nChapter 2, part 5 of the pre-amended Act continues to apply in relation to the positive notice as if the amending Act had not been enacted.\nTo remove any doubt, it is declared that subsection (2) applies whether or not the mature age State school is a mature age State school on or after the commencement.\ns 531 ins 2014 No. 62 s 127\n(sec.531-ssec.1) This section applies if— the chief executive issued a positive notice in relation to a mature age State school to a person under section 29(1)(a) or 42(7) of the pre-amended Act; and the notice is in force immediately before the commencement.\n(sec.531-ssec.2) Chapter 2, part 5 of the pre-amended Act continues to apply in relation to the positive notice as if the amending Act had not been enacted.\n(sec.531-ssec.3) To remove any doubt, it is declared that subsection (2) applies whether or not the mature age State school is a mature age State school on or after the commencement.\n- (a) the chief executive issued a positive notice in relation to a mature age State school to a person under section 29(1)(a) or 42(7) of the pre-amended Act; and\n- (b) the notice is in force immediately before the commencement.","sortOrder":739},{"sectionNumber":"sec.532","sectionType":"section","heading":"Negative notices","content":"### sec.532 Negative notices\n\nThis section applies if—\nthe chief executive issued a negative notice to a person under section 29(1)(b) or 38(2) or (3) of the pre-amended Act; and\nthe notice is in force immediately before the commencement.\nThe pre-amended Act continues to apply in relation to the negative notice as if the amending Act had not been enacted.\ns 532 ins 2014 No. 62 s 127\n(sec.532-ssec.1) This section applies if— the chief executive issued a negative notice to a person under section 29(1)(b) or 38(2) or (3) of the pre-amended Act; and the notice is in force immediately before the commencement.\n(sec.532-ssec.2) The pre-amended Act continues to apply in relation to the negative notice as if the amending Act had not been enacted.\n- (a) the chief executive issued a negative notice to a person under section 29(1)(b) or 38(2) or (3) of the pre-amended Act; and\n- (b) the notice is in force immediately before the commencement.","sortOrder":740},{"sectionNumber":"sec.533","sectionType":"section","heading":"Application for enrolment at mature age State school","content":"### sec.533 Application for enrolment at mature age State school\n\nThis section applies if—\nan application for enrolment at a mature age State school was made under section 155 of the pre-amended Act by a person with a current positive notice; and\nimmediately before the commencement, the application had not been decided.\nThe pre-amended Act continues to apply in relation to the application as if the amending Act had not been enacted.\nTo remove any doubt, it is declared that subsection (2) applies whether or not the mature age State school is a mature age State school on or after the commencement.\ns 533 ins 2014 No. 62 s 127\n(sec.533-ssec.1) This section applies if— an application for enrolment at a mature age State school was made under section 155 of the pre-amended Act by a person with a current positive notice; and immediately before the commencement, the application had not been decided.\n(sec.533-ssec.2) The pre-amended Act continues to apply in relation to the application as if the amending Act had not been enacted.\n(sec.533-ssec.3) To remove any doubt, it is declared that subsection (2) applies whether or not the mature age State school is a mature age State school on or after the commencement.\n- (a) an application for enrolment at a mature age State school was made under section 155 of the pre-amended Act by a person with a current positive notice; and\n- (b) immediately before the commencement, the application had not been decided.","sortOrder":741},{"sectionNumber":"sec.534","sectionType":"section","heading":"Time limit on application for enrolment by person with negative notice","content":"### sec.534 Time limit on application for enrolment by person with negative notice\n\nThis section applies—\nif—\na person made an application under section 28 of the pre-amended Act for a mature age student notice in relation to a mature age State school; and\nthe chief executive decided the application by issuing the person with a negative notice; and\nif the chief executive has not made a review decision to cancel the negative notice and substitute a positive notice; and\nif the period of 1 year starting on the day after the day the person was notified about the decision mentioned in paragraph (a)(ii) has not ended before the commencement.\nThe person is not eligible to apply for enrolment under section 155 as a mature age student of the mature age State school, or any other mature age State school, in the 1-year period.\ns 534 ins 2014 No. 62 s 127\n(sec.534-ssec.1) This section applies— if— a person made an application under section 28 of the pre-amended Act for a mature age student notice in relation to a mature age State school; and the chief executive decided the application by issuing the person with a negative notice; and if the chief executive has not made a review decision to cancel the negative notice and substitute a positive notice; and if the period of 1 year starting on the day after the day the person was notified about the decision mentioned in paragraph (a)(ii) has not ended before the commencement.