{"id":"qld:sl-2017-0161","name":"Education (General Provisions) Regulation 2017","slug":"education-general-provisions-regulation-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"161 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174948,"registerId":"qld-qld:sl-2017-0161-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Education (General Provisions) Regulation 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2017.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 6 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Management of State instructional institutions","content":"# Management of State instructional institutions","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Management generally","content":"## Management generally","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Management of State instructional institution","content":"### sec.4 Management of State instructional institution\n\nThe person in charge of a State instructional institution is its principal.\nThe principal must manage the institution in a way that—\nensures effective, efficient and appropriate management of public resources; and\npromotes a caring, safe and supportive learning environment; and\nsupports and monitors the academic progress of all students of the institution.\nWithout limiting subsection (2) , the principal must—\npromote educational practices at the institution that lead to the improvement of student learning outcomes; and\nprovide for the effective administration of matters relating to the students of the institution; and\npromote organisational and staffing structures at the institution that encourage each staff member of the institution to become, and continue to be, skilled, confident and responsible in performing his or her role as the staff member; and\npromote continuous evaluation and improvement of the institution’s operations and delivery of services; and\nensure the students of the school are effectively supervised; and\nwhile the students of the school are under the principal’s care and control, take reasonable steps to ensure—\nthe required standard of behaviour of the students is clearly defined; and\nthe standard of behaviour of the students is monitored.\n(sec.4-ssec.1) The person in charge of a State instructional institution is its principal.\n(sec.4-ssec.2) The principal must manage the institution in a way that— ensures effective, efficient and appropriate management of public resources; and promotes a caring, safe and supportive learning environment; and supports and monitors the academic progress of all students of the institution.\n(sec.4-ssec.3) Without limiting subsection (2) , the principal must— promote educational practices at the institution that lead to the improvement of student learning outcomes; and provide for the effective administration of matters relating to the students of the institution; and promote organisational and staffing structures at the institution that encourage each staff member of the institution to become, and continue to be, skilled, confident and responsible in performing his or her role as the staff member; and promote continuous evaluation and improvement of the institution’s operations and delivery of services; and ensure the students of the school are effectively supervised; and while the students of the school are under the principal’s care and control, take reasonable steps to ensure— the required standard of behaviour of the students is clearly defined; and the standard of behaviour of the students is monitored.\n- (a) ensures effective, efficient and appropriate management of public resources; and\n- (b) promotes a caring, safe and supportive learning environment; and\n- (c) supports and monitors the academic progress of all students of the institution.\n- (a) promote educational practices at the institution that lead to the improvement of student learning outcomes; and\n- (b) provide for the effective administration of matters relating to the students of the institution; and\n- (c) promote organisational and staffing structures at the institution that encourage each staff member of the institution to become, and continue to be, skilled, confident and responsible in performing his or her role as the staff member; and\n- (d) promote continuous evaluation and improvement of the institution’s operations and delivery of services; and\n- (e) ensure the students of the school are effectively supervised; and\n- (f) while the students of the school are under the principal’s care and control, take reasonable steps to ensure— (i) the required standard of behaviour of the students is clearly defined; and (ii) the standard of behaviour of the students is monitored.\n- (i) the required standard of behaviour of the students is clearly defined; and\n- (ii) the standard of behaviour of the students is monitored.\n- (i) the required standard of behaviour of the students is clearly defined; and\n- (ii) the standard of behaviour of the students is monitored.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Management of staff members","content":"### sec.5 Management of staff members\n\nThe principal of a State instructional institution must—\nallocate and supervise the work of each staff member of the institution; and\npromptly report to the chief executive, in writing, known or suspected misconduct by a staff member of the institution; and\nencourage teachers of the institution to use appropriate teaching techniques.\n- (a) allocate and supervise the work of each staff member of the institution; and\n- (b) promptly report to the chief executive, in writing, known or suspected misconduct by a staff member of the institution; and\n- (c) encourage teachers of the institution to use appropriate teaching techniques.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Work of staff members outside period allocated for instruction","content":"### sec.6 Work of staff members outside period allocated for instruction\n\nThe principal of a State instructional institution may require a staff member of the institution to work, on a school day, outside the period allocated by the principal for instruction at the institution on the day, if the principal considers it necessary and reasonable in the circumstances.\nWithout limiting subsection (1) , the principal may require the staff member—\nto attend a staff meeting, on a school day, outside that period; and\nif the staff member is a teacher or teacher aide—to supervise the activities of students of the institution.\n(sec.6-ssec.1) The principal of a State instructional institution may require a staff member of the institution to work, on a school day, outside the period allocated by the principal for instruction at the institution on the day, if the principal considers it necessary and reasonable in the circumstances.\n(sec.6-ssec.2) Without limiting subsection (1) , the principal may require the staff member— to attend a staff meeting, on a school day, outside that period; and if the staff member is a teacher or teacher aide—to supervise the activities of students of the institution.\n- (a) to attend a staff meeting, on a school day, outside that period; and\n- (b) if the staff member is a teacher or teacher aide—to supervise the activities of students of the institution.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Teachers to perform allocated duties","content":"### sec.7 Teachers to perform allocated duties\n\nA teacher at a State instructional institution must—\nperform the duties allocated to the teacher by the institution’s principal; and\ntake an active interest in extracurricular activities at the institution; and\nengage in professional development activities.\n- (a) perform the duties allocated to the teacher by the institution’s principal; and\n- (b) take an active interest in extracurricular activities at the institution; and\n- (c) engage in professional development activities.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Who is to assume functions and responsibilities of principal if principal absent","content":"### sec.8 Who is to assume functions and responsibilities of principal if principal absent\n\nIf the principal of a State instructional institution is absent from the institution, 1 of the following persons must assume the functions and responsibilities of the principal during the principal’s absence, until otherwise directed by the chief executive—\na deputy principal of the institution;\nif the principal or the principal’s supervisor nominates another staff member of the institution to assume the functions and responsibilities—the other staff member.\n- (a) a deputy principal of the institution;\n- (b) if the principal or the principal’s supervisor nominates another staff member of the institution to assume the functions and responsibilities—the other staff member.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Chief executive may give direction or guideline","content":"### sec.9 Chief executive may give direction or guideline\n\nThe chief executive may give a direction or guideline to a principal, teacher or other person about a function or power given to the principal, teacher or other person under this regulation.\nThe principal, teacher or other person must comply with the direction or guideline.\n(sec.9-ssec.1) The chief executive may give a direction or guideline to a principal, teacher or other person about a function or power given to the principal, teacher or other person under this regulation.\n(sec.9-ssec.2) The principal, teacher or other person must comply with the direction or guideline.","sortOrder":11},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Temporary removal of student’s property","content":"## Temporary removal of student’s property","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Definition for division","content":"### sec.10 Definition for division\n\nIn this division—\nstaff member , of a State school, means anyone employed by the department at the school.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Power to remove property from student","content":"### sec.11 Power to remove property from student\n\nThe principal or a staff member of a State school may remove from a student at the school any property in the student’s possession if the principal or staff member is satisfied the removal is necessary—\nto promote the caring, safe and supportive learning environment of the school; or\nto maintain and foster mutual respect between staff members and students at the school; or\nto encourage all students attending the school to take responsibility for their own behaviour and the consequences of their actions; or\nto provide for the effective administration of matters relating to students of the school.\nUnder subsection (1) , the property may, for example, be removed from a student to ensure compliance with—\na policy or procedure for school discipline made under section 276 of the Act ; or\na direction or guideline given by the chief executive under the Act ; or\na policy approved, and implemented, by the chief executive under the Act .\n(sec.11-ssec.1) The principal or a staff member of a State school may remove from a student at the school any property in the student’s possession if the principal or staff member is satisfied the removal is necessary— to promote the caring, safe and supportive learning environment of the school; or to maintain and foster mutual respect between staff members and students at the school; or to encourage all students attending the school to take responsibility for their own behaviour and the consequences of their actions; or to provide for the effective administration of matters relating to students of the school.\n(sec.11-ssec.2) Under subsection (1) , the property may, for example, be removed from a student to ensure compliance with— a policy or procedure for school discipline made under section 276 of the Act ; or a direction or guideline given by the chief executive under the Act ; or a policy approved, and implemented, by the chief executive under the Act .\n- (a) to promote the caring, safe and supportive learning environment of the school; or\n- (b) to maintain and foster mutual respect between staff members and students at the school; or\n- (c) to encourage all students attending the school to take responsibility for their own behaviour and the consequences of their actions; or\n- (d) to provide for the effective administration of matters relating to students of the school.\n- (a) a policy or procedure for school discipline made under section 276 of the Act ; or\n- (b) a direction or guideline given by the chief executive under the Act ; or\n- (c) a policy approved, and implemented, by the chief executive under the Act .","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Return of removed property","content":"### sec.12 Return of removed property\n\nThe principal or staff member must, within a reasonable time after the property was removed from the student, make the property available for collection by—\nthe student; or\na parent of the student, if—\nthe student is a child; and\nthe principal considers it would be appropriate to make the property available for collection only by the parent considering—\nthe condition, nature and value of the property; and\nthe safety of the student, other students of the school and staff members of the school; and\nthe good management, administration and control of the school.\nSubsection (1) (b) does not apply if the principal is satisfied it would be inappropriate in the circumstances to make the property available for collection by a parent of the student.\nIt may be inappropriate for the property to be made available for collection by a parent of the student if the student is living independently of his or her parents.\nThe principal or other staff member is not required to make the property available for collection under subsection (1) if—\na police officer has seized the property under the Police Powers and Responsibilities Act 2000 ; or\na police officer has indicated to a staff member of the school that a police officer will come to the school to investigate matters relating to the property, but no police officer has done so; or\nthe principal or other staff member knows, or suspects, the student is not the owner of the property; or\nthe principal or other staff member has made reasonable efforts to notify the student or a parent of the student that the property is available for collection, and has not been able to contact the student or a parent.\nIf the principal or staff member knows, or suspects, the student is not the owner of the property, the principal or staff member must make reasonable efforts to return the property to the owner.\nIn deciding what is a reasonable time for subsection (1) , the student or staff member must consider—\nthe condition, nature and value of the property; and\nthe circumstances in which the property was removed from the student; and\nthe safety of the student, other students of the school and staff members of the school; and\nthe good management, administration and control of the school.\nThe principal or other staff member must take reasonable care to ensure that property made available for collection under subsection (1) is in the same condition as it was in when the property was removed from the student.\n(sec.12-ssec.1) The principal or staff member must, within a reasonable time after the property was removed from the student, make the property available for collection by— the student; or a parent of the student, if— the student is a child; and the principal considers it would be appropriate to make the property available for collection only by the parent considering— the condition, nature and value of the property; and the safety of the student, other students of the school and staff members of the school; and the good management, administration and control of the school.\n(sec.12-ssec.2) Subsection (1) (b) does not apply if the principal is satisfied it would be inappropriate in the circumstances to make the property available for collection by a parent of the student. It may be inappropriate for the property to be made available for collection by a parent of the student if the student is living independently of his or her parents.\n(sec.12-ssec.3) The principal or other staff member is not required to make the property available for collection under subsection (1) if— a police officer has seized the property under the Police Powers and Responsibilities Act 2000 ; or a police officer has indicated to a staff member of the school that a police officer will come to the school to investigate matters relating to the property, but no police officer has done so; or the principal or other staff member knows, or suspects, the student is not the owner of the property; or the principal or other staff member has made reasonable efforts to notify the student or a parent of the student that the property is available for collection, and has not been able to contact the student or a parent.\n(sec.12-ssec.4) If the principal or staff member knows, or suspects, the student is not the owner of the property, the principal or staff member must make reasonable efforts to return the property to the owner.\n(sec.12-ssec.5) In deciding what is a reasonable time for subsection (1) , the student or staff member must consider— the condition, nature and value of the property; and the circumstances in which the property was removed from the student; and the safety of the student, other students of the school and staff members of the school; and the good management, administration and control of the school.\n(sec.12-ssec.6) The principal or other staff member must take reasonable care to ensure that property made available for collection under subsection (1) is in the same condition as it was in when the property was removed from the student.\n- (a) the student; or\n- (b) a parent of the student, if— (i) the student is a child; and (ii) the principal considers it would be appropriate to make the property available for collection only by the parent considering— (A) the condition, nature and value of the property; and (B) the safety of the student, other students of the school and staff members of the school; and (C) the good management, administration and control of the school.\n- (i) the student is a child; and\n- (ii) the principal considers it would be appropriate to make the property available for collection only by the parent considering— (A) the condition, nature and value of the property; and (B) the safety of the student, other students of the school and staff members of the school; and (C) the good management, administration and control of the school.\n- (A) the condition, nature and value of the property; and\n- (B) the safety of the student, other students of the school and staff members of the school; and\n- (C) the good management, administration and control of the school.\n- (i) the student is a child; and\n- (ii) the principal considers it would be appropriate to make the property available for collection only by the parent considering— (A) the condition, nature and value of the property; and (B) the safety of the student, other students of the school and staff members of the school; and (C) the good management, administration and control of the school.\n- (A) the condition, nature and value of the property; and\n- (B) the safety of the student, other students of the school and staff members of the school; and\n- (C) the good management, administration and control of the school.\n- (A) the condition, nature and value of the property; and\n- (B) the safety of the student, other students of the school and staff members of the school; and\n- (C) the good management, administration and control of the school.\n- (a) a police officer has seized the property under the Police Powers and Responsibilities Act 2000 ; or\n- (b) a police officer has indicated to a staff member of the school that a police officer will come to the school to investigate matters relating to the property, but no police officer has done so; or\n- (c) the principal or other staff member knows, or suspects, the student is not the owner of the property; or\n- (d) the principal or other staff member has made reasonable efforts to notify the student or a parent of the student that the property is available for collection, and has not been able to contact the student or a parent.\n- (a) the condition, nature and value of the property; and\n- (b) the circumstances in which the property was removed from the student; and\n- (c) the safety of the student, other students of the school and staff members of the school; and\n- (d) the good management, administration and control of the school.","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Property management","content":"# Property management","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Permission to use premises","content":"### sec.13 Permission to use premises\n\nA person may apply to the chief executive for permission to use the premises of a State educational institution.\nThe application must—\nbe in writing; and\nif the proposed use of the premises is for a social function at which liquor is to be consumed—include a request for permission to take liquor onto the premises.\nThe chief executive must, as soon as practicable after receiving the application, give the applicant notice of—\nthe chief executive’s decision on the application; and\nif the application includes a request for permission to take liquor onto the premises—the chief executive’s decision on the request.