{"id":"sl-2005-1","name":"Education Regulation 2005","slug":"education-regulation-2005","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"1 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173349,"registerId":"act-sl-2005-1-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education Regulation 2005","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEducation Regulation 2005\nSL2005-1\nmade under the\nEducation Act 2004\nRepublication No 19\nEffective: 1 January 2025\nRepublication date: 1 January 2025\nLast amendment made by A2024-39\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Education Regulation 2005, made under the Education Act 2004\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 1 January 2025. It also includes any commencement, amendment, repeal or expiry\naffecting this republished law to 1 January 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEducation Regulation 2005\nmade under the\nEducation Act 2004\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n2 Notes 2\n2A Dictionary 2\nPart 1A Compulsory education\n2AAA Reasonable excuses—Act, s 10A (4), def reasonable excuse 3\n2AA Student movement register—Act, s 10AA 4\n2AB Student movement information—Act, s 10AC (2) 7\n\nContents\nPage\ncontents 2 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Government schools\n2B Requirements for provision of residential boarding services—\nAct, s 21 (3) 9\n3 Schools with student board members—Act, s 41 (2) (f) 9\n4 Appointment of staff member—Act, s 42 (4) 9\nPart 3 Non-government schools\n5 Registration standards—Act, s 84 10\n6 In-principle approval application—Act, s 86 (2) (c) 10\n6A Registration application—Act, s 89 (2) (e) 10\n6B Notifiable changes notice—Act, s 96 (4) (d) 11\n6C Registration amendment application—Act, s 98 (1) (i) 12\n6D Applicant to update information 13\nPart 4 Home education\n7 Information for registration application—Act, s 131 (2) (b) 14\n8 Conditions of registration for home education—Act, s 132 (1) (h) 15\n9 Information for renewal of registration application—Act, s 137 (2) (b) 17\n10 Home education reports about educational progress of child—Act,\ns 138 (2) 19\n11 Home education register—Act, s 139 (2) 19\nSchedule 1 Schools with student board members—Act,\ns 41 (2) (f) 21\nPart 1.1 Schools 21\nPart 1.2 Colleges 22\nSchedule 2 Non-government schools registration\nstandards 23\nPart 2.1 Governance 23\n2.1 Incorporation 23\n2.2 Not-for-profit 23\n2.3 Governance structure 23\n\nContents\nPage\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2.4 Financial viability 23\n2.5 Policies and procedures 24\n2.6 Annual statement 25\n2.7 Continuous improvement 25\n2.8 Enrolment policy, procedures and contracts 26\n2.9 Complaints policy and procedures 26\nPart 2.2 Educational programs 28\n2.10 Curriculum 28\n2.11 Educational program accessibility 29\n2.12 Educational performance 30\n2.13 Student learning outcomes 30\nPart 2.3 Safety and welfare 31\n2.14 Protection from harm 31\n2.15 Child safe standards 31\n2.16 Encouraging attendance 31\n2.17 Student movement register 32\n2.18 Behaviour management policy and procedures 32\nPart 2.4 Other operational requirements 33\n2.19 Compliance with territory and Commonwealth laws 33\n2.20 Suitability of key individuals for the proprietor 34\n2.21 Teaching staff 35\n2.22 Compliance with Working with Vulnerable People (Background\nChecking) Act 2011 35\n2.23 Buildings, facilities and grounds 35\n2.24 Educational facilities 35\n2.25 Residential boarding services 36\n2.26 Emergency management plan 36\nDictionary 37\nEndnotes\n1 About the endnotes 39\n2 Abbreviation key 39\n\nContents\nPage\ncontents 4 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history 40\n4 Amendment history 43\n5 Earlier republications 46\n\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEducation Regulation 2005\nmade under the\nEducation Act 2004\n\nPart 1 Preliminary\nSection 1\npage 2 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Education Regulation 2005.\n2 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n2A Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere in this regulation.\nFor example, the signpost definition ‘parental responsibility—see the\nChildren and Young People Act 2008, section 15.’ means that the term\n‘parental responsibility’ is defined in that section and the definition\napplies to this regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n\nCompulsory education Part 1A\nSection 2AAA\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1A Compulsory education\n2AAA Reasonable excuses—Act, s 10A (4), def reasonable\nexcuse\nThe following circumstances are prescribed:\n(a) illness or medical issues, including physical or psychological;\n(b) recovery from a circumstance mentioned in paragraph (a);\n(c) attending a medical appointment (including an appointment\nwith a health practitioner in relation to the student’s mental\nhealth) where an out of hours appointment is not possible or\nappropriate;\n(d) accessing support or assistance in relation to domestic or family\nviolence;\n(e) bereavement or attending the funeral of a relative or friend of\nthe student;\n(f) religious or cultural observation;\n(g) family holidays that do not adversely affect the student’s ability\nto meet the requirements of their educational course;\n(h) attending a legal proceeding or meeting associated with a\nproceeding;\n(i) participation in any of the following events (whether or not\ndirectly arranged by the school), if approved by the principal:\n(i) debates;\n(ii) sporting events;\n(iii) musical or theatrical productions;\n(iv) academic events;\n\nPart 1A Compulsory education\nSection 2AA\npage 4 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(j) any other circumstance that the principal is satisfied is\nreasonable to excuse a child’s attendance at the child’s school or\nan activity of the school.