\n(sec.534-ssec.2) The person is not eligible to apply for enrolment under section 155 as a mature age student of the mature age State school, or any other mature age State school, in the 1-year period.\n- (a) if— (i) a person made an application under section 28 of the pre-amended Act for a mature age student notice in relation to a mature age State school; and (ii) the chief executive decided the application by issuing the person with a negative notice; and\n- (i) a person made an application under section 28 of the pre-amended Act for a mature age student notice in relation to a mature age State school; and\n- (ii) the chief executive decided the application by issuing the person with a negative notice; and\n- (b) if the chief executive has not made a review decision to cancel the negative notice and substitute a positive notice; and\n- (c) if the period of 1 year starting on the day after the day the person was notified about the decision mentioned in paragraph (a)(ii) has not ended before the commencement.\n- (i) a person made an application under section 28 of the pre-amended Act for a mature age student notice in relation to a mature age State school; and\n- (ii) the chief executive decided the application by issuing the person with a negative notice; and","sortOrder":742},{"sectionNumber":"sec.535","sectionType":"section","heading":"Criminal history of mature age students","content":"### sec.535 Criminal history of mature age students\n\nThis section applies if, immediately before the commencement—\na person was a mature age student of a mature age State school; and\nthe person was an adult on the day of enrolment at the school.\nChapter 2, part 5, division 4 of the pre-amended Act continues to apply in relation to the person while the person is enrolled at the school as if the amending Act had not been enacted.\nTo remove any doubt, it is declared that subsection (2) applies whether or not the mature age State school is a mature age State school on or after the commencement.\ns 535 ins 2014 No. 62 s 127\n(sec.535-ssec.1) This section applies if, immediately before the commencement— a person was a mature age student of a mature age State school; and the person was an adult on the day of enrolment at the school.\n(sec.535-ssec.2) Chapter 2, part 5, division 4 of the pre-amended Act continues to apply in relation to the person while the person is enrolled at the school as if the amending Act had not been enacted.\n(sec.535-ssec.3) To remove any doubt, it is declared that subsection (2) applies whether or not the mature age State school is a mature age State school on or after the commencement.\n- (a) a person was a mature age student of a mature age State school; and\n- (b) the person was an adult on the day of enrolment at the school.","sortOrder":743},{"sectionNumber":"ch.20-pt.8-div.5","sectionType":"division","heading":"Directions and prohibition orders","content":"## Directions and prohibition orders","sortOrder":744},{"sectionNumber":"sec.536","sectionType":"section","heading":"Reviews of particular existing directions","content":"### sec.536 Reviews of particular existing directions\n\nThis section applies if—\na person was given a direction under section 337, 340 or 349 of the pre-amended Act; and\nimmediately before the commencement, the person—\nhad applied for a review of the direction and the application had not been decided; or\nwas entitled to apply for a review of the direction but had not applied.\nThe pre-amended Act continues to apply in relation to—\nthe direction; and\nany application for a review of the direction; and\nSee also sections 338 and 397 of the pre-amended Act.\nthe confirming, cancelling, amending, setting aside, substituting or returning of the direction (a review decision ); and\nthe giving of, or the failure to give, notice of the review decision.\nSee also section 356(3) and (4) of the pre-amended Act.\ns 536 ins 2014 No. 62 s 127\n(sec.536-ssec.1) This section applies if— a person was given a direction under section 337, 340 or 349 of the pre-amended Act; and immediately before the commencement, the person— had applied for a review of the direction and the application had not been decided; or was entitled to apply for a review of the direction but had not applied.\n(sec.536-ssec.2) The pre-amended Act continues to apply in relation to— the direction; and any application for a review of the direction; and See also sections 338 and 397 of the pre-amended Act. the confirming, cancelling, amending, setting aside, substituting or returning of the direction (a review decision ); and the giving of, or the failure to give, notice of the review decision. See also section 356(3) and (4) of the pre-amended Act.\n- (a) a person was given a direction under section 337, 340 or 349 of the pre-amended Act; and\n- (b) immediately before the commencement, the person— (i) had applied for a review of the direction and the application had not been decided; or (ii) was entitled to apply for a review of the direction but had not applied.\n- (i) had applied for a review of the direction and the application had not been decided; or\n- (ii) was entitled to apply for a review of the direction but had not applied.