\nThe chief executive can not give permission, under subsection (3) , to take liquor onto the premises if the premises are a dry place or a part of a dry place.\nThe permission may be subject to the conditions the chief executive considers appropriate.\nThis section applies subject to sections 14 and 15 .\nIn this section—\ndry place see the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 27 .\n(sec.13-ssec.1) A person may apply to the chief executive for permission to use the premises of a State educational institution.\n(sec.13-ssec.2) The application must— be in writing; and if the proposed use of the premises is for a social function at which liquor is to be consumed—include a request for permission to take liquor onto the premises.\n(sec.13-ssec.3) The chief executive must, as soon as practicable after receiving the application, give the applicant notice of— the chief executive’s decision on the application; and if the application includes a request for permission to take liquor onto the premises—the chief executive’s decision on the request.\n(sec.13-ssec.4) The chief executive can not give permission, under subsection (3) , to take liquor onto the premises if the premises are a dry place or a part of a dry place.\n(sec.13-ssec.5) The permission may be subject to the conditions the chief executive considers appropriate.\n(sec.13-ssec.6) This section applies subject to sections 14 and 15 .\n(sec.13-ssec.7) In this section— dry place see the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 27 .\n- (a) be in writing; and\n- (b) if the proposed use of the premises is for a social function at which liquor is to be consumed—include a request for permission to take liquor onto the premises.\n- (a) the chief executive’s decision on the application; and\n- (b) if the application includes a request for permission to take liquor onto the premises—the chief executive’s decision on the request.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Agreement of association required","content":"### sec.14 Agreement of association required\n\nThis section applies if—\na person makes an application under section 13 (1) for permission to use the premises of a State instructional institution; and\nthe application includes a request, under section 13 (2) (b) , for permission to take liquor onto the premises; and\nan association has been formed for the institution.\nThe chief executive may give permission, under section 13 (3) , to take liquor onto the premises only if the association has agreed to—\nliquor being taken onto the premises for consumption during the social function; and\nany conditions the chief executive proposes to impose under section 13 (5) .\n(sec.14-ssec.1) This section applies if— a person makes an application under section 13 (1) for permission to use the premises of a State instructional institution; and the application includes a request, under section 13 (2) (b) , for permission to take liquor onto the premises; and an association has been formed for the institution.\n(sec.14-ssec.2) The chief executive may give permission, under section 13 (3) , to take liquor onto the premises only if the association has agreed to— liquor being taken onto the premises for consumption during the social function; and any conditions the chief executive proposes to impose under section 13 (5) .\n- (a) a person makes an application under section 13 (1) for permission to use the premises of a State instructional institution; and\n- (b) the application includes a request, under section 13 (2) (b) , for permission to take liquor onto the premises; and\n- (c) an association has been formed for the institution.\n- (a) liquor being taken onto the premises for consumption during the social function; and\n- (b) any conditions the chief executive proposes to impose under section 13 (5) .","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Permission to take liquor of a particular type onto particular premises that are in restricted area","content":"### sec.15 Permission to take liquor of a particular type onto particular premises that are in restricted area\n\nThe chief executive may give permission, under section 13 (3) , for a person to take liquor of a particular type onto particular premises, in a restricted area, only if—\nthe person holds a restricted area permit authorising the person to possess in the restricted area, for the purpose of the social function for which the permission is requested, more than the prescribed quantity of that type of liquor for the area; or\notherwise—the permission is subject to the condition that the quantity of that type of liquor the person may take onto the premises is not more than the prescribed quantity of that type of liquor for the restricted area.\nIf the chief executive gives a person permission under section 13 (3) , and subsection (1) (a) applies to the person, the permission applies—\nonly for the times, and on the day or days, stated in the restricted area permit; and\nonly during the period stated in the restricted area permit; and\nsubject to the Liquor Act 1992 and any conditions on which the restricted area permit is held by the person.\nIn this section—\nprescribed quantity of type of liquor , for a restricted area, means the quantity of that type of liquor stated in a regulation made under the Liquor Act 1992 , section 173H that a person may have in possession in the area without a restricted area permit.\nrestricted area means an area declared under the Liquor Act 1992 , section 173G (1) to be a restricted area.\nrestricted area permit means a restricted area permit granted under the Liquor Act 1992 .\n(sec.15-ssec.1) The chief executive may give permission, under section 13 (3) , for a person to take liquor of a particular type onto particular premises, in a restricted area, only if— the person holds a restricted area permit authorising the person to possess in the restricted area, for the purpose of the social function for which the permission is requested, more than the prescribed quantity of that type of liquor for the area; or otherwise—the permission is subject to the condition that the quantity of that type of liquor the person may take onto the premises is not more than the prescribed quantity of that type of liquor for the restricted area.\n(sec.15-ssec.2) If the chief executive gives a person permission under section 13 (3) , and subsection (1) (a) applies to the person, the permission applies— only for the times, and on the day or days, stated in the restricted area permit; and only during the period stated in the restricted area permit; and subject to the Liquor Act 1992 and any conditions on which the restricted area permit is held by the person.\n(sec.15-ssec.3) In this section— prescribed quantity of type of liquor , for a restricted area, means the quantity of that type of liquor stated in a regulation made under the Liquor Act 1992 , section 173H that a person may have in possession in the area without a restricted area permit. restricted area means an area declared under the Liquor Act 1992 , section 173G (1) to be a restricted area. restricted area permit means a restricted area permit granted under the Liquor Act 1992 .\n- (a) the person holds a restricted area permit authorising the person to possess in the restricted area, for the purpose of the social function for which the permission is requested, more than the prescribed quantity of that type of liquor for the area; or\n- (b) otherwise—the permission is subject to the condition that the quantity of that type of liquor the person may take onto the premises is not more than the prescribed quantity of that type of liquor for the restricted area.\n- (a) only for the times, and on the day or days, stated in the restricted area permit; and\n- (b) only during the period stated in the restricted area permit; and\n- (c) subject to the Liquor Act 1992 and any conditions on which the restricted area permit is held by the person.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Care for property","content":"### sec.16 Care for property\n\nThis section applies to the following persons—\nthe principal, or a deputy principal or staff member, of a State instructional institution;\na person who is in control of, or responsible for managing, a State educational institution’s property.\nA person to whom this section applies must take reasonable steps to care for the institution’s property.\nIn this section—\nproperty means property that is, or forms part of, the premises or equipment of the institution.\n(sec.16-ssec.1) This section applies to the following persons— the principal, or a deputy principal or staff member, of a State instructional institution; a person who is in control of, or responsible for managing, a State educational institution’s property.\n(sec.16-ssec.2) A person to whom this section applies must take reasonable steps to care for the institution’s property.\n(sec.16-ssec.3) In this section— property means property that is, or forms part of, the premises or equipment of the institution.\n- (a) the principal, or a deputy principal or staff member, of a State instructional institution;\n- (b) a person who is in control of, or responsible for managing, a State educational institution’s property.","sortOrder":20},{"sectionNumber":"pt.4","sectionType":"part","heading":"Administration of students","content":"# Administration of students","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Age for enrolment in preparatory year","content":"### sec.17 Age for enrolment in preparatory year\n\nThe principal of a State school, or non-State school, may enrol a child in the preparatory year at the school only if the child will be at least 5 years and 6 months on 31 December in the proposed year of attendance at the school.\nA child who turns 5 on or before 30 June in a year will be at least 5 years and 6 months on 31 December in that year.\nHowever, the principal may enrol a child in the preparatory year at the school if—\nthe child will be at least 5 years and 5 months on 31 December in the proposed year of attendance at the school; and\nA child who turns 5 on or before 31 July in a year will be at least 5 years and 5 months on 31 December in that year.\nthe principal is satisfied the child is ready for education in the preparatory year, considering the child’s attributes.\nAlso, the principal may enrol a child in the preparatory year at the school, regardless of the child’s age, if the principal is satisfied the child—\nhad started education in another State or country that is equivalent to the preparatory year; and\nis ready for education in the preparatory year, considering the child’s attributes.\nThis section applies subject to chapter 8 of the Act .\n(sec.17-ssec.1) The principal of a State school, or non-State school, may enrol a child in the preparatory year at the school only if the child will be at least 5 years and 6 months on 31 December in the proposed year of attendance at the school. A child who turns 5 on or before 30 June in a year will be at least 5 years and 6 months on 31 December in that year.\n(sec.17-ssec.2) However, the principal may enrol a child in the preparatory year at the school if— the child will be at least 5 years and 5 months on 31 December in the proposed year of attendance at the school; and A child who turns 5 on or before 31 July in a year will be at least 5 years and 5 months on 31 December in that year. the principal is satisfied the child is ready for education in the preparatory year, considering the child’s attributes.\n(sec.17-ssec.3) Also, the principal may enrol a child in the preparatory year at the school, regardless of the child’s age, if the principal is satisfied the child— had started education in another State or country that is equivalent to the preparatory year; and is ready for education in the preparatory year, considering the child’s attributes.\n(sec.17-ssec.4) This section applies subject to chapter 8 of the Act .\n- (a) the child will be at least 5 years and 5 months on 31 December in the proposed year of attendance at the school; and Example— A child who turns 5 on or before 31 July in a year will be at least 5 years and 5 months on 31 December in that year.\n- (b) the principal is satisfied the child is ready for education in the preparatory year, considering the child’s attributes.\n- (a) had started education in another State or country that is equivalent to the preparatory year; and\n- (b) is ready for education in the preparatory year, considering the child’s attributes.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Age for enrolment in years 1 to 6","content":"### sec.18 Age for enrolment in years 1 to 6\n\nThe principal of a State school, or non-State school, may enrol a child in a year of schooling from years 1 to 6 at the school only if the child will be at least 6 years and 6 months on 31 December in the proposed year of attendance at the school.\nA child who turns 6 on or before 30 June in a year will be at least 6 years and 6 months on 31 December in that year.\nHowever, the principal may enrol a child in a year of schooling from years 1 to 6 at the school, regardless of the child’s age, if the principal is satisfied the child is ready for education in the year of schooling, considering the child’s attributes.\nThis section applies subject to chapter 8 of the Act .\n(sec.18-ssec.1) The principal of a State school, or non-State school, may enrol a child in a year of schooling from years 1 to 6 at the school only if the child will be at least 6 years and 6 months on 31 December in the proposed year of attendance at the school. A child who turns 6 on or before 30 June in a year will be at least 6 years and 6 months on 31 December in that year.\n(sec.18-ssec.2) However, the principal may enrol a child in a year of schooling from years 1 to 6 at the school, regardless of the child’s age, if the principal is satisfied the child is ready for education in the year of schooling, considering the child’s attributes.\n(sec.18-ssec.3) This section applies subject to chapter 8 of the Act .","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Documentary evidence of date of birth or parentage","content":"### sec.19 Documentary evidence of date of birth or parentage\n\nIf asked by the principal of a State school, documentary evidence of the date of birth of a student of the school must be given to the principal by—\nif the student is a child—a parent of the student; or\nif the student is an adult—the student.\nDespite subsection (1) (a) , if the student is a child, the principal may ask the student for the documentary evidence if the principal is satisfied it would be inappropriate in the circumstances for a parent of the student to give the evidence.\nIt may be inappropriate for a parent of the student to give the evidence if the student is living independently of his or her parents.\nIf the principal asks the student for the documentary evidence, the student must give the evidence to the principal.\nIf asked by the principal of a State school, a person who claims to be a parent of a student, who is a child, of the school must give the principal documentary evidence of the person’s parentage of the student.\nIn this section—\nstudent includes prospective student.\n(sec.19-ssec.1) If asked by the principal of a State school, documentary evidence of the date of birth of a student of the school must be given to the principal by— if the student is a child—a parent of the student; or if the student is an adult—the student.\n(sec.19-ssec.2) Despite subsection (1) (a) , if the student is a child, the principal may ask the student for the documentary evidence if the principal is satisfied it would be inappropriate in the circumstances for a parent of the student to give the evidence. It may be inappropriate for a parent of the student to give the evidence if the student is living independently of his or her parents.\n(sec.19-ssec.3) If the principal asks the student for the documentary evidence, the student must give the evidence to the principal.\n(sec.19-ssec.4) If asked by the principal of a State school, a person who claims to be a parent of a student, who is a child, of the school must give the principal documentary evidence of the person’s parentage of the student.\n(sec.19-ssec.5) In this section— student includes prospective student.\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":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Absences to be recorded","content":"### sec.20 Absences to be recorded\n\nIf a student of a State school is absent from school, the school’s principal must record the absence in the way decided by the chief executive.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Meaning of unexplained absence","content":"### sec.21 Meaning of unexplained absence\n\nIf a student of a State school is absent from school, the absence is an unexplained absence if the principal, or a staff member, of the school has not been informed that the student will be absent and the reason for the absence, or the reason the student is or was absent, by—\nif the student is a child—a parent of the student; or\nif the student is an adult—the student.\nDespite subsection (1) (a) , if the student is a child, the student may inform the principal or a staff member of the school about the absence if the principal is satisfied it would be inappropriate in the circumstances for a parent of the student to inform the principal or a staff member of the school about the absence.\nIt may be inappropriate for a parent of the student to inform the principal or a staff member of the school about the absence if the student is living independently of his or her parents.\n(sec.21-ssec.1) If a student of a State school is absent from school, the absence is an unexplained absence if the principal, or a staff member, of the school has not been informed that the student will be absent and the reason for the absence, or the reason the student is or was absent, by— if the student is a child—a parent of the student; or if the student is an adult—the student.\n(sec.21-ssec.2) Despite subsection (1) (a) , if the student is a child, the student may inform the principal or a staff member of the school about the absence if the principal is satisfied it would be inappropriate in the circumstances for a parent of the student to inform the principal or a staff member of the school about the absence. It may be inappropriate for a parent of the student to inform the principal or a staff member of the school about the absence if the student is living independently of his or her parents.\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":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Reporting unexplained absences","content":"### sec.22 Reporting unexplained absences\n\nThis section applies if—\na student of a State school is absent from school; and\nthe absence is an unexplained absence.\nIf the student is a child, the school’s principal must inform a parent of the student about the absence and ask the parent the reason for the absence.\nSubsection (2) does not apply to the student if the principal is satisfied it would be inappropriate in the circumstances to inform a parent of the student about the absence.\nIt may be inappropriate to inform a parent of the student about the absence if the student is living independently of his or her parents.\nThe principal must ask the student the reason for the unexplained absence if—\nthe student is a child and subsection (2) does not apply to the student; or\nthe student is an adult.\nThe principal may report an absence to a relevant authority if—\neither—\nthe absence is an unexplained absence; or\nthe absence was an unexplained absence and the principal asked the reason for the absence under subsection (2) or (4) ; and\nthe principal considers it is appropriate to do so.\nIn this section—\nrelevant authority means an entity of the State to whom it is appropriate to report an unexplained absence, including, for example, a police officer and the department in which the Child Protection Act 1999 is administered.\n(sec.22-ssec.1) This section applies if— a student of a State school is absent from school; and the absence is an unexplained absence.\n(sec.22-ssec.2) If the student is a child, the school’s principal must inform a parent of the student about the absence and ask the parent the reason for the absence.\n(sec.22-ssec.3) Subsection (2) does not apply to the student if the principal is satisfied it would be inappropriate in the circumstances to inform a parent of the student about the absence. It may be inappropriate to inform a parent of the student about the absence if the student is living independently of his or her parents.\n(sec.22-ssec.4) The principal must ask the student the reason for the unexplained absence if— the student is a child and subsection (2) does not apply to the student; or the student is an adult.\n(sec.22-ssec.5) The principal may report an absence to a relevant authority if— either— the absence is an unexplained absence; or the absence was an unexplained absence and the principal asked the reason for the absence under subsection (2) or (4) ; and the principal considers it is appropriate to do so.\n(sec.22-ssec.6) In this section— relevant authority means an entity of the State to whom it is appropriate to report an unexplained absence, including, for example, a police officer and the department in which the Child Protection Act 1999 is administered.\n- (a) a student of a State school is absent from school; and\n- (b) the absence is an unexplained absence.\n- (a) the student is a child and subsection (2) does not apply to the student; or\n- (b) the student is an adult.