\n2AA Student movement register—Act, s 10AA\n(1) The following information is prescribed for the Act,\nsection 10AA (2) (a):\n(a) the name of the school;\n(b) the name of the student;\n(c) the day the student was enrolled at the school;\n(d) if the student was previously—\n(i) enrolled at another education provider—the name of the\neducation provider (if known); or\n(ii) registered for home education—whether the student was\nregistered for home education in the ACT or another State\n(if known);\nNote State includes the Northern Territory (see Legislation Act,\ndict).\n(e) the name and contact details of the student’s parents.\n(2) The following information is prescribed for the Act,\nsection 10AA (2) (b):\n(a) the name of the school;\n(b) the name of the student;\n(c) the day the enrolment ended;\n(d) the reason the enrolment ended;\n(e) if the student is, or is to be, enrolled at another education\nprovider—the name of the new education provider (if known);\n\nCompulsory education Part 1A\nSection 2AA\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) if the student is, or is to be, registered for home education—\nwhether the registration is in the ACT or another State\n(if known);\n(g) if the student is not to be enrolled at another education provider,\nand is not to be registered for home education—the proposed\narrangements for the student’s education after the enrolment\nends (if known);\n(h) the name and contact details of the student’s parents.\n(3) The following information is prescribed for the Act,\nsection 10AA (2) (c):\n(a) the name of the school;\n(b) the name of the student;\n(c) if the student has started distance education—\n(i) the day the student started; and\n(ii) the campus providing the distance education;\n(d) if the student has stopped distance education—\n(i) the day the student stopped; and\n(ii) the campus that the student will be attending in person;\n(e) the names and contact details of the student’s parents.\n(4) The following information is prescribed for the Act,\nsection 10AA (3) (a):\n(a) the name of the student;\n(b) the day the student was registered for home education;\n(c) if the student was previously—\n(i) enrolled at an education provider—the name of the\neducation provider (if known); or\n\nPart 1A Compulsory education\nSection 2AA\npage 6 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) registered for home education in another State—the State\nwhere the student was registered for home education\n(if known);\n(d) the name and contact details of the student’s parents.\n(5) The following information is prescribed for the Act,\nsection 10AA (3) (b):\n(a) the name of the student;\n(b) the day the registration ended;\n(c) the reason the registration ended;\nNote Registration for home education ends if the registration is cancelled\nunder the Act, s 135, or expires and is not renewed under the Act,\ns 137.\n(d) if the student is, or is to be, enrolled at an education provider—\nthe name of the education provider (if known); or\n(e) if the student is, or is to be, registered for home education in\nanother State—the State where the student is to be home\neducated (if known);\n(f) if the student is not to be enrolled at an education provider, and\nis not to be registered for home education in another State—the\nproposed arrangements for the student’s education after the\nregistration ends (if known);\n(g) the name and contact details of the student’s parents.\n(6) The following information is prescribed for the Act,\nsection 10AA (3) (c):\n(a) the name of the school;\n(b) the name of the student;\n(c) if the student has started distance education—\n(i) the day the student started; and\n\nCompulsory education Part 1A\nSection 2AB\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the campus providing the distance education;\n(d) if the student has stopped distance education—\n(i) the day the student stopped; and\n(ii) the campus that the student will be attending in person;\n(e) the names and contact details of the student’s parents.\n2AB Student movement information—Act, s 10AC (2)\nThe following information is prescribed:\n(a) the name of the child;\n(b) the names and contact details of the child’s parents;\n(c) the following information about the child’s enrolment or\nregistration ending:\n(i) the date the child’s enrolment or registration ended;\n(ii) if the child was previously enrolled at an education\nprovider—the name of the education provider;\n(iii) if the child was previously registered for home education—\n(A) the State where the child was registered for home\neducation; and\n(B) the reason the registration ended;\n(d) the following information about the child’s subsequent\nenrolment or registration for home education:\n(i) for a child subsequently registered for home education—\n(A) the date the child was registered for home education;\nand\n(B) the State where the child is registered for home\neducation;\n\nPart 1A Compulsory education\nSection 2AB\npage 8 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) for a child subsequently enrolled at an education\nprovider—\n(A) the name of the education provider; and\n(B) the State where the child is registered for home\neducation.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n\nGovernment schools Part 2\nSection 2B\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Government schools\n2B Requirements for provision of residential boarding\nservices—Act, s 21 (3)\nA government school that provides residential boarding services must\nhave policies for the provision of the residential boarding services\nthat comply with AS 5725:2015 (Boarding Standard for Australian\nschools and residences) as in force from time to time.\nNote AS 5725:2015 may be purchased at www.standards.org.au.