\n- (i) had applied for a review of the direction and the application had not been decided; or\n- (ii) was entitled to apply for a review of the direction but had not applied.\n- (a) the direction; and\n- (b) any application for a review of the direction; and Note— See also sections 338 and 397 of the pre-amended Act.\n- (c) the confirming, cancelling, amending, setting aside, substituting or returning of the direction (a review decision ); and\n- (d) the giving of, or the failure to give, notice of the review decision. Note— See also section 356(3) and (4) of the pre-amended Act.","sortOrder":745},{"sectionNumber":"sec.537","sectionType":"section","heading":"Existing applications for orders prohibiting persons from entering particular premises","content":"### sec.537 Existing applications for orders prohibiting persons from entering particular premises\n\nThis section applies if—\nan application had been made under section 341(1) or 350(1) of the pre-amended Act; and\nimmediately before the commencement, the application had not been decided.\nThe pre-amended Act continues to apply in relation to—\nthe application; and\nthe giving of a notice in relation to the application; and\nSee also section 356(2) of the pre-amended Act.\nany order made by QCAT in relation to the application.\nSee also section 357(1) of the pre-amended Act.\ns 537 ins 2014 No. 62 s 127\n(sec.537-ssec.1) This section applies if— an application had been made under section 341(1) or 350(1) of the pre-amended Act; and immediately before the commencement, the application had not been decided.\n(sec.537-ssec.2) The pre-amended Act continues to apply in relation to— the application; and the giving of a notice in relation to the application; and See also section 356(2) of the pre-amended Act. any order made by QCAT in relation to the application. See also section 357(1) of the pre-amended Act.\n- (a) an application had been made under section 341(1) or 350(1) of the pre-amended Act; and\n- (b) immediately before the commencement, the application had not been decided.\n- (a) the application; and\n- (b) the giving of a notice in relation to the application; and Note— See also section 356(2) of the pre-amended Act.\n- (c) any order made by QCAT in relation to the application. Note— See also section 357(1) of the pre-amended Act.","sortOrder":746},{"sectionNumber":"sec.538","sectionType":"section","heading":"Annual report of department to include report on particular orders made during 2014–15 financial year","content":"### sec.538 Annual report of department to include report on particular orders made during 2014–15 financial year\n\nIn the department’s annual report for the 2014–15 financial year, the chief executive must include details of the number of orders made during that financial year under section 341 of the pre-amended Act.\nThis section does not limit section 358.\ns 538 ins 2014 No. 62 s 127\n(sec.538-ssec.1) In the department’s annual report for the 2014–15 financial year, the chief executive must include details of the number of orders made during that financial year under section 341 of the pre-amended Act.\n(sec.538-ssec.2) This section does not limit section 358.","sortOrder":747},{"sectionNumber":"sec.539","sectionType":"section","heading":"Non-State school’s governing body to give particular information to Minister for 2014–15 financial year","content":"### sec.539 Non-State school’s governing body to give particular information to Minister for 2014–15 financial year\n\nA non-State school’s governing body must, within 2 months after the end of the 2014–15 financial year, advise the Minister of the number of orders, relating to the school, made during that financial year under section 350 of the pre-amended Act, including the number made in relation to children.\nThis section does not limit section 359.\ns 539 ins 2014 No. 62 s 127\n(sec.539-ssec.1) A non-State school’s governing body must, within 2 months after the end of the 2014–15 financial year, advise the Minister of the number of orders, relating to the school, made during that financial year under section 350 of the pre-amended Act, including the number made in relation to children.\n(sec.539-ssec.2) This section does not limit section 359.","sortOrder":748},{"sectionNumber":"ch.20-pt.8-div.6","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":749},{"sectionNumber":"sec.540","sectionType":"section","heading":"Chief executive may cancel enrolment for particular students","content":"### sec.540 Chief executive may cancel enrolment for particular students\n\nThis section applies to a fee charged under section 52(2) of the pre-amended Act before the commencement.\nWhile the fee remains unpaid, the chief executive may cancel the enrolment of the person to whom the fee relates.\nThe chief executive must, at least 14 days before the enrolment is cancelled, give the person notice that the chief executive intends to cancel the person’s enrolment.\ns 540 ins 2014 No. 62 s 127\n(sec.540-ssec.1) This section applies to a fee charged under section 52(2) of the pre-amended Act before the commencement.\n(sec.540-ssec.2) While the fee remains unpaid, the chief executive may cancel the enrolment of the person to whom the fee relates.