\n- (a) either— (i) the absence is an unexplained absence; or (ii) the absence was an unexplained absence and the principal asked the reason for the absence under subsection (2) or (4) ; and\n- (i) the absence is an unexplained absence; or\n- (ii) the absence was an unexplained absence and the principal asked the reason for the absence under subsection (2) or (4) ; and\n- (b) the principal considers it is appropriate to do so.\n- (i) the absence is an unexplained absence; or\n- (ii) the absence was an unexplained absence and the principal asked the reason for the absence under subsection (2) or (4) ; and","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Other absences—principal may ask for clarification of reason for absence","content":"### sec.23 Other absences—principal may ask for clarification of reason for absence\n\nThis section applies if—\na student of a State school is absent from school; and\nthe absence is not an unexplained absence; and\nthe principal of the school is not satisfied about the reason for the absence.\nIf the student is a child, the principal may ask a parent of the student the reason for the absence.\nSubsection (2) does not apply to the student if the principal is satisfied it would be inappropriate in the circumstances to ask a parent of the student the reason for the absence.\nIt may be inappropriate to ask a parent of the student the reason for the student’s absence if the student is living independently of his or her parents.\nThe principal may ask the student the reason for the absence if—\nthe student is a child and subsection (2) does not apply to the student; or\nthe student is an adult.\n(sec.23-ssec.1) This section applies if— a student of a State school is absent from school; and the absence is not an unexplained absence; and the principal of the school is not satisfied about the reason for the absence.\n(sec.23-ssec.2) If the student is a child, the principal may ask a parent of the student the reason for the absence.\n(sec.23-ssec.3) Subsection (2) does not apply to the student if the principal is satisfied it would be inappropriate in the circumstances to ask a parent of the student the reason for the absence. It may be inappropriate to ask a parent of the student the reason for the student’s absence if the student is living independently of his or her parents.\n(sec.23-ssec.4) The principal may ask the student the reason for the absence if— the student is a child and subsection (2) does not apply to the student; or the student is an adult.\n- (a) a student of a State school is absent from school; and\n- (b) the absence is not an unexplained absence; and\n- (c) the principal of the school is not satisfied about the reason for the absence.\n- (a) the student is a child and subsection (2) does not apply to the student; or\n- (b) the student is an adult.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Homework","content":"### sec.24 Homework\n\nA teacher at a State school may require a student of the school to complete homework.\nThe school’s principal may decide what is a reasonable amount of homework to be completed by a student of the school for each year of schooling offered at the school.\nIn deciding what is a reasonable amount of homework under subsection (2) , the principal must have regard to any homework policy developed and implemented by the principal under section 427 (2) (f) of the Act .\n(sec.24-ssec.1) A teacher at a State school may require a student of the school to complete homework.\n(sec.24-ssec.2) The school’s principal may decide what is a reasonable amount of homework to be completed by a student of the school for each year of schooling offered at the school.\n(sec.24-ssec.3) In deciding what is a reasonable amount of homework under subsection (2) , the principal must have regard to any homework policy developed and implemented by the principal under section 427 (2) (f) of the Act .","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Transfer note— Act , s 384","content":"### sec.25 Transfer note— Act , s 384\n\nFor section 384 (1) of the Act , each type of information as follows about a former student or continuing student of a State school or non-State school is prescribed—\nstudent-identifying information;\nmedical details;\nschool details;\nlevel of schooling;\nallocation of State education;\nschool attendance;\neducational performance;\neducational support;\nbehavioural issues;\nany of the following made under a law of a State, the Commonwealth or a place outside Australia—\nan order about the person with whom the student is to live, including, for example, a custody order or residence order;\na guardianship order, including, for example, an order appointing a guardian for the student or an order appointing a guardian for a matter for the student.\n- (a) student-identifying information;\n- (b) medical details;\n- (c) school details;\n- (d) level of schooling;\n- (e) allocation of State education;\n- (f) school attendance;\n- (g) educational performance;\n- (h) educational support;\n- (i) behavioural issues;\n- (j) any of the following made under a law of a State, the Commonwealth or a place outside Australia— (i) an order about the person with whom the student is to live, including, for example, a custody order or residence order; (ii) a guardianship order, including, for example, an order appointing a guardian for the student or an order appointing a guardian for a matter for the student.\n- (i) an order about the person with whom the student is to live, including, for example, a custody order or residence order;\n- (ii) a guardianship order, including, for example, an order appointing a guardian for the student or an order appointing a guardian for a matter for the student.\n- (i) an order about the person with whom the student is to live, including, for example, a custody order or residence order;\n- (ii) a guardianship order, including, for example, an order appointing a guardian for the student or an order appointing a guardian for a matter for the student.","sortOrder":30},{"sectionNumber":"pt.5","sectionType":"part","heading":"Religious instruction","content":"# Religious instruction","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application for approval as accredited representative","content":"### sec.26 Application for approval as accredited representative\n\nAn application under section 76 (1) of the Act for approval as an accredited representative of a religious denomination or society must be in writing.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Approval to be produced","content":"### sec.27 Approval to be produced\n\nIf asked by the principal of a State school, an approved accredited representative at the State school must produce to the principal an approval given to the representative under section 76 (1) of the Act .","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Authorised religious instruction","content":"### sec.28 Authorised religious instruction\n\nA religious instructor may give only religious instruction approved by the religious denomination or society the instructor represents.","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Period for religious instruction","content":"### sec.29 Period for religious instruction\n\nThe principal of a State school must fix the period, during school hours, in which religious instruction at the school may be given each week.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Attendance by students at religious instruction","content":"### sec.30 Attendance by students at religious instruction\n\nThe principal of a State school must not allow a student of the school to attend religious instruction given by a religious instructor, other than of a religious denomination or society of which the student is a member, unless a parent of the student has given written consent.\nHowever, students may attend classes arranged for students of more than 1 religious denomination or society by agreement of the ministers of those denominations or societies.\n(sec.30-ssec.1) The principal of a State school must not allow a student of the school to attend religious instruction given by a religious instructor, other than of a religious denomination or society of which the student is a member, unless a parent of the student has given written consent.\n(sec.30-ssec.2) However, students may attend classes arranged for students of more than 1 religious denomination or society by agreement of the ministers of those denominations or societies.","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Students withdrawn from all religious instruction","content":"### sec.31 Students withdrawn from all religious instruction\n\nThe principal of a State school must arrange for a student who, under section 76 (5) of the Act , has been withdrawn by a parent of the student from all religious instruction in the school to receive other instruction in a separate location during the period arranged for religious instruction.","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Register of religious instructors","content":"### sec.32 Register of religious instructors\n\nThe principal of a State school must keep a register of each religious instructor who attends the school and the dates and times of each attendance.","sortOrder":38},{"sectionNumber":"sec.33","sectionType":"section","heading":"Selected Bible lessons— Act , s 76","content":"### sec.33 Selected Bible lessons— Act , s 76\n\nThe principal of a State primary school or State special school may arrange a period of one-half hour in each week, during school hours, for religious instruction in selected Bible lessons.","sortOrder":39},{"sectionNumber":"sec.34","sectionType":"section","heading":"Prohibition on bringing onto, using on or leaving at premises of State school particular documents","content":"### sec.34 Prohibition on bringing onto, using on or leaving at premises of State school particular documents\n\nA person, other than a religious instructor, must not bring onto, use on or leave at the premises of a State school a publication of a religious denomination or society.\nA religious instructor must not leave at the premises of a State school a publication of a religious denomination or society.\n(sec.34-ssec.1) A person, other than a religious instructor, must not bring onto, use on or leave at the premises of a State school a publication of a religious denomination or society.\n(sec.34-ssec.2) A religious instructor must not leave at the premises of a State school a publication of a religious denomination or society.","sortOrder":40},{"sectionNumber":"pt.6","sectionType":"part","heading":"Parents and citizens associations","content":"# Parents and citizens associations","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Formation of parents and citizens association— Act , s 118","content":"### sec.35 Formation of parents and citizens association— Act , s 118\n\nThe principal of a State instructional institution may call a meeting of eligible persons to consider the formation of a parents and citizens association for the institution.\nIf the eligible persons present at the meeting decide a parents and citizens association should be formed for the institution, the parents and citizens association must be formed by the election, from among the eligible persons, of the following officers—\na president;\nat least 1 vice-president;\na secretary;\na treasurer;\nany additional officers, as decided by the eligible persons present at the meeting.\nThe meeting may be held, and eligible persons may take part in the meeting by, using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.\nteleconferencing, videoconferencing\nA person who takes part in the meeting under subsection (3) is taken to be present at the meeting.\nIn this section—\neligible person , in relation to a State instructional institution, means a person who under section 118 of the Act is eligible to be a member of a parents and citizens association formed for the institution.\ns 35 amd 2022 SL No. 135 s 6\n(sec.35-ssec.1) The principal of a State instructional institution may call a meeting of eligible persons to consider the formation of a parents and citizens association for the institution.\n(sec.35-ssec.2) If the eligible persons present at the meeting decide a parents and citizens association should be formed for the institution, the parents and citizens association must be formed by the election, from among the eligible persons, of the following officers— a president; at least 1 vice-president; a secretary; a treasurer; any additional officers, as decided by the eligible persons present at the meeting.\n(sec.35-ssec.3) The meeting may be held, and eligible persons may take part in the meeting by, using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting. teleconferencing, videoconferencing\n(sec.35-ssec.4) A person who takes part in the meeting under subsection (3) is taken to be present at the meeting.\n(sec.35-ssec.5) In this section— eligible person , in relation to a State instructional institution, means a person who under section 118 of the Act is eligible to be a member of a parents and citizens association formed for the institution.\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 eligible persons present at the meeting.","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":"Formation of interim parents and citizens association— Act , s 119","content":"### sec.36 Formation of interim parents and citizens association— Act , s 119\n\nIf an interim parents and citizens association is to be formed for a proposed State instructional institution, it must be formed in the way a parents and citizen association must be formed under section 35 , as if it were a parents and citizens association.\nHowever—\nthe meeting of eligible persons to consider the formation of the interim parents and citizens association may be called by the chief executive; and\nfor subsection (1) , eligible person , in relation to a proposed State instructional institution, means a person who under section 119 of the Act is eligible to be a member of an interim parents and citizens association formed for the proposed State instructional institution.\n(sec.36-ssec.1) If an interim parents and citizens association is to be formed for a proposed State instructional institution, it must be formed in the way a parents and citizen association must be formed under section 35 , as if it were a parents and citizens association.\n(sec.36-ssec.2) However— the meeting of eligible persons to consider the formation of the interim parents and citizens association may be called by the chief executive; and for subsection (1) , eligible person , in relation to a proposed State instructional institution, means a person who under section 119 of the Act is eligible to be a member of an interim parents and citizens association formed for the proposed State instructional institution.\n- (a) the meeting of eligible persons to consider the formation of the interim parents and citizens association may be called by the chief executive; and\n- (b) for subsection (1) , eligible person , in relation to a proposed State instructional institution, means a person who under section 119 of the Act is eligible to be a member of an interim parents and citizens association formed for the proposed State instructional institution.","sortOrder":43},{"sectionNumber":"sec.37","sectionType":"section","heading":"Name of association","content":"### sec.37 Name of association\n\nA parents and citizens association must be known by the name the (name of State instructional institution) Parents and Citizens Association.\nAn interim parents and citizens association must be known by the name the (name of proposed State instructional institution) Interim Parents and Citizens Association.\n(sec.37-ssec.1) A parents and citizens association must be known by the name the (name of State instructional institution) Parents and Citizens Association.\n(sec.37-ssec.2) An interim parents and citizens association must be known by the name the (name of proposed State instructional institution) Interim Parents and Citizens Association.","sortOrder":44},{"sectionNumber":"sec.38","sectionType":"section","heading":"Adoption of constitution— Act , s 131","content":"### sec.38 Adoption of constitution— Act , s 131\n\nThe members of an association must adopt a constitution for the association as soon as practicable after the association is formed.\nThe association’s constitution must include provisions about the following—\nthe conduct of annual general meetings, general meetings, and special meetings, of the association;\nthe functions of the association’s officers;\nthe procedures about the association’s accounts.\nThe chief executive may prepare a model constitution for associations.\nIn adopting a constitution for an association, the members of the association must consider the model constitution for associations, if any, prepared under subsection (3) .\n(sec.38-ssec.1) The members of an association must adopt a constitution for the association as soon as practicable after the association is formed.\n(sec.38-ssec.2) The association’s constitution must include provisions about the following— the conduct of annual general meetings, general meetings, and special meetings, of the association; the functions of the association’s officers; the procedures about the association’s accounts.\n(sec.38-ssec.3) The chief executive may prepare a model constitution for associations.\n(sec.38-ssec.4) In adopting a constitution for an association, the members of the association must consider the model constitution for associations, if any, prepared under subsection (3) .\n- (a) the conduct of annual general meetings, general meetings, and special meetings, of the association;\n- (b) the functions of the association’s officers;\n- (c) the procedures about the association’s accounts.","sortOrder":45},{"sectionNumber":"sec.39","sectionType":"section","heading":"Amendment of constitution— Act , s 131","content":"### sec.39 Amendment of constitution— Act , s 131\n\nAn association may resolve to amend its constitution by a resolution passed by a majority of its members present at an annual general meeting, or special meeting, of the association.\nIn preparing a proposed amendment of its constitution, an association must consider the model constitution for associations, if any, prepared under section 38 (3) .\n(sec.39-ssec.1) An association may resolve to amend its constitution by a resolution passed by a majority of its members present at an annual general meeting, or special meeting, of the association.\n(sec.39-ssec.2) In preparing a proposed amendment of its constitution, an association must consider the model constitution for associations, if any, prepared under section 38 (3) .","sortOrder":46},{"sectionNumber":"sec.40","sectionType":"section","heading":"Membership of association","content":"### sec.40 Membership of association\n\nA person who applies for membership of an association is taken to be a member if membership is not refused by the association within 2 months after the person applies for membership.\nA person is refused membership of an association if the association gives the person notice of the refusal and the reasons for the refusal within 2 months after the person applies for membership.\nHowever, membership is not refused if the person receives notice of the association’s refusal of the application, but does not receive notice of the reasons for the refusal, within 2 months after the person applies for membership.\n(sec.40-ssec.1) A person who applies for membership of an association is taken to be a member if membership is not refused by the association within 2 months after the person applies for membership.\n(sec.40-ssec.2) A person is refused membership of an association if the association gives the person notice of the refusal and the reasons for the refusal within 2 months after the person applies for membership.\n(sec.40-ssec.3) However, membership is not refused if the person receives notice of the association’s refusal of the application, but does not receive notice of the reasons for the refusal, within 2 months after the person applies for membership.","sortOrder":47},{"sectionNumber":"sec.41","sectionType":"section","heading":"Register of members— Act , s 140","content":"### sec.41 Register of members— Act , s 140\n\nThe register of members of an association must contain the following information—\nthe name and postal address or email address of each member of the association;\nthe date each member of the association became a member;\nfor a person who stops being a member of the association—the date the person stopped being a member.\nIf an association has been formed for a State school, the register of members of the association must also contain 1 of the following for each member of the association who is not a parent of a student attending the school—\nthe member’s date of birth;\na record that the member has stated the member is 18 years or more;\na record by the association’s secretary, or any other person responsible for making entries in the register of members, that the member appears to be 18 years or more.\nIf an association has been formed for an educational institution established under section 14 of the Act , the register of members of the association must also contain 1 of the following for each member of the association who is not a staff member of the institution—\nthe member’s date of birth;\na record that the member has stated the member is 18 years or more;\na record by the association’s secretary, or another person responsible for making entries in the register of members, that the member appears to be 18 years or more.