\n3 Schools with student board members—Act, s 41 (2) (f)\nThe school board of the schools mentioned in schedule 1 must include\n2 members elected by the students at the school and appointed by the\ndirector-general.\n4 Appointment of staff member—Act, s 42 (4)\nThe director-general must appoint the person nominated by the staff\nof a small school to be the staff member of the school board.\n\nPart 3 Non-government schools\nSection 5\npage 10 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Non-government schools\n5 Registration standards—Act, s 84\nThe registration standards are set out in schedule 2.\n6 In-principle approval application—Act, s 86 (2) (c)\nThe following information is prescribed:\n(a) the proposed name of the school (if known);\n(b) the applicant’s name and contact details;\n(c) the applicant’s ACN or ABN;\n(d) the name and contact details for the proposed principal of the\nschool (if known);\n(e) any proposed educational courses, characteristics of the school,\nor objectives for the school that the applicant believes will assist\nthe Minister’s consideration of the application.\n6A Registration application—Act, s 89 (2) (e)\nThe following information is prescribed:\n(a) the proposed name of the school (if known);\n(b) the applicant’s name and contact details;\n(c) the applicant’s ACN or ABN;\n(d) evidence showing that the applicant is registered under the\nAustralian Charities and Not-for-profits Commission Act 2012\n(Cwlth);\n(e) evidence showing how the school proposes to comply with the\nregistration standards;\n(f) if the applicant proposes that the school will provide distance\neducation—evidence of the school’s distance education policy.\n\nNon-government schools Part 3\nSection 6B\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6B Notifiable changes notice—Act, s 96 (4) (d)\nThe following information is prescribed:\n(a) for a change to stop operating the school at a registered\ncampus—the location of the campus;\n(b) for a change to stop providing a level of education at a registered\ncampus—\n(i) the level of education to be stopped; and\n(ii) the location of the campus where the level of education is\nto be stopped;\n(c) for a change to stop providing distance education at a registered\ncampus—the campus where distance education is to be stopped;\n(d) for a change to stop providing residential boarding services at a\nregistered campus—the location of the campus where the\nresidential boarding services are to be stopped;\n(e) for a change to restart operating at a previously registered\ncampus—\n(i) the location of the campus; and\n(ii) the levels of education the proprietor proposes the school\nprovide at the campus; and\n(iii) whether the proprietor proposes the school provide\nresidential boarding services at the campus; and\n(iv) if not all proposed levels of education are to be provided at\nthe campus on the proposed change day—the day the\nproprietor proposes to start providing each level of\neducation at the campus;\n(f) for a change to restart providing a level of education at a\ncampus—\n(i) the level of education to be provided; and\n\nPart 3 Non-government schools\nSection 6C\npage 12 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the location of the campus where the new level of\neducation is to be provided;\n(g) for a change to restart providing distance education at a\nregistered campus—the campus where distance education is to\nbe provided;\n(h) for a change to restart providing residential boarding services at\na campus—the location of the campus where the new residential\nboarding services are to be provided.\n6C Registration amendment application—Act, s 98 (1) (i)\nThe following information is prescribed:\n(a) the name of the school;\n(b) the applicant’s name and contact details;\n(c) for an amendment to operate at a new campus—\n(i) information about proximity of the new campus to existing\ncampus grounds (for example, the new campus is adjoining\nthe existing campus, the new campus shares a public\ntransport route with the existing campus); and\n(ii) any proposed change to the location of the school’s\nadministration office;\n(d) for an amendment to transfer the school’s registration to a new\nproprietor—\n(i) the proposed new proprietor’s name and contact details;\nand\n(ii) evidence showing that the new proprietor is a corporation;\nand\n(iii) the proposed new proprietor’s ACN or ABN; and\n\nNon-government schools Part 3\nSection 6D\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iv) evidence showing that the proposed new proprietor is\nregistered under the Australian Charities and\nNot-for-profits Commission Act 2012 (Cwlth);\n(e) a summary of the reasons for the proposed amendment;\n(f) for an amendment to start providing distance education at a\nregistered campus—information about the school’s distance\neducation policy;\n(g) for an amendment to provide new residential boarding\nservices—information about how the school will comply with\nregistration standard 2.25 (Residential boarding services);\n(h) evidence of consultation with students, parents and staff about\nthe proposed amendment.\n6D Applicant to update information\nIf any information in an application mentioned in sections 6 to 6C\nchanges before the application is decided, the applicant must give the\nMinister written notice of the details of the change.\n\nPart 4 Home education\nSection 7\npage 14 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Home education\n7 Information for registration application—Act, s 131 (2) (b)\nThe following information is prescribed:\n(a) the full names of the child’s parents;\n(b) the parents’ contact details;\nExamples\n• email address\n• phone number\n• postal address\n(c) a certified copy of a document that shows the parents have\nparental responsibility for the child;\nExamples\n• child’s birth certificate\n• adoption order under the Adoption Act 1993, pt 3\n• parentage declaration under the Parentage Act 2004, s 19\n(d) a certified copy of a document that proves the parents’ home\naddress;\nNote The parents must tell the director-general within 28 days if the\nchild stops living, or usually living, in the ACT (see Act,\ns 132 (1) (e) (ii)).