\n(sec.540-ssec.3) The chief executive must, at least 14 days before the enrolment is cancelled, give the person notice that the chief executive intends to cancel the person’s enrolment.","sortOrder":750},{"sectionNumber":"sec.541","sectionType":"section","heading":"Distance education fees for 2014 and 2015 school years not payable by particular persons","content":"### sec.541 Distance education fees for 2014 and 2015 school years not payable by particular persons\n\nThis section applies for a person who—\nimmediately before the commencement—\nwas a person mentioned in section 52(1)(a); and\nlived in a State other than Queensland; and\nduring the 2014 school year, enrols, or has enrolled, in a program of distance education at a State school for the 2015 school year.\nSection 52(2) and (3) does not apply to the person for the 2014 and 2015 school years.\ns 541 ins 2014 No. 62 s 127\n(sec.541-ssec.1) This section applies for a person who— immediately before the commencement— was a person mentioned in section 52(1)(a); and lived in a State other than Queensland; and during the 2014 school year, enrols, or has enrolled, in a program of distance education at a State school for the 2015 school year.\n(sec.541-ssec.2) Section 52(2) and (3) does not apply to the person for the 2014 and 2015 school years.\n- (a) immediately before the commencement— (i) was a person mentioned in section 52(1)(a); and (ii) lived in a State other than Queensland; and\n- (i) was a person mentioned in section 52(1)(a); and\n- (ii) lived in a State other than Queensland; and\n- (b) during the 2014 school year, enrols, or has enrolled, in a program of distance education at a State school for the 2015 school year.\n- (i) was a person mentioned in section 52(1)(a); and\n- (ii) lived in a State other than Queensland; and","sortOrder":751},{"sectionNumber":"ch.20-pt.9","sectionType":"part","heading":"Transitional provision for Education and Other Legislation Amendment Act 2016","content":"# Transitional provision for Education and Other Legislation Amendment Act 2016","sortOrder":752},{"sectionNumber":"sec.542","sectionType":"section","heading":"Particular enrolments for year 1 of schooling","content":"### sec.542 Particular enrolments for year 1 of schooling\n\nThis section applies to—\nan application under section 155 to enrol a child in year 1 of schooling at a State school made before the commencement; or\nan application to enrol a child in year 1 of schooling at a non-State school made before the commencement.\nThe school’s principal must deal with the application under the Act as in force immediately before the commencement.\ns 542 ins 2016 No. 46 s 15\n(sec.542-ssec.1) This section applies to— an application under section 155 to enrol a child in year 1 of schooling at a State school made before the commencement; or an application to enrol a child in year 1 of schooling at a non-State school made before the commencement.\n(sec.542-ssec.2) The school’s principal must deal with the application under the Act as in force immediately before the commencement.\n- (a) an application under section 155 to enrol a child in year 1 of schooling at a State school made before the commencement; or\n- (b) an application to enrol a child in year 1 of schooling at a non-State school made before the commencement.","sortOrder":753},{"sectionNumber":"ch.20-pt.10","sectionType":"part","heading":"Transitional provision for Education (Overseas Students) Act 2018","content":"# Transitional provision for Education (Overseas Students) Act 2018","sortOrder":754},{"sectionNumber":"sec.543","sectionType":"section","heading":"Cancellation of registration of child for home education","content":"### sec.543 Cancellation of registration of child for home education\n\nThis section applies if—\nthe chief executive gave a parent of a child a show cause notice under the pre-amended Act, section 222 about the proposed cancellation of the registration of the child for home education; and\nimmediately before the commencement, the chief executive had not—\nnotified the parent, under the pre-amended Act, section 224(b) that no further action would be taken; or\ngiven to the parent, under the pre-amended Act, section 225, an information notice about a decision to cancel the registration.\nThe pre-amended Act continues to apply in relation to the proposed cancellation as if the Education (Overseas Students) Act 2018 had not been enacted.\nIn this section—\npre-amended Act means this Act as in force immediately before the commencement.\ns 543 ins 2018 No. 1 s 133\n(sec.543-ssec.1) This section applies if— the chief executive gave a parent of a child a show cause notice under the pre-amended Act, section 222 about the proposed cancellation of the registration of the child for home education; and immediately before the commencement, the chief executive had not— notified the parent, under the pre-amended Act, section 224(b) that no further action would be taken; or given to the parent, under the pre-amended Act, section 225, an information notice about a decision to cancel the registration.\n(sec.543-ssec.2) The pre-amended Act continues to apply in relation to the proposed cancellation as if the Education (Overseas Students) Act 2018 had not been enacted.\n(sec.543-ssec.3) In this section— pre-amended Act means this Act as in force immediately before the commencement.