\nThe register of members of an association, other than an interim parents and citizens association, must also contain the following information about a person who is an honorary life member of the association—\nthe date the person was awarded honorary life membership of the association;\nthe basis for the award.\n(sec.41-ssec.1) The register of members of an association must contain the following information— the name and postal address or email address of each member of the association; the date each member of the association became a member; for a person who stops being a member of the association—the date the person stopped being a member.\n(sec.41-ssec.2) If an association has been formed for a State school, the register of members of the association must also contain 1 of the following for each member of the association who is not a parent of a student attending the school— the member’s date of birth; a record that the member has stated the member is 18 years or more; a record by the association’s secretary, or any other person responsible for making entries in the register of members, that the member appears to be 18 years or more.\n(sec.41-ssec.3) If an association has been formed for an educational institution established under section 14 of the Act , the register of members of the association must also contain 1 of the following for each member of the association who is not a staff member of the institution— the member’s date of birth; a record that the member has stated the member is 18 years or more; a record by the association’s secretary, or another person responsible for making entries in the register of members, that the member appears to be 18 years or more.\n(sec.41-ssec.4) The register of members of an association, other than an interim parents and citizens association, must also contain the following information about a person who is an honorary life member of the association— the date the person was awarded honorary life membership of the association; the basis for the award.\n- (a) the name and postal address or email address of each member of the association;\n- (b) the date each member of the association became a member;\n- (c) for a person who stops being a member of the association—the date the person stopped being a member.\n- (a) the member’s date of birth;\n- (b) a record that the member has stated the member is 18 years or more;\n- (c) a record by the association’s secretary, or any other person responsible for making entries in the register of members, that the member appears to be 18 years or more.\n- (a) the member’s date of birth;\n- (b) a record that the member has stated the member is 18 years or more;\n- (c) a record by the association’s secretary, or another person responsible for making entries in the register of members, that the member appears to be 18 years or more.\n- (a) the date the person was awarded honorary life membership of the association;\n- (b) the basis for the award.","sortOrder":48},{"sectionNumber":"sec.42","sectionType":"section","heading":"Election of officers— Act , s 123","content":"### sec.42 Election of officers— Act , s 123\n\nAt each annual general meeting of an association, members of the association at the meeting must elect officers of the association.\nAn officer may only be elected as follows—\nany 2 members (the nominating members ) may nominate any other member (the candidate ) to be the officer;\nthe nomination may be made—\nat the annual general meeting; or\nif the candidate can not be at the annual general meeting, by giving the secretary, before the meeting, a nomination in writing signed by the nominating members and the candidate;\nif there is only 1 nomination for the office—the candidate is elected to the office if the candidate receives the votes of a majority of the members at the meeting;\nif there is more than 1 nomination for the office—\nif 1 candidate receives the most votes, the candidate is elected to the office; or\nif 2 or more candidates each receive an equal number of votes, that are more than those received by any other single candidate, the candidate elected to the office must be decided, at the meeting, by lot between the 2 or more candidates; or\nif each candidate receives an equal number of votes, the candidate elected to the office must be decided, at the meeting, by lot between all candidates.\nA retiring officer of the association is eligible for re-election.\nAn election to fill a casual vacancy in the office of an officer of an association may be held at a general meeting of the association.\n(sec.42-ssec.1) At each annual general meeting of an association, members of the association at the meeting must elect officers of the association.\n(sec.42-ssec.2) An officer may only be elected as follows— any 2 members (the nominating members ) may nominate any other member (the candidate ) to be the officer; the nomination may be made— at the annual general meeting; or if the candidate can not be at the annual general meeting, by giving the secretary, before the meeting, a nomination in writing signed by the nominating members and the candidate; if there is only 1 nomination for the office—the candidate is elected to the office if the candidate receives the votes of a majority of the members at the meeting; if there is more than 1 nomination for the office— if 1 candidate receives the most votes, the candidate is elected to the office; or if 2 or more candidates each receive an equal number of votes, that are more than those received by any other single candidate, the candidate elected to the office must be decided, at the meeting, by lot between the 2 or more candidates; or if each candidate receives an equal number of votes, the candidate elected to the office must be decided, at the meeting, by lot between all candidates.\n(sec.42-ssec.3) A retiring officer of the association is eligible for re-election.\n(sec.42-ssec.4) An election to fill a casual vacancy in the office of an officer of an association may be held at a general meeting of the association.\n- (a) any 2 members (the nominating members ) may nominate any other member (the candidate ) to be the officer;\n- (b) the nomination may be made— (i) at the annual general meeting; or (ii) if the candidate can not be at the annual general meeting, by giving the secretary, before the meeting, a nomination in writing signed by the nominating members and the candidate;\n- (i) at the annual general meeting; or\n- (ii) if the candidate can not be at the annual general meeting, by giving the secretary, before the meeting, a nomination in writing signed by the nominating members and the candidate;\n- (c) if there is only 1 nomination for the office—the candidate is elected to the office if the candidate receives the votes of a majority of the members at the meeting;\n- (d) if there is more than 1 nomination for the office— (i) if 1 candidate receives the most votes, the candidate is elected to the office; or (ii) if 2 or more candidates each receive an equal number of votes, that are more than those received by any other single candidate, the candidate elected to the office must be decided, at the meeting, by lot between the 2 or more candidates; or (iii) if each candidate receives an equal number of votes, the candidate elected to the office must be decided, at the meeting, by lot between all candidates.\n- (i) if 1 candidate receives the most votes, the candidate is elected to the office; or\n- (ii) if 2 or more candidates each receive an equal number of votes, that are more than those received by any other single candidate, the candidate elected to the office must be decided, at the meeting, by lot between the 2 or more candidates; or\n- (iii) if each candidate receives an equal number of votes, the candidate elected to the office must be decided, at the meeting, by lot between all candidates.\n- (i) at the annual general meeting; or\n- (ii) if the candidate can not be at the annual general meeting, by giving the secretary, before the meeting, a nomination in writing signed by the nominating members and the candidate;\n- (i) if 1 candidate receives the most votes, the candidate is elected to the office; or\n- (ii) if 2 or more candidates each receive an equal number of votes, that are more than those received by any other single candidate, the candidate elected to the office must be decided, at the meeting, by lot between the 2 or more candidates; or\n- (iii) if each candidate receives an equal number of votes, the candidate elected to the office must be decided, at the meeting, by lot between all candidates.","sortOrder":49},{"sectionNumber":"sec.43","sectionType":"section","heading":"Notice of officers","content":"### sec.43 Notice of officers\n\nAn association’s secretary must give the chief executive notice of the name and postal address or email address of each officer of the association elected—\non formation of the association; or\nat an annual general meeting of the association.\nA notice under subsection (1) must be given as soon as practicable after the day of the election.\n(sec.43-ssec.1) An association’s secretary must give the chief executive notice of the name and postal address or email address of each officer of the association elected— on formation of the association; or at an annual general meeting of the association.\n(sec.43-ssec.2) A notice under subsection (1) must be given as soon as practicable after the day of the election.\n- (a) on formation of the association; or\n- (b) at an annual general meeting of the association.","sortOrder":50},{"sectionNumber":"sec.44","sectionType":"section","heading":"Annual general meeting","content":"### sec.44 Annual general meeting\n\nThe annual general meeting of an association for a year must be held within 3 months after the end of the preceding financial year of the association.\nUnder section 134 of the Act , an association must have a financial year starting on 1 January in a year and ending on 31 December in the year.\nA quorum for an annual general meeting of an association is—\nif the association’s constitution has the effect that less than 10 association members is a quorum for an annual general meeting of the association—the lesser number of association members; or\notherwise—10 association members.\nAn association must follow the order of business stated in the association’s constitution for the conduct of an annual general meeting of the association.\n(sec.44-ssec.1) The annual general meeting of an association for a year must be held within 3 months after the end of the preceding financial year of the association. Under section 134 of the Act , an association must have a financial year starting on 1 January in a year and ending on 31 December in the year.\n(sec.44-ssec.2) A quorum for an annual general meeting of an association is— if the association’s constitution has the effect that less than 10 association members is a quorum for an annual general meeting of the association—the lesser number of association members; or otherwise—10 association members.\n(sec.44-ssec.3) An association must follow the order of business stated in the association’s constitution for the conduct of an annual general meeting of the association.\n- (a) if the association’s constitution has the effect that less than 10 association members is a quorum for an annual general meeting of the association—the lesser number of association members; or\n- (b) otherwise—10 association members.","sortOrder":51},{"sectionNumber":"sec.45","sectionType":"section","heading":"Other meetings","content":"### sec.45 Other meetings\n\nGeneral meetings of an association must be held at least 3 times a semester at the times the association decides.\nSubsection (1) does not apply to an association during the year in which it is formed.\nA quorum for a general meeting of an association is—\nif the association’s constitution has the effect that less than 7 association members is a quorum for a general meeting of the association—the lesser number of association members; or\notherwise—7 association members.\nA quorum for a special meeting of an association is—\nif the association’s constitution has the effect that less than 7 association members is a quorum for a special meeting of the association—the lesser number of association members; or\notherwise—7 association members.\n(sec.45-ssec.1) General meetings of an association must be held at least 3 times a semester at the times the association decides.\n(sec.45-ssec.2) Subsection (1) does not apply to an association during the year in which it is formed.\n(sec.45-ssec.3) A quorum for a general meeting of an association is— if the association’s constitution has the effect that less than 7 association members is a quorum for a general meeting of the association—the lesser number of association members; or otherwise—7 association members.\n(sec.45-ssec.4) A quorum for a special meeting of an association is— if the association’s constitution has the effect that less than 7 association members is a quorum for a special meeting of the association—the lesser number of association members; or otherwise—7 association members.\n- (a) if the association’s constitution has the effect that less than 7 association members is a quorum for a general meeting of the association—the lesser number of association members; or\n- (b) otherwise—7 association members.\n- (a) if the association’s constitution has the effect that less than 7 association members is a quorum for a special meeting of the association—the lesser number of association members; or\n- (b) otherwise—7 association members.","sortOrder":52},{"sectionNumber":"sec.46","sectionType":"section","heading":"Notice of meetings","content":"### sec.46 Notice of meetings\n\nNotice of an annual general meeting, or special meeting, of an association must be given by the association personally or by post or email to each member of the association—\nfor an annual general meeting—at least 14 days before the day for the meeting; or\nfor a special meeting—at least 7 days before the day for the meeting.\nA resolution passed at an association meeting is not invalid merely because a member of the association did not receive notice of the meeting.\n(sec.46-ssec.1) Notice of an annual general meeting, or special meeting, of an association must be given by the association personally or by post or email to each member of the association— for an annual general meeting—at least 14 days before the day for the meeting; or for a special meeting—at least 7 days before the day for the meeting.\n(sec.46-ssec.2) A resolution passed at an association meeting is not invalid merely because a member of the association did not receive notice of the meeting.\n- (a) for an annual general meeting—at least 14 days before the day for the meeting; or\n- (b) for a special meeting—at least 7 days before the day for the meeting.","sortOrder":53},{"sectionNumber":"sec.47","sectionType":"section","heading":"Audit of association’s accounts— Act , s 135","content":"### sec.47 Audit of association’s accounts— Act , s 135\n\nFor section 135 (1) of the Act , the person auditing the accounts of an association must be—\nappointed to carry out the audit by the association at an annual general meeting or special meeting of the association; and\na suitably qualified person; and\nto the extent practicable, a member of the local community aware of the activities of the association.\nHowever, if the person is a member of the association, the person may audit the association’s accounts only with the approval of the chief executive.\nThe person must examine records of collections and payments, cashbooks, minutes of meetings and other records of the association the person considers appropriate.\nAlso, the person must verify with financial institutions with which the association has accounts (the financial accounts ) the financial balance held or owing at the end of the relevant financial year, so as to be able to certify whether or not in the person’s opinion—\nthe association’s financial statements are—\nin agreement with the financial accounts; and\nin a form that complies with the chief executive’s requirements for the keeping of accounts by an association; and\nthe financial statements have been prepared to present a true and fair view of the association’s transactions for the relevant financial year, and the association’s financial position at the end of that year, on a basis consistent with the basis for preparing the association’s financial statements for the preceding financial year.\nIn this section—\npublic sector entity see the Auditor-General Act 2009 , schedule .\nsuitably qualified person means any of the following persons—\na member of CPA Australia Ltd ACN 008 392 452 entitled to use the letters ‘CPA’ or ‘FCPA’;\na member of Chartered Accountants Australia and New Zealand ARBN 084 642 571 entitled to use the letters ‘CA’ or ‘FCA’;\na member of the Institute of Public Accountants Ltd ACN 004 130 643 entitled to use the letters ‘MIPA’ or ‘FIPA’;\nan employee of a public sector entity who has the commercial skills and experience to audit the accounts of an association;\nan employee of an insurance company, financial institution or other financial or commercial organisation who has the commercial skills and experience to audit the accounts of an association.\ns 47 amd 2019 SL No. 170 s 4\n(sec.47-ssec.1) For section 135 (1) of the Act , the person auditing the accounts of an association must be— appointed to carry out the audit by the association at an annual general meeting or special meeting of the association; and a suitably qualified person; and to the extent practicable, a member of the local community aware of the activities of the association.\n(sec.47-ssec.2) However, if the person is a member of the association, the person may audit the association’s accounts only with the approval of the chief executive.\n(sec.47-ssec.3) The person must examine records of collections and payments, cashbooks, minutes of meetings and other records of the association the person considers appropriate.\n(sec.47-ssec.4) Also, the person must verify with financial institutions with which the association has accounts (the financial accounts ) the financial balance held or owing at the end of the relevant financial year, so as to be able to certify whether or not in the person’s opinion— the association’s financial statements are— in agreement with the financial accounts; and in a form that complies with the chief executive’s requirements for the keeping of accounts by an association; and the financial statements have been prepared to present a true and fair view of the association’s transactions for the relevant financial year, and the association’s financial position at the end of that year, on a basis consistent with the basis for preparing the association’s financial statements for the preceding financial year.\n(sec.47-ssec.5) In this section— public sector entity see the Auditor-General Act 2009 , schedule . suitably qualified person means any of the following persons— a member of CPA Australia Ltd ACN 008 392 452 entitled to use the letters ‘CPA’ or ‘FCPA’; a member of Chartered Accountants Australia and New Zealand ARBN 084 642 571 entitled to use the letters ‘CA’ or ‘FCA’; a member of the Institute of Public Accountants Ltd ACN 004 130 643 entitled to use the letters ‘MIPA’ or ‘FIPA’; an employee of a public sector entity who has the commercial skills and experience to audit the accounts of an association; an employee of an insurance company, financial institution or other financial or commercial organisation who has the commercial skills and experience to audit the accounts of an association.\n- (a) appointed to carry out the audit by the association at an annual general meeting or special meeting of the association; and\n- (b) a suitably qualified person; and\n- (c) to the extent practicable, a member of the local community aware of the activities of the association.\n- (a) the association’s financial statements are— (i) in agreement with the financial accounts; and (ii) in a form that complies with the chief executive’s requirements for the keeping of accounts by an association; and\n- (i) in agreement with the financial accounts; and\n- (ii) in a form that complies with the chief executive’s requirements for the keeping of accounts by an association; and\n- (b) the financial statements have been prepared to present a true and fair view of the association’s transactions for the relevant financial year, and the association’s financial position at the end of that year, on a basis consistent with the basis for preparing the association’s financial statements for the preceding financial year.\n- (i) in agreement with the financial accounts; and\n- (ii) in a form that complies with the chief executive’s requirements for the keeping of accounts by an association; and\n- (a) a member of CPA Australia Ltd ACN 008 392 452 entitled to use the letters ‘CPA’ or ‘FCPA’;\n- (b) a member of Chartered Accountants Australia and New Zealand ARBN 084 642 571 entitled to use the letters ‘CA’ or ‘FCA’;\n- (c) a member of the Institute of Public Accountants Ltd ACN 004 130 643 entitled to use the letters ‘MIPA’ or ‘FIPA’;\n- (d) an employee of a public sector entity who has the commercial skills and experience to audit the accounts of an association;\n- (e) an employee of an insurance company, financial institution or other financial or commercial organisation who has the commercial skills and experience to audit the accounts of an association.","sortOrder":54},{"sectionNumber":"sec.48","sectionType":"section","heading":"Subcommittees","content":"### sec.48 Subcommittees\n\nAn association may establish the subcommittees it considers appropriate for purposes consistent with the objectives and functions of the association.