\n(e) a certified copy of the child’s—\n(i) birth certificate; or\n(ii) if the birth certificate is not available—passport or another\ndocument that the director-general is satisfied identifies the\nchild;\n(f) the full name by which the child is known, if different from the\nname on the document provided under paragraph (e);\n\nHome education Part 4\nSection 8\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) the address of the home base from which the home education\nwill be carried out;\n(h) information about any medical or special needs of the child that\nmay affect the child’s educational needs or progress.\n8 Conditions of registration for home education—Act,\ns 132 (1) (h)\n(1) The following conditions are prescribed:\n(a) if registration of a child for home education is new\nregistration—the parents must—\n(i) within 3 months after the day of the current registration,\nprovide a written statement of intent to the director-general\nthat states—\n(A) how the parents will provide a high-quality education\nfor the child; and\n(B) the educational opportunities that will be offered by\nthe parents to their child and the strategies they will\nuse to encourage their child to learn; and\n(C) how the plan or approach for the child’s home\neducation will deliver an education consistent with\nthe principles mentioned in the Act, section 128 (d);\nand\n(ii) within 3 months after the day of the current registration, or\nat another time approved by the director-general, meet with\nan authorised person (government) to discuss the home\neducation of the child and, at the meeting, show any home\neducation documents to the authorised person;\n\nPart 4 Home education\nSection 8\npage 16 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if registration of a child for home education is registration under\nthe Act, section 131 (3), and the child has been previously\nregistered for home education under that section, but the\nregistration has ended less than 12 months before the current\nregistration begins—within 10 school days from the day of\nregistration, the parents must—\n(i) provide a written statement of intent that states the matters\nmentioned in paragraph (a) (i) (A) to (C) to the\ndirector-general; and\n(ii) meet with an authorised person (government) to discuss the\nhome education of the child and, at the meeting, show any\nhome education documents to the authorised person;\n(c) if registration of a child for home education is renewed under\nthe Act, section 137, and the director-general requests that the\nparents meet with an authorised person (government)—within\n10 school days after the request, or at another time approved by\nthe director-general, the parents must—\n(i) meet with an authorised person (government) to discuss the\nhome education of the child; and\n(ii) at the meeting, show any home education documents to the\nauthorised person.\n(2) In this section:\ncurrent registration means registration of a child for home education\nunder the Act, section 131 (3), that is in force.\n\nHome education Part 4\nSection 9\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nhome education documents, in relation to a child’s home education,\nmeans the following:\n(a) programs, materials, and other records for use in the child’s\nhome education;\n(b) a statement or documents that show the home base for the child’s\nhome education meets the requirements under the Act,\nsection 132 (1) (g).\nExamples—documents\n• photographs\n• video recordings\n9 Information for renewal of registration application—Act,\ns 137 (2) (b)\n(1) The following information is prescribed:\n(a) the full names of the child’s parents;\n(b) the parents’ contact details;\nExamples\n• email address\n• phone number\n• postal address\n(c) a certified copy of a document that shows the parents have\nparental responsibility for the child;\nExamples\n• child’s birth certificate\n• adoption order under the Adoption Act 1993, pt 3\n• parentage declaration under the Parentage Act 2004, s 19\n(d) the child’s name as shown on the certificate of registration;\n(e) the child’s date of birth;\n\nPart 4 Home education\nSection 9\npage 18 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) the address of the home base from which the home education\nwill be carried out;\n(g) the most recent home education report for the child;\n(h) a written statement in accordance with subsection (2).\n(2) A written statement under subsection (1) (h) must be completed by\nthe parents of the child who is the subject of the application, and state\nhow—\n(a) for the most recent period of registration—\n(i) the parents have provided a high-quality education and\neducational opportunities for the child; and\n(ii) the parents have used strategies to encourage their child to\nlearn; and\n(iii) the plan or approach for the child’s home education has\ndelivered an education consistent with the principles\nmentioned in the Act, section 128 (d); and\n(b) the matters mentioned in paragraph (a) will continue to be\nprovided, or delivered, during the period of renewed\nregistration.\nNote 1 The application for renewal of registration, with the information outlined\nin this section, must be made not later than 3 months before the end of\nthe registration (see Act, s 137 (2) (c)).\nNote 2 The parents must tell the director-general within 28 days if information\non the register changes or the child stops living, or usually living, in the\nACT (see Act, s 132 (1) (e) (ii)).