\n- (a) the chief executive gave a parent of a child a show cause notice under the pre-amended Act, section 222 about the proposed cancellation of the registration of the child for home education; and\n- (b) immediately before the commencement, the chief executive had not— (i) notified the parent, under the pre-amended Act, section 224(b) that no further action would be taken; or (ii) given to the parent, under the pre-amended Act, section 225, an information notice about a decision to cancel the registration.\n- (i) notified the parent, under the pre-amended Act, section 224(b) that no further action would be taken; or\n- (ii) given to the parent, under the pre-amended Act, section 225, an information notice about a decision to cancel the registration.\n- (i) notified the parent, under the pre-amended Act, section 224(b) that no further action would be taken; or\n- (ii) given to the parent, under the pre-amended Act, section 225, an information notice about a decision to cancel the registration.","sortOrder":755},{"sectionNumber":"ch.20-pt.11","sectionType":"part","heading":"Transitional and validation provisions for Education (General Provisions) Amendment Act 2025","content":"# Transitional and validation provisions for Education (General Provisions) Amendment Act 2025","sortOrder":756},{"sectionNumber":"ch.20-pt.11-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":757},{"sectionNumber":"sec.544","sectionType":"section","heading":"Definitions for part","content":"### sec.544 Definitions for part\n\nIn this part—\namendment Act means the Education (General Provisions) Amendment Act 2025 .\nformer , in relation to a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.\nnew , in relation to a provision of this Act, means the provision as in force from the commencement of the provision in which the term is used.\ns 544 ins 2025 No. 24 s 15","sortOrder":758},{"sectionNumber":"ch.20-pt.11-div.2","sectionType":"division","heading":"Provisions commencing on assent","content":"## Provisions commencing on assent","sortOrder":759},{"sectionNumber":"sec.545","sectionType":"section","heading":"Application of new s 180 to pre-commencement information and decisions—compulsory schooling","content":"### sec.545 Application of new s 180 to pre-commencement information and decisions—compulsory schooling\n\nNew section 180 applies in relation to information whether the information came into existence, or relates to a decision made under section 189, before or after the commencement.\ns 545 ins 2025 No. 24 s 15","sortOrder":760},{"sectionNumber":"sec.546","sectionType":"section","heading":"Child’s eligibility to be provisionally registered or registered for home education","content":"### sec.546 Child’s eligibility to be provisionally registered or registered for home education\n\nFrom the commencement—\nnew section 206 applies in relation to a child’s eligibility to be provisionally registered or registered for home education, whether the registration takes effect before or after the commencement; and\nnew section 229A applies in relation to the ending of the child’s registration.\ns 546 ins 2025 No. 24 s 15\n- (a) new section 206 applies in relation to a child’s eligibility to be provisionally registered or registered for home education, whether the registration takes effect before or after the commencement; and\n- (b) new section 229A applies in relation to the ending of the child’s registration.","sortOrder":761},{"sectionNumber":"sec.547","sectionType":"section","heading":"Application of new s 251AB to pre-commencement information and decisions—compulsory participation in education or training","content":"### sec.547 Application of new s 251AB to pre-commencement information and decisions—compulsory participation in education or training\n\nNew section 251AB applies in relation to information whether the information came into existence, or relates to a decision made under section 248, before or after the commencement.\ns 547 ins 2025 No. 24 s 15\n_____\nch 20 pt 11 div 3 (ss 548–555) ins 2025 No. 24 s 38 (uncommenced amendment)","sortOrder":762}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded significantly since its original 2006 enactment. It started as a general framework for Queensland state education but was amended in 2006 (same year) to add Chapter 10 — the 'compulsory participation phase' requiring young people to continue in education or training beyond Year 10. Subsequent amendments in 2009, 2013, 2014, and 2025 added, removed, and restructured significant provisions — including removing large blocks of sections (ss. 22–44, 47A–47K, 25–44, 68–69) likely transferred to specialist legislation like the E(QCAA) Act, while the Further Education and Training Act 2014 absorbed some vocational education provisions. The result is a broader but somewhat hollowed-out framework Act that now operates in tandem with a family of related legislation rather than standing alone."