\nWithout limiting subsection (1) , the association may establish subcommittees for special purposes, including, for example, a swimming club or tuckshop.\nIf an association establishes a subcommittee, the association must appoint particular members of the association to be the chairperson, secretary and, if funds are to be raised or spent by the subcommittee, treasurer of the subcommittee.\nHowever, the chairperson or secretary of a subcommittee established by an association can not be the subcommittee’s treasurer.\nAn association may impose on a subcommittee established by the association the conditions the association considers appropriate.\nA subcommittee established by an association—\nmay only act within the scope of the authority given to the subcommittee by the association; and\nmust follow any direction given by the association to the subcommittee.\nAny funds raised by a subcommittee established by an association are the association’s funds and under the association’s control.\n(sec.48-ssec.1) An association may establish the subcommittees it considers appropriate for purposes consistent with the objectives and functions of the association.\n(sec.48-ssec.2) Without limiting subsection (1) , the association may establish subcommittees for special purposes, including, for example, a swimming club or tuckshop.\n(sec.48-ssec.3) If an association establishes a subcommittee, the association must appoint particular members of the association to be the chairperson, secretary and, if funds are to be raised or spent by the subcommittee, treasurer of the subcommittee.\n(sec.48-ssec.4) However, the chairperson or secretary of a subcommittee established by an association can not be the subcommittee’s treasurer.\n(sec.48-ssec.5) An association may impose on a subcommittee established by the association the conditions the association considers appropriate.\n(sec.48-ssec.6) A subcommittee established by an association— may only act within the scope of the authority given to the subcommittee by the association; and must follow any direction given by the association to the subcommittee.\n(sec.48-ssec.7) Any funds raised by a subcommittee established by an association are the association’s funds and under the association’s control.\n- (a) may only act within the scope of the authority given to the subcommittee by the association; and\n- (b) must follow any direction given by the association to the subcommittee.","sortOrder":55},{"sectionNumber":"sec.49","sectionType":"section","heading":"Dissolution— Act , s 122","content":"### sec.49 Dissolution— Act , s 122\n\nFor section 122 (c) of the Act , an association is dissolved if the question of dissolution is put and resolved in the affirmative on a three-fourths majority vote of its members present and entitled to vote at a special meeting called to consider the question.\nOn the dissolution of an association formed for a State instructional institution, the following must be dealt with by the supervisor of the institution’s principal, as directed by the Minister—\nany property in the name of the association;\nany funds of the association, after payment of any expenses lawfully incurred by the association.\n(sec.49-ssec.1) For section 122 (c) of the Act , an association is dissolved if the question of dissolution is put and resolved in the affirmative on a three-fourths majority vote of its members present and entitled to vote at a special meeting called to consider the question.\n(sec.49-ssec.2) On the dissolution of an association formed for a State instructional institution, the following must be dealt with by the supervisor of the institution’s principal, as directed by the Minister— any property in the name of the association; any funds of the association, after payment of any expenses lawfully incurred by the association.\n- (a) any property in the name of the association;\n- (b) any funds of the association, after payment of any expenses lawfully incurred by the association.","sortOrder":56},{"sectionNumber":"sec.50","sectionType":"section","heading":"Activities","content":"### sec.50 Activities\n\nIf the object of an activity of an association formed for a State instructional institution is, or includes, 1 or more of the following matters, the consent of the chief executive of a department that deals with the matter must be obtained before the activity is carried out—\nthe construction of improvements to the institution’s premises;\nthe addition of a fixture to the institution’s premises;\nthe purchase of furniture for the institution.\n- (a) the construction of improvements to the institution’s premises;\n- (b) the addition of a fixture to the institution’s premises;\n- (c) the purchase of furniture for the institution.","sortOrder":57},{"sectionNumber":"sec.51","sectionType":"section","heading":"Conduct of tuckshop or other amenity","content":"### sec.51 Conduct of tuckshop or other amenity\n\nAn association formed for a State instructional institution may conduct at the institution’s premises a tuckshop or other amenity if the association believes the amenity is likely—\nto help staff members of the institution in their professional duties; or\nto help students of the institution in their studies.\nThe chief executive may, by notice to an association formed for a State instructional institution, order—\nclosure of an amenity conducted by the association, if the chief executive believes the amenity—\nis not helping, or is hindering, staff members of the institution in their professional duties; or\nis not helping, or is hindering, students of the institution in their studies; or\nimmediate closure of an amenity conducted by the association, if the chief executive believes—\nthe amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in paragraph (a) (i) or (ii) ; and\nit is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity.\nA notice ordering closure of an amenity under subsection (2) (a) must state—\nthe day, not less than 28 days after the association receives the notice, on which the amenity must be closed; and\nthe reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2) (a) (i) or (ii) ; and\nthat the association may, under section 52 , within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order closure of the amenity.\nA notice ordering immediate closure of an amenity under subsection (2) (b) must state—\nthat the amenity must be immediately closed; and\nthe reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2) (b) (i) or (ii) ; and\nthe reasons the chief executive believes it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity; and\nthat the association may, under section 52 , within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order immediate closure of the amenity.\nAn association that receives a notice under subsection (2) (a) or (b) must comply with the order in the notice.\nDespite subsection (5) , if an association receives a notice ordering closure of an amenity under subsection (2) (a) and asks the Minister under section 52 to review the chief executive’s decision to order closure of the amenity, the association may continue to conduct the amenity until it receives notice of the Minister’s decision on the review.\n(sec.51-ssec.1) An association formed for a State instructional institution may conduct at the institution’s premises a tuckshop or other amenity if the association believes the amenity is likely— to help staff members of the institution in their professional duties; or to help students of the institution in their studies.\n(sec.51-ssec.2) The chief executive may, by notice to an association formed for a State instructional institution, order— closure of an amenity conducted by the association, if the chief executive believes the amenity— is not helping, or is hindering, staff members of the institution in their professional duties; or is not helping, or is hindering, students of the institution in their studies; or immediate closure of an amenity conducted by the association, if the chief executive believes— the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in paragraph (a) (i) or (ii) ; and it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity.\n(sec.51-ssec.3) A notice ordering closure of an amenity under subsection (2) (a) must state— the day, not less than 28 days after the association receives the notice, on which the amenity must be closed; and the reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2) (a) (i) or (ii) ; and that the association may, under section 52 , within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order closure of the amenity.\n(sec.51-ssec.4) A notice ordering immediate closure of an amenity under subsection (2) (b) must state— that the amenity must be immediately closed; and the reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2) (b) (i) or (ii) ; and the reasons the chief executive believes it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity; and that the association may, under section 52 , within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order immediate closure of the amenity.\n(sec.51-ssec.5) An association that receives a notice under subsection (2) (a) or (b) must comply with the order in the notice.\n(sec.51-ssec.6) Despite subsection (5) , if an association receives a notice ordering closure of an amenity under subsection (2) (a) and asks the Minister under section 52 to review the chief executive’s decision to order closure of the amenity, the association may continue to conduct the amenity until it receives notice of the Minister’s decision on the review.\n- (a) to help staff members of the institution in their professional duties; or\n- (b) to help students of the institution in their studies.\n- (a) closure of an amenity conducted by the association, if the chief executive believes the amenity— (i) is not helping, or is hindering, staff members of the institution in their professional duties; or (ii) is not helping, or is hindering, students of the institution in their studies; or\n- (i) is not helping, or is hindering, staff members of the institution in their professional duties; or\n- (ii) is not helping, or is hindering, students of the institution in their studies; or\n- (b) immediate closure of an amenity conducted by the association, if the chief executive believes— (i) the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in paragraph (a) (i) or (ii) ; and (ii) it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity.\n- (i) the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in paragraph (a) (i) or (ii) ; and\n- (ii) it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity.\n- (i) is not helping, or is hindering, staff members of the institution in their professional duties; or\n- (ii) is not helping, or is hindering, students of the institution in their studies; or\n- (i) the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in paragraph (a) (i) or (ii) ; and\n- (ii) it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity.\n- (a) the day, not less than 28 days after the association receives the notice, on which the amenity must be closed; and\n- (b) the reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2) (a) (i) or (ii) ; and\n- (c) that the association may, under section 52 , within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order closure of the amenity.\n- (a) that the amenity must be immediately closed; and\n- (b) the reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2) (b) (i) or (ii) ; and\n- (c) the reasons the chief executive believes it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity; and\n- (d) that the association may, under section 52 , within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order immediate closure of the amenity.","sortOrder":58},{"sectionNumber":"sec.52","sectionType":"section","heading":"Minister to review decision to order closure of amenity or order immediate closure of amenity","content":"### sec.52 Minister to review decision to order closure of amenity or order immediate closure of amenity\n\nThis section applies if the chief executive gives an association a notice—\nunder section 51 (2) (a) ordering closure of an amenity conducted by the association; or\nunder section 51 (2) (b) ordering immediate closure of an amenity conducted by the association.\nThe association may, within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order closure of the amenity, or order immediate closure of the amenity, by giving the Minister a notice stating the grounds for the review.\nIf the association asks under subsection (2) for a review of the chief executive’s decision, the Minister must as soon as practicable—\nreview the decision; and\ndecide to affirm or set aside the decision; and\ngive a notice to the association stating—\nthe Minister’s decision and the reasons for it; and\nif the chief executive’s notice was given under section 51 (2) (a) and the Minister affirms the chief executive’s decision and the amenity has not been closed—a reasonable time (the stated time ) within which the amenity must be closed.\nAn association that receives a notice under subsection (3) (c) (ii) must comply with the notice.\n(sec.52-ssec.1) This section applies if the chief executive gives an association a notice— under section 51 (2) (a) ordering closure of an amenity conducted by the association; or under section 51 (2) (b) ordering immediate closure of an amenity conducted by the association.\n(sec.52-ssec.2) The association may, within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order closure of the amenity, or order immediate closure of the amenity, by giving the Minister a notice stating the grounds for the review.\n(sec.52-ssec.3) If the association asks under subsection (2) for a review of the chief executive’s decision, the Minister must as soon as practicable— review the decision; and decide to affirm or set aside the decision; and give a notice to the association stating— the Minister’s decision and the reasons for it; and if the chief executive’s notice was given under section 51 (2) (a) and the Minister affirms the chief executive’s decision and the amenity has not been closed—a reasonable time (the stated time ) within which the amenity must be closed.\n(sec.52-ssec.4) An association that receives a notice under subsection (3) (c) (ii) must comply with the notice.\n- (a) under section 51 (2) (a) ordering closure of an amenity conducted by the association; or\n- (b) under section 51 (2) (b) ordering immediate closure of an amenity conducted by the association.\n- (a) review the decision; and\n- (b) decide to affirm or set aside the decision; and\n- (c) give a notice to the association stating— (i) the Minister’s decision and the reasons for it; and (ii) if the chief executive’s notice was given under section 51 (2) (a) and the Minister affirms the chief executive’s decision and the amenity has not been closed—a reasonable time (the stated time ) within which the amenity must be closed.\n- (i) the Minister’s decision and the reasons for it; and\n- (ii) if the chief executive’s notice was given under section 51 (2) (a) and the Minister affirms the chief executive’s decision and the amenity has not been closed—a reasonable time (the stated time ) within which the amenity must be closed.\n- (i) the Minister’s decision and the reasons for it; and\n- (ii) if the chief executive’s notice was given under section 51 (2) (a) and the Minister affirms the chief executive’s decision and the amenity has not been closed—a reasonable time (the stated time ) within which the amenity must be closed.","sortOrder":59},{"sectionNumber":"pt.7","sectionType":"part","heading":"Dissolution of school council for a State school","content":"# Dissolution of school council for a State school","sortOrder":60},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":61},{"sectionNumber":"sec.53","sectionType":"section","heading":"Purpose of part— Act , s 112","content":"### sec.53 Purpose of part— Act , s 112\n\nThis part prescribes circumstances in which a school council for a State school is dissolved under section 112 (1) (b) of the Act .","sortOrder":62},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Dissolution for noncompliance with a public interest direction","content":"## Dissolution for noncompliance with a public interest direction","sortOrder":63},{"sectionNumber":"sec.54","sectionType":"section","heading":"Minister to give school council a show cause notice","content":"### sec.54 Minister to give school council a show cause notice\n\nThis section applies if the Minister has given a school council a direction under section 116 of the Act (a public interest direction ) and believes the council has not complied with the direction.\nThe Minister must give the council a notice (a show cause notice ) stating the following—\nthe reasons for the Minister’s belief that the council has not complied with the public interest direction;\nif the council does not comply with the public interest direction within a stated period (the show cause period ), the council is liable to be dissolved;\nthe council may make written representations to the Minister within the show cause period to show ( properly made representations )—\nthat the council has complied with the public interest direction; or\nwhy the council should not be dissolved for not complying with the direction.\nThe show cause period must end not less than 28 days after the show cause notice is given to the council.\n(sec.54-ssec.1) This section applies if the Minister has given a school council a direction under section 116 of the Act (a public interest direction ) and believes the council has not complied with the direction.\n(sec.54-ssec.2) The Minister must give the council a notice (a show cause notice ) stating the following— the reasons for the Minister’s belief that the council has not complied with the public interest direction; if the council does not comply with the public interest direction within a stated period (the show cause period ), the council is liable to be dissolved; the council may make written representations to the Minister within the show cause period to show ( properly made representations )— that the council has complied with the public interest direction; or why the council should not be dissolved for not complying with the direction.\n(sec.54-ssec.3) The show cause period must end not less than 28 days after the show cause notice is given to the council.\n- (a) the reasons for the Minister’s belief that the council has not complied with the public interest direction;\n- (b) if the council does not comply with the public interest direction within a stated period (the show cause period ), the council is liable to be dissolved;\n- (c) the council may make written representations to the Minister within the show cause period to show ( properly made representations )— (i) that the council has complied with the public interest direction; or (ii) why the council should not be dissolved for not complying with the direction.\n- (i) that the council has complied with the public interest direction; or\n- (ii) why the council should not be dissolved for not complying with the direction.\n- (i) that the council has complied with the public interest direction; or\n- (ii) why the council should not be dissolved for not complying with the direction.","sortOrder":64},{"sectionNumber":"sec.55","sectionType":"section","heading":"Minister must consider representations","content":"### sec.55 Minister must consider representations\n\nThe Minister must consider any properly made representations about the show cause notice as soon as practicable after receiving the representations.","sortOrder":65},{"sectionNumber":"sec.56","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.56 Ending show cause process without further action\n\nThis section applies if, after considering any properly made representations, the Minister is satisfied—\nthe council has complied with the public interest direction; or\nthe council should not be dissolved for not complying with the direction.\nThe Minister must immediately give the council a notice stating that no further action is to be taken under the show cause notice.\n(sec.56-ssec.1) This section applies if, after considering any properly made representations, the Minister is satisfied— the council has complied with the public interest direction; or the council should not be dissolved for not complying with the direction.\n(sec.56-ssec.2) The Minister must immediately give the council a notice stating that no further action is to be taken under the show cause notice.\n- (a) the council has complied with the public interest direction; or\n- (b) the council should not be dissolved for not complying with the direction.","sortOrder":66},{"sectionNumber":"sec.57","sectionType":"section","heading":"Dissolution of school council","content":"### sec.57 Dissolution of school council\n\nSubsection (2) applies if—\nno properly made representations were made; or\nafter considering any properly made representations, the Minister is satisfied the council should be dissolved for not complying with the public interest direction.\nThe Minister must give the council a notice stating the council is dissolved.\nThe council is dissolved from—\nthe day the council receives the notice; or\nif a later day is stated in the notice—the later day.