\n\nHome education Part 4\nSection 10\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Home education reports about educational progress of\nchild—Act, s 138 (2)\n(1) A home education report must include examples of the child’s\neducational progress.\n(2) Despite subsection (1), if a child only receives part of the child’s\neducation through home education, the report only needs to include\nexamples of the child’s educational progress that are relevant to the\nhome education.\n(3) In this section:\neducational progress, of a child, means the child’s—\n(a) spiritual, emotional, social and physical development; and\n(b) intellectual development, including development in literacy and\nnumeracy.\n11 Home education register—Act, s 139 (2)\nThe following particulars are prescribed:\n(a) the child’s full name as shown on the document provided under\nsection 7 (e);\n(b) the full name by which the child is known, if different from the\nname on the document mentioned in paragraph (a);\n(c) the child’s date of birth;\n(d) the child’s gender;\n(e) a unique identifying number for the child;\n(f) the full names of the child’s parents;\n\nPart 4 Home education\nSection 11\npage 20 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) the total period for which the child is registered for home\neducation, including the dates on which the period begins and\nends;\n(h) the address of the home base from which the home education\nwill be carried out.\nNote The parents must tell the director-general within 28 days if the\ninformation on the register changes (see Act, s 132 (1) (e) (i)).\n\nSchools with student board members—Act, s 41 (2) (f) Schedule 1\nSchools Part 1.1\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Schools with student board\nmembers—Act, s 41 (2) (f)\n(see s 3)\nPart 1.1 Schools\ncolumn 1\nitem\ncolumn 2\nschool\n1 Agnes Shea High School\n2 Alfred Deakin High School\n3 Amaroo School\n4 Belconnen High School\n5 Black Mountain School\n6 Calwell High School\n7 Campbell High School\n8 Canberra High School\n9 Caroline Chisholm School\n10 Evelyn Scott School\n11 Gold Creek School\n12 Harrison School\n13 Kingsford Smith School\n14 Lanyon High School\n15 Lyneham High School\n16 Melba Copland Secondary School\n17 Melrose High School\n\nSchedule 1 Schools with student board members—Act, s 41 (2) (f)\nPart 1.2 Colleges\npage 22 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nschool\n18 Namadgi School\n19 Shirley Smith High School\n20 Stromlo High School\n21 Telopea Park School\n22 The Woden School\n23 University of Canberra High School Kaleen\n24 Wanniassa School\nPart 1.2 Colleges\ncolumn 1\nitem\ncolumn 2\nschool\n1 Canberra College\n2 Dickson College\n3 Erindale College\n4 Gungahlin College\n5 Hawker College\n6 Lake Tuggeranong College\n7 Narrabundah College\n8 University of Canberra Secondary College Lake Ginninderra\n\nNon-government schools registration standards Schedule 2\nGovernance Part 2.1\nStandard 2.1\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 Non-government schools\nregistration standards\n(see s 5)\nPart 2.1 Governance\n2.1 Incorporation\nThe proprietor of a registered school must be a corporation.\n2.2 Not-for-profit\nThe proprietor of a registered school must be registered under the\nAustralian Charities and Not-for-profits Commission Act 2012\n(Cwlth).\n2.3 Governance structure\n(1) The proprietor of a registered school must ensure the governance\nstructure of the school enables the school to—\n(a) fulfill its legal obligations; and\n(b) be financially viable; and\n(c) operate safely.\n(2) The proprietor must ensure that the governance responsibilities of the\ngoverning body of the school are separate from the day-to-day control\nand management responsibilities of the principal of the school.\n2.4 Financial viability\n(1) The proprietor of a registered school must ensure that the school has\naccess to adequate financial resources for its viable operation.\n\nSchedule 2 Non-government schools registration standards\nPart 2.1 Governance\nStandard 2.5\npage 24 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The proprietor must ensure that the school’s funding model enables\ndelivery of the school’s educational programs to the number of\nstudents at the school, at the levels of education for which the school\nis registered.\n(3) The proprietor must ensure that the school’s—\n(a) finances are managed in accordance with the requirements of the\nCorporations Act; and\n(b) financial records are audited annually; and\n(c) financial records and audit reports are made available to the\nregistrar on request.\n2.5 Policies and procedures\n(1) The proprietor of a registered school must ensure that the school has\npolicies and procedures in place to ensure the school complies with\nthe registration standards.\n(2) The proprietor must ensure that students, parents and staff are\nconsulted about the following policies for the school:\n(a) the enrolment policy under standard 2.8;\n(b) the complaints policy under standard 2.9;\n(c) the behaviour management policy under standard 2.18.\n(3) The proprietor must ensure that—\n(a) current and prospective students, parents and staff are made\naware of the school’s policies and procedures; and\n(b) the school’s policies and procedures are made available to the\npublic; and\nExample—made available to the public\npublished on the school’s website\n\nNon-government schools registration standards Schedule 2\nGovernance Part 2.1\nStandard 2.6\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the school’s policies and procedures are made available to the\nregistrar on request.\n2.6 Annual statement\n(1) The proprietor of a registered school must ensure that a written\nstatement is prepared annually, describing how the school has\ncomplied with the registration standards during the year.\n(2) The proprietor must ensure that the school’s annual statement is made\navailable to the public.