},"complexity_factors":["Multiple interlocking chapters and parts covering very different subject matters (compulsory schooling, school governance, allocations, closures, testing)","The 'semester allocation' system has many exception categories and different calculation methods depending on a student's history","Extensive cross-referencing to other Queensland Acts (Further Education and Training Act 2014, Child Protection Act 1999, Land Act 1994, E(QCAA) Act) and Commonwealth legislation","Numerous sections have been omitted or repealed over time, creating gaps in numbering that make navigation confusing","Multiple layers of decision-making authority (principal, chief executive, Minister, QCAT) with different appeal rights at each level","Special provisions for Aboriginal and Torres Strait Islander children require knowledge of cultural context","School council membership rules involve complex proportionality requirements (equal parent/staff numbers, student rep thresholds, size limits)","Uncommenced amendments (2025) exist alongside current law, creating uncertainty about the current operative state of some provisions","Interaction between compulsory schooling obligations and the separate compulsory participation phase creates a two-stage regime that is easy to conflate"],"plain_english_summary":"Queensland’s Education (General Provisions) Act 2006 sets how the state school system operates: it mandates school attendance and post‑Year‑10 participation in education or training, provides each Prep starter with a 26‑semester free schooling allocation (with limited extra semesters), and governs opening, closing or merging schools with required community consultation. It establishes school councils, protects parent and community involvement (including recognition of Indigenous kinship parents), requires complaint handling, and allows ministerial testing directions. It affects parents, students, principals and school communities."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":658},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2006 form. The provided text shows substantial amendments through 2025, including: new Chapter 8A for mature age student criminal history checks (2014), revised school council provisions (2025), new P&C association powers to assist other schools (2025), and ongoing refinements to the compulsory participation phase framework. The scope now covers not just traditional schooling but extensive post-compulsory participation requirements, home education regulation, and adult education safeguards."},"complexity_factors":["Multiple overlapping age thresholds (6½, 16, 17) with conditional end-points","Extensive cross-referencing to other Acts (Further Education and Training Act, E(QCAA) Act, Child Protection Act, etc.)","Nested exemption frameworks — exemptions from compulsory schooling vs exemptions from compulsory participation","Detailed procedural requirements for school council establishment, membership quotas, and constitutional amendments","Conditional logic throughout: e.g., 'if the student is a child... if the student is an adult...'","Multiple decision-makers with different powers (Minister, chief executive, principals, school councils, P&C associations)","Layered review rights (internal review, QCAT review) with different triggers","Defined terms with multiple exceptions (e.g., 'parent' excludes temporary carers but includes Aboriginal customary parents)","Staged commencement provisions with multiple dates"],"plain_english_summary":"This is Queensland's main education law, setting out how the State school system operates and who must attend school.\n\n**What it does:**\n- **Establishes State schools** — the Minister can create, name, merge or close State schools, with community consultation required for closures and amalgamations.\n- **Sets compulsory schooling rules** — children must attend school from age 6½ until they turn 16 or complete Year 10 (whichever comes first). Parents who don't ensure this face fines (6–12 penalty units).\n- **Creates school councils** — parent-staff-student bodies that advise on school direction but cannot control day-to-day operations, funds, or teaching methods.\n- **Regulates Parents and Citizens (P&C) associations** — community groups that support schools financially and organisationally.\n- **Manages enrolments** — including catchment areas, special school placements, and restrictions on enrolment where students pose safety risks.\n- **Provides for home education** — parents can register to teach children at home, subject to conditions and reporting requirements.\n- **Extends education obligations to 17** — young people must participate in education, training or employment (the \"compulsory participation phase\") after leaving compulsory schooling until they gain a qualification or turn 17.\n\n**Who it affects:**\n- All Queensland children and young people, their parents, State school principals and staff, P&C association members, and home educators.\n\n**Why it matters:**\nIt creates the legal framework for Queensland's entire State education system — from the physical schools themselves, to who must attend, how parents and communities can participate, and what happens when students need flexible arrangements or face exclusion."}},"importantCases":[],"_links":{"self":"/api/acts/education-general-provisions-act-2006","history":"/api/acts/education-general-provisions-act-2006/history","analysis":"/api/acts/education-general-provisions-act-2006/analysis","conflicts":"/api/acts/education-general-provisions-act-2006/conflicts","importantCases":"/api/acts/education-general-provisions-act-2006/important-cases","documents":"/api/acts/education-general-provisions-act-2006/documents"}}