\n(sec.57-ssec.1) Subsection (2) applies if— no properly made representations were made; or after considering any properly made representations, the Minister is satisfied the council should be dissolved for not complying with the public interest direction.\n(sec.57-ssec.2) The Minister must give the council a notice stating the council is dissolved.\n(sec.57-ssec.3) The council is dissolved from— the day the council receives the notice; or if a later day is stated in the notice—the later day.\n- (a) no properly made representations were made; or\n- (b) after considering any properly made representations, the Minister is satisfied the council should be dissolved for not complying with the public interest direction.\n- (a) the day the council receives the notice; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":67},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"When chief executive may dissolve school council","content":"## When chief executive may dissolve school council","sortOrder":68},{"sectionNumber":"sec.58","sectionType":"section","heading":"Dissolution by chief executive","content":"### sec.58 Dissolution by chief executive\n\nSubject to section 59 , a school council is dissolved if—\nthe chief executive considers—\nthe council is not satisfactorily fulfilling its functions; or\nthe school community generally supports the dissolution of the council; and\nthe chief executive publishes a notice in the gazette stating that the council is dissolved.\nThe council is dissolved from—\nthe day the notice is published in the gazette; or\nif a later day is stated in the notice—the later day.\n(sec.58-ssec.1) Subject to section 59 , a school council is dissolved if— the chief executive considers— the council is not satisfactorily fulfilling its functions; or the school community generally supports the dissolution of the council; and the chief executive publishes a notice in the gazette stating that the council is dissolved.\n(sec.58-ssec.2) The council is dissolved from— the day the notice is published in the gazette; or if a later day is stated in the notice—the later day.\n- (a) the chief executive considers— (i) the council is not satisfactorily fulfilling its functions; or (ii) the school community generally supports the dissolution of the council; and\n- (i) the council is not satisfactorily fulfilling its functions; or\n- (ii) the school community generally supports the dissolution of the council; and\n- (b) the chief executive publishes a notice in the gazette stating that the council is dissolved.\n- (i) the council is not satisfactorily fulfilling its functions; or\n- (ii) the school community generally supports the dissolution of the council; and\n- (a) the day the notice is published in the gazette; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":69},{"sectionNumber":"sec.59","sectionType":"section","heading":"Chief executive to consult and invite representations","content":"### sec.59 Chief executive to consult and invite representations\n\nBefore the chief executive may dissolve, under section 58 , a school council for a State school, the chief executive must comply with this section.\nThe chief executive must consult with each of the following about the proposed dissolution—\nthe council;\nthe school’s principal;\nthe school’s other staff members;\nif there is an association for the school—the association;\nif the school has secondary education students—the secondary education students;\nany other entities the chief executive considers have an interest in the council or its dissolution.\nFor subsection (2) , the chief executive may consult in any way the chief executive considers appropriate, including, for example, by holding a formal meeting.\nThe chief executive must publish in the school’s newsletter a notice—\nstating that the chief executive is considering dissolving the council; and\nstating the reasons for the proposed dissolution; and\ninviting members of the school community to make written representations to the chief executive about the proposed dissolution within a stated time of at least 28 days after the day the notice is published in the school’s newsletter.\nA member of the school community may make written representations to the chief executive about the proposed dissolution within the stated time.\nBefore making a decision about dissolving the school council, the chief executive must consider the chief executive’s consultations under subsection (2) , and any written representations made to the chief executive under subsection (4) (c) , about the proposed dissolution.\n(sec.59-ssec.1) Before the chief executive may dissolve, under section 58 , a school council for a State school, the chief executive must comply with this section.\n(sec.59-ssec.2) The chief executive must consult with each of the following about the proposed dissolution— the council; the school’s principal; the school’s other staff members; if there is an association for the school—the association; if the school has secondary education students—the secondary education students; any other entities the chief executive considers have an interest in the council or its dissolution.\n(sec.59-ssec.3) For subsection (2) , the chief executive may consult in any way the chief executive considers appropriate, including, for example, by holding a formal meeting.\n(sec.59-ssec.4) The chief executive must publish in the school’s newsletter a notice— stating that the chief executive is considering dissolving the council; and stating the reasons for the proposed dissolution; and inviting members of the school community to make written representations to the chief executive about the proposed dissolution within a stated time of at least 28 days after the day the notice is published in the school’s newsletter.\n(sec.59-ssec.5) A member of the school community may make written representations to the chief executive about the proposed dissolution within the stated time.\n(sec.59-ssec.6) Before making a decision about dissolving the school council, the chief executive must consider the chief executive’s consultations under subsection (2) , and any written representations made to the chief executive under subsection (4) (c) , about the proposed dissolution.\n- (a) the council;\n- (b) the school’s principal;\n- (c) the school’s other staff members;\n- (d) if there is an association for the school—the association;\n- (e) if the school has secondary education students—the secondary education students;\n- (f) any other entities the chief executive considers have an interest in the council or its dissolution.\n- (a) stating that the chief executive is considering dissolving the council; and\n- (b) stating the reasons for the proposed dissolution; and\n- (c) inviting members of the school community to make written representations to the chief executive about the proposed dissolution within a stated time of at least 28 days after the day the notice is published in the school’s newsletter.","sortOrder":70},{"sectionNumber":"sec.60","sectionType":"section","heading":"Minister to review decision to dissolve","content":"### sec.60 Minister to review decision to dissolve\n\nThis section applies to a member of the school community (an aggrieved person ) who made written representations, under section 59 (4) (c) , against a proposal to dissolve a school council.\nIf the council is dissolved under section 58 , the aggrieved person may ask the Minister to review the chief executive’s decision that led to the dissolution.\nThe aggrieved person must give the Minister a notice stating the grounds for the review within 28 days after notice of the council’s dissolution is published in the gazette under section 58 (1) (b) .\nThe Minister must as soon as practicable after receiving the notice—\nreview the chief executive’s decision; and\ndecide to affirm or set aside the chief executive’s decision; and\ngive notice to the aggrieved person about the Minister’s decision and the reasons for it.\nIf the Minister decides to set aside the chief executive’s decision—\nthe council is taken not to have been dissolved; and\nthe Minister must, as soon as practicable after making the decision, publish a notice in the gazette stating—\nthe decision to dissolve the council has been set aside; and\nthe council is taken not to have been dissolved.\n(sec.60-ssec.1) This section applies to a member of the school community (an aggrieved person ) who made written representations, under section 59 (4) (c) , against a proposal to dissolve a school council.\n(sec.60-ssec.2) If the council is dissolved under section 58 , the aggrieved person may ask the Minister to review the chief executive’s decision that led to the dissolution.\n(sec.60-ssec.3) The aggrieved person must give the Minister a notice stating the grounds for the review within 28 days after notice of the council’s dissolution is published in the gazette under section 58 (1) (b) .\n(sec.60-ssec.4) The Minister must as soon as practicable after receiving the notice— review the chief executive’s decision; and decide to affirm or set aside the chief executive’s decision; and give notice to the aggrieved person about the Minister’s decision and the reasons for it.\n(sec.60-ssec.5) If the Minister decides to set aside the chief executive’s decision— the council is taken not to have been dissolved; and the Minister must, as soon as practicable after making the decision, publish a notice in the gazette stating— the decision to dissolve the council has been set aside; and the council is taken not to have been dissolved.\n- (a) review the chief executive’s decision; and\n- (b) decide to affirm or set aside the chief executive’s decision; and\n- (c) give notice to the aggrieved person about the Minister’s decision and the reasons for it.\n- (a) the council is taken not to have been dissolved; and\n- (b) the Minister must, as soon as practicable after making the decision, publish a notice in the gazette stating— (i) the decision to dissolve the council has been set aside; and (ii) the council is taken not to have been dissolved.\n- (i) the decision to dissolve the council has been set aside; and\n- (ii) the council is taken not to have been dissolved.\n- (i) the decision to dissolve the council has been set aside; and\n- (ii) the council is taken not to have been dissolved.","sortOrder":71},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":72},{"sectionNumber":"sec.61","sectionType":"section","heading":"Financial data for non-State school— Act , s 370","content":"### sec.61 Financial data for non-State school— Act , s 370\n\nFor section 370 (2) of the Act , the day prescribed is 30 June of each year.","sortOrder":73},{"sectionNumber":"sec.62","sectionType":"section","heading":"Report about State school student, or former State school student, for particular proceedings or in particular circumstances","content":"### sec.62 Report about State school student, or former State school student, for particular proceedings or in particular circumstances\n\nThe chief executive may give a person a report about a State school student, or former State school student, only—\nif authorised by a court or tribunal for particular proceedings; or\nif the student is a child, with the consent of a parent of the child; or\nif the student is an adult, with the consent of the student; or\nif required or permitted by an Act or another law.\nHowever, the chief executive may give a person a report about a State school student, or former State school student, without the consent required under subsection (1) (b) or (c) if the chief executive is satisfied—\neither—\nthe person requesting the report has a sufficient interest in the subject matter of the proposed report; or\nif the person requesting the report is a professional person acting for a client of the professional person—the client has a sufficient interest in the subject matter of the proposed report; and\neither—\nthe proposed report is not detrimental to the student; or\ndespite the proposed report being detrimental to the student, on balance, the public interest is better served by the report being given.\nSubsection (1) does not apply to the giving of a report about a State school student, or former State school student, in the course of the administration of the school.\nOn giving a person a report under subsection (1) (b) , (c) or (d) , the person must pay the fee mentioned in schedule 1 for preparation of the report.\nHowever, the chief executive may waive, entirely or partly, payment of the fee if the chief executive is satisfied payment of the fee would cause financial hardship to the person.\n(sec.62-ssec.1) The chief executive may give a person a report about a State school student, or former State school student, only— if authorised by a court or tribunal for particular proceedings; or if the student is a child, with the consent of a parent of the child; or if the student is an adult, with the consent of the student; or if required or permitted by an Act or another law.\n(sec.62-ssec.2) However, the chief executive may give a person a report about a State school student, or former State school student, without the consent required under subsection (1) (b) or (c) if the chief executive is satisfied— either— the person requesting the report has a sufficient interest in the subject matter of the proposed report; or if the person requesting the report is a professional person acting for a client of the professional person—the client has a sufficient interest in the subject matter of the proposed report; and either— the proposed report is not detrimental to the student; or despite the proposed report being detrimental to the student, on balance, the public interest is better served by the report being given.\n(sec.62-ssec.3) Subsection (1) does not apply to the giving of a report about a State school student, or former State school student, in the course of the administration of the school.\n(sec.62-ssec.4) On giving a person a report under subsection (1) (b) , (c) or (d) , the person must pay the fee mentioned in schedule 1 for preparation of the report.\n(sec.62-ssec.5) However, the chief executive may waive, entirely or partly, payment of the fee if the chief executive is satisfied payment of the fee would cause financial hardship to the person.\n- (a) if authorised by a court or tribunal for particular proceedings; or\n- (b) if the student is a child, with the consent of a parent of the child; or\n- (c) if the student is an adult, with the consent of the student; or\n- (d) if required or permitted by an Act or another law.\n- (a) either— (i) the person requesting the report has a sufficient interest in the subject matter of the proposed report; or (ii) if the person requesting the report is a professional person acting for a client of the professional person—the client has a sufficient interest in the subject matter of the proposed report; and\n- (i) the person requesting the report has a sufficient interest in the subject matter of the proposed report; or\n- (ii) if the person requesting the report is a professional person acting for a client of the professional person—the client has a sufficient interest in the subject matter of the proposed report; and\n- (b) either— (i) the proposed report is not detrimental to the student; or (ii) despite the proposed report being detrimental to the student, on balance, the public interest is better served by the report being given.\n- (i) the proposed report is not detrimental to the student; or\n- (ii) despite the proposed report being detrimental to the student, on balance, the public interest is better served by the report being given.\n- (i) the person requesting the report has a sufficient interest in the subject matter of the proposed report; or\n- (ii) if the person requesting the report is a professional person acting for a client of the professional person—the client has a sufficient interest in the subject matter of the proposed report; and\n- (i) the proposed report is not detrimental to the student; or\n- (ii) despite the proposed report being detrimental to the student, on balance, the public interest is better served by the report being given.","sortOrder":74},{"sectionNumber":"sec.63","sectionType":"section","heading":"Overseas students—enrolment at State school","content":"### sec.63 Overseas students—enrolment at State school\n\nThis section applies if, under the Education Services for Overseas Students Act 2000 (Cwlth) —\na registered provider for a course for a location that is a State school gives an overseas student a confirmation of enrolment in relation to the course; and\nthe confirmation of enrolment is given in relation to the overseas student’s acceptance for enrolment in the course.\nThe overseas student is taken to be—\nenrolled in the State school; and\na student of the State school.\nTo remove any doubt, it is declared that—\nthis section states the entire process to obtain the enrolment in the State school; and\nthis section, not chapter 8 of the Act , must be used to obtain the enrolment in the State school.\nEach of the following terms used in subsection (1) has the meaning it has under the Education Services for Overseas Students Act 2000 (Cwlth) —\nconfirmation of enrolment\ncourse\noverseas student\nregistered provider\nUnder the Acts Interpretation Act 1954 , section 7 a reference to a provision of a law, including a law of the Commonwealth, includes a reference to the statutory instruments made or in force under the provision.\n(sec.63-ssec.1) This section applies if, under the Education Services for Overseas Students Act 2000 (Cwlth) — a registered provider for a course for a location that is a State school gives an overseas student a confirmation of enrolment in relation to the course; and the confirmation of enrolment is given in relation to the overseas student’s acceptance for enrolment in the course.\n(sec.63-ssec.2) The overseas student is taken to be— enrolled in the State school; and a student of the State school.\n(sec.63-ssec.3) To remove any doubt, it is declared that— this section states the entire process to obtain the enrolment in the State school; and this section, not chapter 8 of the Act , must be used to obtain the enrolment in the State school.\n(sec.63-ssec.4) Each of the following terms used in subsection (1) has the meaning it has under the Education Services for Overseas Students Act 2000 (Cwlth) — confirmation of enrolment course overseas student registered provider Under the Acts Interpretation Act 1954 , section 7 a reference to a provision of a law, including a law of the Commonwealth, includes a reference to the statutory instruments made or in force under the provision.\n- (a) a registered provider for a course for a location that is a State school gives an overseas student a confirmation of enrolment in relation to the course; and\n- (b) the confirmation of enrolment is given in relation to the overseas student’s acceptance for enrolment in the course.\n- (a) enrolled in the State school; and\n- (b) a student of the State school.\n- (a) this section states the entire process to obtain the enrolment in the State school; and\n- (b) this section, not chapter 8 of the Act , must be used to obtain the enrolment in the State school.\n- • confirmation of enrolment\n- • course\n- • overseas student\n- • registered provider Note— Under the Acts Interpretation Act 1954 , section 7 a reference to a provision of a law, including a law of the Commonwealth, includes a reference to the statutory instruments made or in force under the provision.","sortOrder":75},{"sectionNumber":"sec.64","sectionType":"section","heading":"Student vacations","content":"### sec.64 Student vacations\n\nThe Minister must approve the days for student vacations for State schools.\nThe days approved by the Minister must be published on the department’s website.\n(sec.64-ssec.1) The Minister must approve the days for student vacations for State schools.\n(sec.64-ssec.2) The days approved by the Minister must be published on the department’s website.","sortOrder":76},{"sectionNumber":"sec.65","sectionType":"section","heading":"Holidays","content":"### sec.65 Holidays\n\nA student of a State school is not required to attend the school on the following days—\na public holiday;\nan appointed student holiday for the school.\nIn this section—\nappointed student holiday , for a State school, means—\na day designated by the Minister as being a holiday for students of the school; or\na day designated by the Minister as being a holiday for students of all State schools; or\na day designated by the Minister as being a holiday for students of all State schools whose premises are located within a particular region of Queensland if the school’s premises are located within the region.\n(sec.65-ssec.1) A student of a State school is not required to attend the school on the following days— a public holiday; an appointed student holiday for the school.\n(sec.65-ssec.2) In this section— appointed student holiday , for a State school, means— a day designated by the Minister as being a holiday for students of the school; or a day designated by the Minister as being a holiday for students of all State schools; or a day designated by the Minister as being a holiday for students of all State schools whose premises are located within a particular region of Queensland if the school’s premises are located within the region.\n- (a) a public holiday;\n- (b) an appointed student holiday for the school.