\nExample—made available to the public\n• included in a publicly available annual report\n• published on the school’s website\n2.7 Continuous improvement\n(1) The proprietor of a registered school must ensure that the school has\nprocesses in place to ensure continuous improvement in the operation\nof the school.\n(2) The proprietor must ensure that the school has processes to—\n(a) consult students, parents and staff about the operation of the\nschool, including its educational programs; and\n(b) regularly review complaints and safety incidents; and\n(c) plan, monitor and assess strategies for improving the operation\nof the school.\n(3) The proprietor must ensure that the school keeps written records of—\n(a) the school’s processes for improving its operation; and\n(b) how the strategies are to be monitored and assessed; and\n(c) whether the strategies have been successful in improving the\noperation of the school.\n\nSchedule 2 Non-government schools registration standards\nPart 2.1 Governance\nStandard 2.8\npage 26 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2.8 Enrolment policy, procedures and contracts\n(1) The proprietor of a registered school must ensure that the school\nhas—\n(a) a written enrolment policy; and\n(b) written enrolment procedures; and\n(c) a written enrolment contract.\n(2) The proprietor must ensure that the school’s enrolment policy and\nenrolment contract clearly state the grounds on which a student’s\nenrolment may be ended.\n(3) The proprietor must ensure that the school’s enrolment policy and\nenrolment procedures—\n(a) have regard to the effect on a student of ending the student’s\nenrolment; and\n(b) apply natural justice and procedural fairness.\nNote A school must consult students, parents and staff about the school’s\nenrolment policy and ensure it is available to current and prospective\nstudents, parents and staff (see standard 2.5).\n2.9 Complaints policy and procedures\n(1) The proprietor of a registered school must ensure that the school\nhas—\n(a) a written complaints policy; and\n(b) written complaints procedures.\n\nNon-government schools registration standards Schedule 2\nGovernance Part 2.1\nStandard 2.9\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The proprietor must ensure that the school’s complaints policy and\ncomplaints procedures—\n(a) include procedures for receiving, assessing, investigating and\nresolving complaints; and\n(b) take into account the impact of the issues involved in the\ncomplaint on all students involved in the complaint; and\n(c) apply natural justice and procedural fairness.\nNote A school must consult students, parents and staff about the school’s\ncomplaints policy and ensure it is available to current and prospective\nstudents, parents and staff (see standard 2.5).\n\nSchedule 2 Non-government schools registration standards\nPart 2.2 Educational programs\nStandard 2.10\npage 28 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2.2 Educational programs\n2.10 Curriculum\n(1) The proprietor of a registered school must ensure that the school has\na curriculum framework in place for the organisation and\nimplementation of the school’s educational program.\n(2) The proprietor of a school that is registered to provide a level of\neducation from kindergarten to year 10 must ensure the school’s\neducational program complies with the requirements of at least 1 of\nthe following:\n(a) the Australian curriculum;\n(b) the International Baccalaureate Primary Years Program;\n(c) the International Baccalaureate Middle Years Program;\n(d) the Australian Steiner Curriculum Framework;\n(e) the Montessori National Curriculum Framework;\n(f) another curriculum recognised by ACARA.\n(3) The proprietor of a school that is registered to provide a level of\neducation from year 11 to year 12 must ensure the school’s\neducational program complies with the requirements of at least 1 of\nthe following:\n(a) the Board of Senior Secondary Studies;\n(b) a diploma program authorised by the International\nBaccalaureate;\n(c) the Education Act 1990 (NSW), section 12 (Curriculum for\nHigher School Certificate candidates).\n(4) The proprietor must ensure that the nature and content of its\neducational courses are appropriate for the levels of education the\nschool is registered to provide.\n\nNon-government schools registration standards Schedule 2\nEducational programs Part 2.2\nStandard 2.11\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The proprietor must ensure that the school makes reasonable\nadjustments to the way the curriculum is delivered for students with\ndisability and students with complex needs.\n(6) A registered school’s educational program may include, in addition\nto the courses required under subsection (2) or (3), other courses,\nprograms, studies or subjects decided by the principal of the school.\n(7) In this section:\nAustralian curriculum means the national curriculum as agreed by\nthe Ministerial Council and administered by ACARA under the\nAustralian Curriculum, Assessment and Reporting Authority\nAct 2008 (Cwlth).\nAustralian Curriculum, Assessment and Reporting Authority\n(or ACARA) means the body established under the Australian\nCurriculum, Assessment and Reporting Authority Act 2008 (Cwlth),\nsection 5 (1).\nBoard of Senior Secondary Studies means the board established\nunder the Board of Senior Secondary Studies Act 1997, section 4 (1).\n2.11 Educational program accessibility\n(1) The proprietor of a registered school must ensure that the school\nmakes information about the school’s educational program available\nto students, parents and staff.\nExample—makes available\npublishes on the school’s website\n(2) The proprietor must ensure that the school consults students, parents\nand staff about significant changes to the school’s educational\nprogram.