\n- (a) a day designated by the Minister as being a holiday for students of the school; or\n- (b) a day designated by the Minister as being a holiday for students of all State schools; or\n- (c) a day designated by the Minister as being a holiday for students of all State schools whose premises are located within a particular region of Queensland if the school’s premises are located within the region.","sortOrder":77},{"sectionNumber":"sec.66","sectionType":"section","heading":"Policy about sale of particular items at premises of State instructional institution","content":"### sec.66 Policy about sale of particular items at premises of State instructional institution\n\nThe chief executive may make a policy about the sale of particular items, including, for example, food and drink, at the premises of a State instructional institution.\nThe principal of a State instructional institution must comply with the policy.\nThe chief executive must—\npublish the policy on the department’s website; and\nkeep a copy of the policy available for inspection by the public at the head office of the department during ordinary office hours on business days.\nA person may, without payment of a fee, obtain a copy of the policy from the chief executive.\nIn this section—\nsale includes offering for sale.\n(sec.66-ssec.1) The chief executive may make a policy about the sale of particular items, including, for example, food and drink, at the premises of a State instructional institution.\n(sec.66-ssec.2) The principal of a State instructional institution must comply with the policy.\n(sec.66-ssec.3) The chief executive must— publish the policy on the department’s website; and keep a copy of the policy available for inspection by the public at the head office of the department during ordinary office hours on business days.\n(sec.66-ssec.4) A person may, without payment of a fee, obtain a copy of the policy from the chief executive.\n(sec.66-ssec.5) In this section— sale includes offering for sale.\n- (a) publish the policy on the department’s website; and\n- (b) keep a copy of the policy available for inspection by the public at the head office of the department during ordinary office hours on business days.","sortOrder":78},{"sectionNumber":"sec.67","sectionType":"section","heading":"Prohibition relating to distributing non-education documents at premises of State instructional institution","content":"### sec.67 Prohibition relating to distributing non-education documents at premises of State instructional institution\n\nA person must not distribute a non-education document at the premises of a State instructional institution without the permission of the institution’s principal.\nMaximum penalty—10 penalty units.\nSubsection (1) does not apply to a religious instructor if the document is a publication of a religious denomination or society distributed by the instructor as part of religious instruction.\nIn this section—\nnon-education document means a document other than a document used in delivering an educational program to students of a State instructional institution.\n(sec.67-ssec.1) A person must not distribute a non-education document at the premises of a State instructional institution without the permission of the institution’s principal. Maximum penalty—10 penalty units.\n(sec.67-ssec.2) Subsection (1) does not apply to a religious instructor if the document is a publication of a religious denomination or society distributed by the instructor as part of religious instruction.\n(sec.67-ssec.3) In this section— non-education document means a document other than a document used in delivering an educational program to students of a State instructional institution.","sortOrder":79},{"sectionNumber":"sec.68","sectionType":"section","heading":"Report about sexual abuse— Act , ss 365 and 366","content":"### sec.68 Report about sexual abuse— Act , ss 365 and 366\n\nA report under section 365 (3) or 366 (3) of the Act must include the following particulars—\nthe name of the person giving the report (the first person );\nthe student’s name and sex;\ndetails of the basis for the first person becoming aware, or reasonably suspecting, that the student has been sexually abused by another person;\ndetails of the abuse or suspected abuse;\nany of the following information of which the first person is aware—\nthe student’s age;\nthe identity of the person who has sexually abused, or is suspected to have sexually abused, the student;\nthe identity of anyone else who may have information about the abuse or suspected abuse.\n- (a) the name of the person giving the report (the first person );\n- (b) the student’s name and sex;\n- (c) details of the basis for the first person becoming aware, or reasonably suspecting, that the student has been sexually abused by another person;\n- (d) details of the abuse or suspected abuse;\n- (e) any of the following information of which the first person is aware— (i) the student’s age; (ii) the identity of the person who has sexually abused, or is suspected to have sexually abused, the student; (iii) the identity of anyone else who may have information about the abuse or suspected abuse.\n- (i) the student’s age;\n- (ii) the identity of the person who has sexually abused, or is suspected to have sexually abused, the student;\n- (iii) the identity of anyone else who may have information about the abuse or suspected abuse.\n- (i) the student’s age;\n- (ii) the identity of the person who has sexually abused, or is suspected to have sexually abused, the student;\n- (iii) the identity of anyone else who may have information about the abuse or suspected abuse.","sortOrder":80},{"sectionNumber":"sec.69","sectionType":"section","heading":"Report about suspicion of likely sexual abuse— Act , ss 365A and 366A","content":"### sec.69 Report about suspicion of likely sexual abuse— Act , ss 365A and 366A\n\nA report under section 365A (4) or 366A (5) of the Act must include the following particulars—\nthe name of the person giving the report (the first person );\nthe student’s name and sex;\ndetails of the basis for the first person reasonably suspecting that the student is likely to be sexually abused by another person;\nany of the following information of which the first person is aware—\nthe student’s age;\nthe identity of the person who is suspected to be likely to sexually abuse the student;\nthe identity of anyone else who may have information about the suspected likelihood of abuse.\n- (a) the name of the person giving the report (the first person );\n- (b) the student’s name and sex;\n- (c) details of the basis for the first person reasonably suspecting that the student is likely to be sexually abused by another person;\n- (d) any of the following information of which the first person is aware— (i) the student’s age; (ii) the identity of the person who is suspected to be likely to sexually abuse the student; (iii) the identity of anyone else who may have information about the suspected likelihood of abuse.\n- (i) the student’s age;\n- (ii) the identity of the person who is suspected to be likely to sexually abuse the student;\n- (iii) the identity of anyone else who may have information about the suspected likelihood of abuse.\n- (i) the student’s age;\n- (ii) the identity of the person who is suspected to be likely to sexually abuse the student;\n- (iii) the identity of anyone else who may have information about the suspected likelihood of abuse.","sortOrder":81},{"sectionNumber":"sec.70","sectionType":"section","heading":"Fee for distance education— Act , s 52","content":"### sec.70 Fee for distance education— Act , s 52\n\nThe fee mentioned in schedule 2 for the provision of distance education to a person mentioned in schedule 2 is prescribed for section 52 (2) of the Act .","sortOrder":82},{"sectionNumber":"sec.71","sectionType":"section","heading":"Refund of part of fee paid for distance education— Act , s 434","content":"### sec.71 Refund of part of fee paid for distance education— Act , s 434\n\nThis section applies if, because of a change in the personal circumstances of a person for whom a fee mentioned in section 52 (2) of the Act was paid in relation to the person’s enrolment for a school year, the person is—\nno longer enrolled in a program of distance education at a State school; or\nno longer enrolled to undertake a component of a program of distance education at a State school.\nThe person or, if another person paid the fee, the other person, may apply to the chief executive for a refund of part of the fee.\nThe application is not for a stated amount of refund. See subsections (5) and (6) for how to calculate a refund payable under this section.\nThe application must—\nbe made in writing before the end of semester 1 of the school year to which the fee relates; and\ngive details of the change in the person’s personal circumstances.\na change in the person’s residence because of a transfer in the employment of a parent of the person\nThe chief executive may refund part of the fee if the chief executive is satisfied it is appropriate and reasonable to do so because of the change in the person’s personal circumstances.\nIf the chief executive decides to refund part of the fee, the chief executive must calculate the refund payable in accordance with the departmental policy for calculating the refund published on the department’s website.\nFor calculating the refund, the person’s enrolment in, or enrolment to undertake a component of, the program of distance education is taken to have ended on the day the application was made.\n(sec.71-ssec.1) This section applies if, because of a change in the personal circumstances of a person for whom a fee mentioned in section 52 (2) of the Act was paid in relation to the person’s enrolment for a school year, the person is— no longer enrolled in a program of distance education at a State school; or no longer enrolled to undertake a component of a program of distance education at a State school.\n(sec.71-ssec.2) The person or, if another person paid the fee, the other person, may apply to the chief executive for a refund of part of the fee. The application is not for a stated amount of refund. See subsections (5) and (6) for how to calculate a refund payable under this section.\n(sec.71-ssec.3) The application must— be made in writing before the end of semester 1 of the school year to which the fee relates; and give details of the change in the person’s personal circumstances. a change in the person’s residence because of a transfer in the employment of a parent of the person\n(sec.71-ssec.4) The chief executive may refund part of the fee if the chief executive is satisfied it is appropriate and reasonable to do so because of the change in the person’s personal circumstances.\n(sec.71-ssec.5) If the chief executive decides to refund part of the fee, the chief executive must calculate the refund payable in accordance with the departmental policy for calculating the refund published on the department’s website.\n(sec.71-ssec.6) For calculating the refund, the person’s enrolment in, or enrolment to undertake a component of, the program of distance education is taken to have ended on the day the application was made.\n- (a) no longer enrolled in a program of distance education at a State school; or\n- (b) no longer enrolled to undertake a component of a program of distance education at a State school.\n- (a) be made in writing before the end of semester 1 of the school year to which the fee relates; and\n- (b) give details of the change in the person’s personal circumstances. Example of a change in personal circumstances— a change in the person’s residence because of a transfer in the employment of a parent of the person","sortOrder":83},{"sectionNumber":"sec.72","sectionType":"section","heading":"Refused application for refund of part of fee for distance education","content":"### sec.72 Refused application for refund of part of fee for distance education\n\nIf the chief executive decides not to grant an application made under section 71 , the chief executive must give the applicant notice of the decision and the reasons for it.\nThe applicant may, within 14 days after the notice is given, apply to the chief executive for a reconsideration of the decision.\nUnless the chief executive made the decision personally, the chief executive must ensure the decision is not reconsidered by—\nthe person who made the decision; or\na person in a less senior office in the department than the person who made the decision.\n(sec.72-ssec.1) If the chief executive decides not to grant an application made under section 71 , the chief executive must give the applicant notice of the decision and the reasons for it.\n(sec.72-ssec.2) The applicant may, within 14 days after the notice is given, apply to the chief executive for a reconsideration of the decision.\n(sec.72-ssec.3) Unless the chief executive made the decision personally, the chief executive must ensure the decision is not reconsidered by— the person who made the decision; or a person in a less senior office in the department than the person who made the decision.\n- (a) the person who made the decision; or\n- (b) a person in a less senior office in the department than the person who made the decision.","sortOrder":84},{"sectionNumber":"sec.73","sectionType":"section","heading":"Fee for specialised educational programs— Act , s 55","content":"### sec.73 Fee for specialised educational programs— Act , s 55\n\nFor section 55 (1) of the Act , each specialised educational program mentioned in schedule 3 , column 1 is prescribed.\nFor section 55 (2) of the Act , the fee prescribed for a specialised educational program is the fee mentioned in schedule 3 , column 2 for the program.\n(sec.73-ssec.1) For section 55 (1) of the Act , each specialised educational program mentioned in schedule 3 , column 1 is prescribed.\n(sec.73-ssec.2) For section 55 (2) of the Act , the fee prescribed for a specialised educational program is the fee mentioned in schedule 3 , column 2 for the program.","sortOrder":85},{"sectionNumber":"sec.74","sectionType":"section","heading":"Prescribed State schools— Act , s 419A","content":"### sec.74 Prescribed State schools— Act , s 419A\n\nEach State school mentioned in schedule 4 is prescribed for section 419A (5) of the Act , definition prescribed State school , paragraph (b) .","sortOrder":86},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 om 2018 SL No. 141 s 6","sortOrder":87},{"sectionNumber":"sec.76","sectionType":"section","heading":"Fee for criminal history check for application for enrolment as mature age student— Act , s 155B","content":"### sec.76 Fee for criminal history check for application for enrolment as mature age student— Act , s 155B\n\nFor section 155B (1) (b) of the Act , the fee mentioned in schedule 5 is prescribed.\nHowever, the chief executive may waive, entirely or partly, payment of the fee if the chief executive is satisfied payment of the fee would cause financial hardship to the person liable to pay the fee.\n(sec.76-ssec.1) For section 155B (1) (b) of the Act , the fee mentioned in schedule 5 is prescribed.\n(sec.76-ssec.2) However, the chief executive may waive, entirely or partly, payment of the fee if the chief executive is satisfied payment of the fee would cause financial hardship to the person liable to pay the fee.","sortOrder":88},{"sectionNumber":"pt.9","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":89},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":90},{"sectionNumber":"sec.77","sectionType":"section","heading":"Repeal","content":"### sec.77 Repeal\n\nThe Education (General Provisions) Regulation 2006 , SL No. 246 is repealed.\n(sec.77-ssec) The Education (General Provisions) Regulation 2006 , SL No. 246 is repealed.","sortOrder":91},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Transitional provision for SL No. 161 of 2017","content":"## Transitional provision for SL No. 161 of 2017","sortOrder":92},{"sectionNumber":"sec.78","sectionType":"section","heading":"Undecided application by overseas student or intending overseas student for approval to enrol in particular course","content":"### sec.78 Undecided application by overseas student or intending overseas student for approval to enrol in particular course\n\nThis section applies to an application—\nmade, before the commencement, under section 63 of the repealed regulation, by an overseas student, or intending overseas student, for approval to enrol in an approved course offered at a State school; and\nnot decided before the commencement.\nSection 63 of the repealed regulation continues to apply in relation to the application as if this regulation had not been made and the repealed regulation were still in force.\nIn this section—\nrepealed regulation means the repealed Education (General Provisions) Regulation 2006 as in force immediately before the commencement.\n(sec.78-ssec.1) This section applies to an application— made, before the commencement, under section 63 of the repealed regulation, by an overseas student, or intending overseas student, for approval to enrol in an approved course offered at a State school; and not decided before the commencement.\n(sec.78-ssec.2) Section 63 of the repealed regulation continues to apply in relation to the application as if this regulation had not been made and the repealed regulation were still in force.\n(sec.78-ssec.3) In this section— repealed regulation means the repealed Education (General Provisions) Regulation 2006 as in force immediately before the commencement.\n- (a) made, before the commencement, under section 63 of the repealed regulation, by an overseas student, or intending overseas student, for approval to enrol in an approved course offered at a State school; and\n- (b) not decided before the commencement.","sortOrder":93},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Transitional provision for Education (General Provisions) (Audit Requirements) Amendment Regulation 2019","content":"## Transitional provision for Education (General Provisions) (Audit Requirements) Amendment Regulation 2019","sortOrder":94},{"sectionNumber":"sec.79","sectionType":"section","heading":"Auditors appointed before commencement","content":"### sec.79 Auditors appointed before commencement\n\nThis section applies in relation to a person auditing the accounts of an association under section 47 from the commencement.\nIt does not matter that the person was appointed before the commencement if the person otherwise satisfies the requirements mentioned in section 47(1).\ns 79 ins 2019 SL No. 170 s 8\n(sec.79-ssec.1) This section applies in relation to a person auditing the accounts of an association under section 47 from the commencement.\n(sec.79-ssec.2) It does not matter that the person was appointed before the commencement if the person otherwise satisfies the requirements mentioned in section 47(1).","sortOrder":95}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3321},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This regulation remains within its original scope as operational subordinate legislation supporting the Education (General Provisions) Act 2006. It covers standard education administration (school management, student enrolment, parent associations, fees, and safety reporting). While the 2017 version repeals an earlier 2006 regulation and includes amendments (e.g., updated audit requirements and digital meeting provisions), it has not expanded into unrelated policy areas. The diverse topics (from tuckshops to religious instruction) are all traditional elements of Queensland school governance."},"complexity_factors":["9 Parts with multiple Divisions and 79 sections, covering diverse operational areas from tuckshops to sexual abuse reporting","Extensive cross-referencing to the Education (General Provisions) Act 2006 and other Queensland statutes (Liquor Act 1992, Police Powers and Responsibilities Act 2000, Aboriginal and Torres Strait Islander Communities Act 1984)","Defined terms located in Schedule 6 (dictionary), requiring readers to flip between sections and definitions","Nested conditional logic with multiple exceptions (e.g., enrolment age requirements in section 17 have standard rules, 'however' clauses for younger children, and 'also' clauses for interstate transfers)","Detailed procedural requirements with specific timeframes (28 days for show cause notices, 14 days for AGM notice, 2 months for P&C membership applications) and quorum numbers (sec. 44–45)","Multi-layered decision-making processes (e.g., school council dissolution requires consultation, publication, representation periods, and ministerial review rights under sections 58–60)"],"plain_english_summary":"## What this legislation does\n\nThis is the **Education (General Provisions) Regulation 2017** (Queensland). It is a detailed rule-book that works under the main Education Act to set out the day-to-day operations of Queensland state schools (called \"State instructional institutions\"), and the rights and responsibilities of principals, teachers, parents, and students.\n\n## Who it affects\n\n- **Principals and teachers**: Sets their management duties, staff supervision obligations, and powers.\n- **Students and parents**: Covers enrolment ages, attendance rules, homework, and when parents can be contacted about their children.\n- **Parents and Citizens (P&C) Associations**: Governs how parent bodies are formed, run meetings, conduct elections, handle money, and can be dissolved.\n- **Religious instructors**: Regulates who can teach religion in schools and how.\n- **Overseas students**: Special enrolment rules for international students.\n\n## Key areas covered\n\n### Running the school\n- **Principal's job**: Must manage the school to ensure public money is used properly, keep students safe, monitor academic progress, and define behaviour standards (sec. 4).\n- **Staff duties**: Teachers must do allocated duties, participate in extracurricular activities, and engage in professional development (sec. 7). Principals can require staff to work outside teaching hours for meetings or supervision if reasonable (sec. 6).\n- **Misconduct**: Principals must report suspected staff misconduct to the chief executive (sec. 5).\n\n### Students\n- **Enrolment ages**: \n  - *Prep*: Child must be at least 5 years 6 months by 31 December, with limited exceptions for children who are 5 years 5 months and \"ready\" (sec. 17).\n  - *Years 1-6*: Child must be at least 6 years 6 months by 31 December (sec. 18).\n- **Absences**: Schools must record absences. Parents must explain absences; if not, it's an \"unexplained absence\" and the principal may report it to police or child safety authorities (sec. 20–22).\n- **Property removal**: Principals and staff can temporarily remove items from students if necessary for safety or good order, but must generally return them within a reasonable time (sec. 11–12).\n- **Homework**: Teachers can set homework; principals decide what is reasonable for each year level (sec. 24).\n\n### Parents and Citizens (P&C) Associations\n- **Formation**: Parents elect a president, secretary, treasurer, etc., at a meeting called by the principal (sec. 35). Meetings can be held by video or phone (sec. 35(3)).\n- **Governance**: Must adopt a constitution, hold annual general meetings within 3 months of year-end, and maintain a register of members (sec. 38, 44, 41).\n- **Money**: Funds raised belong to the association. Accounts must be audited by a suitably qualified person (e.g., a CPA or CA) (sec. 47).\n- **Tuckshops**: P&Cs can run tuckshops or other amenities, but the chief executive can order closure if they hinder education or safety (sec. 51).\n- **Dissolution**: Requires a three-fourths majority vote. Any remaining property and funds go to the school (sec. 49).\n\n### Religious instruction\n- Only approved religious representatives can give instruction (sec. 26–27).\n- Parents must give written consent for children to attend religious instruction from a denomination other than their own (sec. 30).\n- Primary schools may offer \"selected Bible lessons\" for up to 30 minutes per week (sec. 33).\n- Religious publications cannot be left at the school by non-instructors (sec. 34).\n\n### Safety and serious matters\n- **Sexual abuse reporting**: Strict requirements for reporting suspected sexual abuse or likelihood of abuse, including specific details that must be provided (sec. 68–69).\n- **Student records**: Rules about when the chief executive can release student reports (e.g., with court orders, parent consent, or if in the public interest) (sec. 62).\n\n### Fees and charges\n- Prescribes fees for **distance education** (sec. 70) and **specialised educational programs** (sec. 73), with refund provisions if circumstances change (sec. 71–72).\n- Sets fees for criminal history checks for mature age students (sec. 76).\n\n### Use of school property\n- People can apply to use school premises (e.g., for social functions), but taking alcohol onto premises requires permission and is banned in \"dry places\" (sec. 13–15).\n\n## Why it matters\n\nThis regulation translates broad education law into practical rules. It tells principals exactly how to manage staff, tells parents how P&Cs must operate, protects students by mandating abuse reporting, and sets clear boundaries for enrolment and attendance. If you are a parent in Queensland, this document explains when your child can start school, when the school can confiscate your child's phone, and how your P&C committee must handle money."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation appears to remain focused on its original purpose: providing detailed operational rules to support the Education (General Provisions) Act 2006. The subject matter — school management, student administration, P&C associations, religious instruction, and property management — is consistent with what you would expect from a general education regulation. Minor amendments (e.g., 2022 amendment allowing teleconferencing for P&C meetings, 2019 amendment updating auditor qualifications) represent modernisation rather than scope expansion."},"complexity_factors":["Covers multiple distinct subject areas (school management, property, enrolment, absences, religious instruction, P&C associations) requiring readers to navigate across many sections","Extensive cross-referencing to the parent Act (Education (General Provisions) Act 2006) and other legislation (Liquor Act 1992, Police Powers and Responsibilities Act 2000, Child Protection Act 1999, Aboriginal and Torres Strait Islander Communities Act 1984), making it impossible to understand fully in isolation","Multiple layers of conditional logic throughout (e.g., property return rules, liquor permission rules for restricted areas, absence reporting chains) requiring careful reading of each condition","Special provisions for students 'living independently of their parents' appear repeatedly and require judgment calls from principals","The P&C association sections have detailed procedural rules (election procedures, quorum requirements, audit standards, dissolution rules) that mirror corporate governance requirements","Alcohol restrictions in restricted/dry areas involve a complex interplay between this regulation, the Liquor Act, and Aboriginal and Torres Strait Islander community legislation","Age-based enrolment rules have multiple exceptions and alternative pathways that overlap and require careful parsing","Defined terms scattered across the document (including a separate schedule 6 dictionary not reproduced here) add interpretive difficulty"],"plain_english_summary":"The Education (General Provisions) Regulation 2017 sets the everyday legal rules for Queensland state schools, governing how principals, teachers, students, parents, P&C associations, religious instructors and outside users must operate within schools. \n\nIt matters because it defines what school staff can and must do — from supervision and discipline to facility use, enrolment and records — shaping the practical school experience and legal responsibilities."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument primarily consolidates and prescribes administrative procedures and replaces the 2006 regulation (repeal sec.77). Transitional provisions preserve specific prior processes for undecided overseas student applications and pre‑appointed auditors (secs.78–79). The text does not, on its face, expressly expand or contract the core statutory policy scope; it reallocates operational responsibilities and prescribes detailed procedural, reporting and fee mechanics."},"complexity_factors":["Extensive administrative discretion given to the chief executive and Minister (directions: sec.9; premises/liquor permissions: secs.13–15; closure/dissolution: secs.51–52, 58–60).","Multiple decision‑makers and review paths (chief executive decisions; Ministerial review; aggrieved person reviews — secs.52, 59–60).","Numerous procedural steps and notice periods (show cause periods, publication requirements, consultation timelines — secs.54–56, 59).","Record‑keeping, auditing and reporting obligations across actors (return of property: sec.12; documentary evidence: sec.19; attendance: secs.20–23; register/audit requirements: secs.32, 41, 47).","Fee regimes, refund rules and waiver powers requiring policy and administrative calculation (reports/fees: sec.62; distance education fees/refunds: secs.70–72; criminal‑history fee: sec.76).","Cross‑references to other laws and external permits (Liquor Act, Police Powers, ESOS, Child Protection — secs.11, 15, 62, 63).","Enforcement and sanctioning authority including limited criminal penalty (distribution prohibition: sec.67 — 10 penalty units) and property removal powers (sec.11).","Detailed governance rules for parents and citizens associations with financial controls and potential closure (pt.6, especially secs.41, 47, 49–51).","Transitional and repeal provisions requiring continuity checks for pending matters (repeal: sec.77; transitional: secs.78–79)."],"plain_english_summary":"This regulation sets detailed administrative rules for State and non‑State schools: principals’ and staff duties, student enrolment and attendance, temporary removal and return of student property, use of school premises (including liquor permissions), parents-and-citizens associations, fees, reports and processes for closing school amenities or dissolving school councils. It matters because it allocates decision‑making authority (principal, chief executive, Minister), creates record‑keeping and fee obligations, and prescribes procedural safeguards and review rights for affected staff, students, parents and community associations."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.12 (subsection 5)","severity":"medium","reasoning":"The student whose property was removed has no decision-making authority over the return process. Placing a statutory obligation on the student to 'consider' factors in determining a reasonable return time is legally incoherent — the student cannot compel or set the timeline, making this obligation meaningless and impossible to enforce.","confidence":0.92,"description":"Section 12(5) states that 'the student or staff member must consider' certain factors when deciding what is a reasonable time for returning removed property. The student is the one who had property removed from them — they play no role in deciding the return timeline and have no authority to make that determination. The obligation should rest solely on the principal or staff member."},{"type":"impossible_compliance","section":"sec.42 (subsection 2)(c)","severity":"medium","reasoning":"If there is only one nominee and a majority of attending members abstain or vote against, the office goes unfilled. The regulation provides no fallback mechanism for this scenario, creating a structural impasse. Compare with the multi-candidate provisions (s42(2)(d)) which use a plurality rule — the single-candidate rule is more stringent than the contested-election rule, which is logically inverted.","confidence":0.82,"description":"In a single-candidate election, the candidate is only elected if they receive 'the votes of a majority of the members at the meeting.' This means a sole nominee can be defeated by inaction or abstention, potentially leaving an office permanently vacant with no mechanism to resolve the deadlock."},{"type":"other","section":"sec.8","severity":"low","reasoning":"The provision creates ambiguity: if both a deputy principal exists and the (absent) principal has nominated someone else, it is unclear which person takes over. The word 'or' in the structure does not establish a clear hierarchy. An absent principal nominating a replacement in advance is plausible but the interaction with the automatic deputy principal rule is not resolved.","confidence":0.7,"description":"Section 8 states that if the principal is absent, a deputy principal 'must' assume the principal's functions, OR if the principal or the principal's supervisor nominates another staff member, that person assumes the role. However, if the principal is absent, they may be unavailable or unable to make a nomination, and the provision does not clarify priority or what happens when there is both a deputy principal and a nomination by the absent principal."},{"type":"self_contradicting","section":"sec.34","severity":"medium","reasoning":"The scheme is internally consistent at a surface level but produces an absurd practical outcome: a student who is a devout member of a religious denomination and wishes to follow along in their own religious text during religious instruction is prohibited from bringing that text onto school premises. Meanwhile the instructor can bring it in but must remove it after. The combination effectively bans personal religious reading material for students.","confidence":0.78,"description":"Section 34(1) prohibits any person other than a religious instructor from bringing onto school premises a publication of a religious denomination. Section 34(2) prohibits a religious instructor from leaving such a publication at the premises. Together, these provisions allow a religious instructor to bring a publication onto the premises and use it, but prohibit everyone else from bringing one — yet the regulation elsewhere (sec.28) requires religious instruction to be given. This creates an absurdity where the religious instructor can bring material in but must take it away, and students (who may be members of that denomination) cannot bring their own religious texts."},{"type":"other","section":"sec.47 (subsection 2)","severity":"low","reasoning":"The independence rationale is understandable, but the regulation also requires the auditor to be 'to the extent practicable, a member of the local community aware of the activities of the association' (s47(1)(c)). These two requirements pull in opposite directions: community awareness favours local association members, while the member-restriction in s47(2) discourages appointing them.","confidence":0.75,"description":"Section 47(1)(b) requires the auditor to be 'a suitably qualified person' (i.e., a professional accountant or commercial expert), but section 47(2) says that if the auditor is a member of the association, they may only audit with chief executive approval. Read together, a qualified professional who is also an association member needs special permission, while a non-member with the same qualifications does not. This creates a perverse incentive to appoint outsiders over community members with relevant expertise."},{"type":"self_contradicting","section":"sec.51 (subsections 5 and 6)","severity":"medium","reasoning":"The right to seek review is meaningless if the amenity must immediately close while the review is pending and may never reopen (the Minister could take considerable time). For standard closures, the association can keep trading during review. This asymmetry is logical in health/safety emergencies but creates the absurdity that the more serious the order, the less practical protection the review right affords.","confidence":0.8,"description":"Section 51(5) mandates that an association 'must comply' with a closure order. Section 51(6) then immediately creates an exception allowing the association to continue operating the amenity after receiving a standard (non-immediate) closure notice, pending Ministerial review. However, s51(4)(d) also states that a notice of immediate closure must inform the association of its right to seek Ministerial review — but s51(6) only grants the right to continue operating pending review for standard closure notices, not immediate closure notices. An association facing immediate closure has review rights but no right to continue operating pending that review, making the review right for immediate closures practically hollow."},{"type":"other","section":"sec.17 (subsection 3)","severity":"low","reasoning":"While the intent is to accommodate transferring students, the absolute removal of any age floor for foreign-equivalent enrolments creates a theoretical absurdity. A child who had brief exposure to a preparatory program overseas at a very young age could be enrolled with no minimum age constraint, subject only to the principal's satisfaction about readiness.","confidence":0.65,"description":"Section 17(3) allows a principal to enrol a child 'regardless of the child's age' in the preparatory year if the child had started equivalent education in another State or country and is ready. This means a 2-year-old who attended a preparatory equivalent overseas could theoretically be enrolled in Queensland's preparatory year, circumventing the minimum age requirements entirely. The 'regardless of age' carve-out is unconstrained."}],"contradictions":[{"severity":"low","section_a":"sec.4 (subsection 3)(e) and (f)","section_b":"sec.4 (subsection 3)(e) and (f)","confidence":0.68,"description":"Section 4(3)(e) requires the principal to 'ensure the students of the school are effectively supervised' as an absolute obligation. Section 4(3)(f) requires the principal, 'while the students of the school are under the principal's care and control,' to only 'take reasonable steps to ensure' the required standard of behaviour is defined and monitored. The supervision obligation is absolute; the behaviour-monitoring obligation is qualified by 'reasonable steps.' This creates an internal inconsistency where stronger language applies to supervision than to defining behavioural standards, which logically should be the precondition for supervision."},{"severity":"medium","section_a":"sec.11 (Power to remove property)","section_b":"sec.12 (subsection 3)(d)","confidence":0.72,"description":"Section 11 authorises removal of a student's property partly to 'maintain and foster mutual respect between staff members and students.' Section 12(3)(d) permits the principal to withhold return of the property indefinitely if reasonable notification efforts to the student or parent have failed. A power premised on fostering mutual respect between staff and students is undermined by a mechanism that allows permanent retention of student property simply because the school could not contact the family, with no time limit or further obligation imposed."},{"severity":"medium","section_a":"sec.30 (subsection 1)","section_b":"sec.30 (subsection 2)","confidence":0.85,"description":"Section 30(1) prohibits a student attending religious instruction of a denomination other than their own without written parental consent. Section 30(2) allows students to attend multi-denominational classes 'by agreement of the ministers of those denominations or societies' — without any requirement for parental consent. This means ministerial agreement between religious leaders can override the parental consent requirement that otherwise protects students from attending instruction of a different faith."},{"severity":"low","section_a":"sec.47 (subsection 1)(b) and (c)","section_b":"sec.47 (subsection 2)","confidence":0.8,"description":"Section 47(1)(c) requires the auditor to be, to the extent practicable, 'a member of the local community aware of the activities of the association.' Section 47(2) then restricts the ability of association members — who are most likely to be local community members aware of the association's activities — to serve as auditors, requiring chief executive approval for them to do so. These two provisions directly work against each other."},{"severity":"medium","section_a":"sec.40 (subsection 1)","section_b":"sec.40 (subsection 3)","confidence":0.88,"description":"Section 40(1) states a person is taken to be a member if membership is not 'refused' within 2 months. Section 40(2) defines refusal as giving notice of both the refusal and the reasons within 2 months. Section 40(3) then states that membership is not refused if notice of refusal is given but notice of reasons is not given within 2 months. This means a person who receives a refusal notice without reasons within the 2-month period is deemed a member — but the association intended to refuse them. An association that sends a timely refusal but delays sending reasons is penalised by being forced to accept an unwanted member, creating a perverse incentive to either say nothing or rush out a reasons notice."},{"severity":"low","section_a":"sec.51 (subsection 2)(a)","section_b":"sec.51 (subsection 2)(b)","confidence":0.72,"description":"The trigger for a standard closure order under s51(2)(a) is that the amenity 'is not helping, or is hindering' staff or students. The trigger for immediate closure under s51(2)(b)(i) is the same factual finding, with the additional element of health or safety necessity. However, s51(2)(a) uses different language ('staff members of the institution in their professional duties') compared to s51(2)(b)(i) which cross-references both 'staff members or students.' The standard closure provision is scoped differently from the immediate closure provision, meaning the same factual situation could trigger one but not the other depending on whether students or only staff are affected."},{"severity":"medium","section_a":"sec.4 (subsection 2) — 'State instructional institution'","section_b":"sec.4 (subsection 3)(e) and (f) — 'students of the school'","confidence":0.82,"description":"Sections 4(2) and 4(3) apply to the principal of a 'State instructional institution,' which is a broader category that includes institutions beyond schools. However, subsections 4(3)(e) and 4(3)(f) refer specifically to 'students of the school,' using 'school' rather than 'institution.' This inconsistent terminology means those sub-obligations may not apply to principals of State instructional institutions that are not schools (e.g., educational institutions established under s14 of the Act), creating a gap in the supervisory duty."}]}},"importantCases":[],"_links":{"self":"/api/acts/education-general-provisions-regulation-2017","history":"/api/acts/education-general-provisions-regulation-2017/history","analysis":"/api/acts/education-general-provisions-regulation-2017/analysis","conflicts":"/api/acts/education-general-provisions-regulation-2017/conflicts","importantCases":"/api/acts/education-general-provisions-regulation-2017/important-cases","documents":"/api/acts/education-general-provisions-regulation-2017/documents"}}