\n\nSchedule 2 Non-government schools registration standards\nPart 2.2 Educational programs\nStandard 2.12\npage 30 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2.12 Educational performance\nThe proprietor of a registered school must ensure that—\n(a) the educational performance of each student at the school is\nassessed, monitored and recorded; and\n(b) each student at the school, and their parents, have access to\ninformation about the student’s performance; and\n(c) at least twice each year, the parents of each student at the school\nare given a written report about the student’s educational\nperformance and social development at the school.\n2.13 Student learning outcomes\nThe proprietor of a registered school must ensure that the school—\n(a) sets learning outcomes for all students at the school; and\n(b) has processes in place to support all students at the school to\nachieve their learning outcomes, including processes for making\nreasonable adjustments to support learning outcomes for\nstudents with disability and students with complex needs.\n\nNon-government schools registration standards Schedule 2\nSafety and welfare Part 2.3\nStandard 2.14\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2.3 Safety and welfare\n2.14 Protection from harm\n(1) The proprietor of a registered school must ensure that the school takes\nall reasonable steps to protect the following people from harm:\n(a) students at the school;\n(b) members of staff of the school;\n(c) other people involved in the school’s operation.\n(2) The proprietor must take all reasonable steps to ensure that the school\nhas a safe and effective learning environment.\n2.15 Child safe standards\nThe proprietor of a registered school must ensure that the school\ncomplies with the child safe standards under the Human Rights\nCommission Act 2005, part 5A.\n2.16 Encouraging attendance\n(1) The proprietor of a registered school must ensure that the school has\nprocedures in place to—\n(a) ensure students attend school regularly; and\n(b) help parents to encourage students to attend school regularly.\n(2) The procedures must—\n(a) state that school attendance is compulsory; and\n(b) state the benefits of a student’s regular school attendance; and\n(c) include steps that may be taken to support a student’s\nattendance.\nExample—par (c)\nreferring a student to a support service\n\nSchedule 2 Non-government schools registration standards\nPart 2.3 Safety and welfare\nStandard 2.17\npage 32 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2.17 Student movement register\nThe proprietor of a registered school must ensure that the school has\nprocedures in place to ensure the principal of the school complies\nwith procedures established by the director-general under the Act,\nsection 10AB (Student movement register—procedures).\n2.18 Behaviour management policy and procedures\n(1) The proprietor of a registered school must ensure that the school\nhas—\n(a) a written behaviour policy; and\n(b) written procedures about behaviour.\n(2) The proprietor must ensure that the school’s behaviour policy—\n(a) deals with the following:\n(i) for a catholic system school—suspension, expulsion and\nexclusion of students at the school;\n(ii) for an independent school—suspension and expulsion of\nstudents at the school; and\n(b) is consistent with the Act, chapter 2A (Suspension, transfer,\nexpulsion and exclusion of students); and\n(c) has regard to the best interests of—\n(i) the student whose behaviour is being considered; and\n(ii) other students; and\n(iii) members of staff at the school; and\n(d) applies natural justice and procedural fairness.\nNote A school must consult students, parents and staff about the school’s\nbehaviour policy and ensure it is available to current and prospective\nstudents, parents and staff (see standard 2.5).\n\nNon-government schools registration standards Schedule 2\nOther operational requirements Part 2.4\nStandard 2.19\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2.4 Other operational requirements\n2.19 Compliance with territory and Commonwealth laws\n(1) The proprietor of a registered school must ensure that the school\ncomplies with all territory and Commonwealth laws that apply to the\nschool.\nExamples—applicable territory and Commonwealth laws\n• ACT Teacher Quality Institute Act 2010\n• Australian Education Act 2013 (Cwlth)\n• Children and Young People Act 2008\n• Disability Discrimination Act 1992 (Cwlth)\n• Discrimination Act 1991\n• Education Act 2004\n• Human Rights Act 2004\n• Ombudsman Act 1989\n• Privacy Act 1988 (Cwlth)\n• Senior Practitioner Act 2018\n• Work Health and Safety Act 2011\n• Working with Vulnerable People (Background Checking) Act 2011\n(2) The proprietor must ensure that the proprietor, and the school, comply\nwith the conditions of the school’s registration.\n(3) The proprietor must tell the registrar within 5 working days, in\nwriting, if any action is taken against the proprietor, or the school,\nunder a territory or Commonwealth law.\n(4) The proprietor, and each other person involved in the management or\noperation of the school, must comply with any lawful direction given\nunder a territory or Commonwealth law.\n(5) The proprietor, and each other person involved in the management or\noperation of the school, must make any record the school is required\nto keep under a territory or Commonwealth law available to the\nregistrar on request.\n\nSchedule 2 Non-government schools registration standards\nPart 2.4 Other operational requirements\nStandard 2.20\npage 34 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2.20 Suitability of key individuals for the proprietor\n(1) The proprietor of a registered school must ensure that each key\nindividual for the proprietor is a suitable person to be involved in the\ngovernance or management of the school.\n(2) A person is not suitable to be involved in the governance or\nmanagement of a registered school if the person—\n(a) is not registered under the Working with Vulnerable People\n(Background Checking) Act 2011 to engage in regulated\nactivities involving children; or\n(b) has been convicted or found guilty, in the ACT, of an offence\npunishable by imprisonment for at least 1 year; or\nNote A conviction does not include a spent conviction or an\nextinguished conviction (see Spent Convictions Act 2000,\ns 16 (c) (i) and s 19H (1) (c) (i)).\n(c) has been convicted or found guilty, outside the ACT, of an\noffence that, if committed in the ACT, would be punishable by\nimprisonment for at least 1 year; or\n(d) is or has been bankrupt or personally insolvent; or\n(e) has been the subject of an adverse finding or action taken by a\ncourt, tribunal, commission of inquiry, professional disciplinary\nbody or regulatory authority (in the Territory or elsewhere), if\nthe adverse finding or action relates to—\n(i) dishonest, misleading or deceptive conduct; or\n(ii) non-compliance with a legal obligation relating to the\nprovision of education; or\n(iii) a breach of a duty (including a duty of disclosure).\n\nNon-government schools registration standards Schedule 2\nOther operational requirements Part 2.4\nStandard 2.21\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2.21 Teaching staff\nThe proprietor of a registered school must ensure that each person\nemployed to teach at the school is an approved teacher under the ACT\nTeacher Quality Institute Act 2010.\nNote Approved teachers include registered teachers and people with a permit\nto teach, but not if the registration or permit is suspended (see ACT\nTeacher Quality Institute Act 2010, s 9).\n2.22 Compliance with Working with Vulnerable People\n(Background Checking) Act 2011\nThe proprietor of a registered school must ensure that each person\ncarrying out a regulated activity for the school complies with the\nrequirements of the Working with Vulnerable People (Background\nChecking) Act 2011.\n2.23 Buildings, facilities and grounds\nThe proprietor of a registered school must ensure that the school’s\nbuildings, facilities and grounds comply with all territory and\nCommonwealth laws that apply to the buildings, facilities or grounds,\nincluding laws about planning, sustainability, building and work\nhealth and safety.\n2.24 Educational facilities\nThe proprietor of a registered school must ensure that the school’s\neducational facilities are—\n(a) sufficient to enable the school to effectively provide the\neducational program offered by the school; and\n(b) suitable for the ages of the students attending the school.\n\nSchedule 2 Non-government schools registration standards\nPart 2.4 Other operational requirements\nStandard 2.25\npage 36 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2.25 Residential boarding services\nThe proprietor of a registered school that provides residential\nboarding services must ensure that the residential boarding services\ncomply with AS 5725:2015 (Boarding Standard for Australian\nschools and residences) as in force from time to time.\nNote AS 5725:2015 may be purchased at www.standards.org.au.\n2.26 Emergency management plan\n(1) The proprietor of a registered school must ensure that the school has\nan emergency management plan.\n(2) The proprietor must ensure that, in developing the emergency\nmanagement plan, the school has regard to AS 3745-2010 (Planning\nfor emergencies in facilities) as in force from time to time.\nNote AS 3745-2010 may be purchased at www.standards.org.au.\n\nDictionary\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2A)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• child\n• Commonwealth\n• corporation\n• Corporations Act\n• director-general (see s 163)\n• external territory\n• foreign country\n• home address\n• may (see s 146)\n• must (see s 146)\n• State\n• the Territory.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Education Act 2004 (see Legislation Act, s 148). For example, the\nfollowing terms are defined in the Education Act 2004, dict:\n• approved educational course (non-government) (see s 125D (1))\n• authorised person (government)\n• Catholic system school\n• distance education (see s 127BA)\n• distance education policy (see s 127BC)\n• educational course\n• education provider (see s 9A)\n• governing body\n• home education\n• home education report (see s 127C)\n• independent school\n• key individual\n• new registration (see s 127C)\n\nDictionary\npage 38 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n• parent (see s 6)\n• proprietor\n• registrar\n• regulated activity\n• school board\n• staff\n• staff member\n• student.\nadjustment—see the Disability Standards for Education 2005\n(Cwlth), section 3.3.\nbirth certificate, for a child, means the child’s birth certificate, or a\ncertified extract about the child’s birth from the register, under the\nBirths, Deaths and Marriages Registration Act 1997 or a\ncorresponding law of a State, external territory or foreign country.\nparental responsibility—see the Children and Young People\nAct 2008, section 15.\nreasonable, in relation to an adjustment—see the Disability\nStandards for Education 2005 (Cwlth), section 3.4.\n\nEndnotes\nAbout the endnotes 1\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 40 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nEducation Regulation 2005 SL2005-1\nnotified LR 10 February 2005\ns 1, s 2 commenced 10 February 2005 (LA s 75 (1))\nremainder commenced 11 February 2005 (s 2)\nas amended by\nEducation Amendment Regulation 2005 (No 1) SL2005-40\nnotified LR 15 December 2005\ns 1, s 2 commenced 15 December 2005 (LA s 75 (1))\nremainder commenced 31 December 2005 (s 2)\nEducation Amendment Act 2006 (No 2) A2006-57 ss 56-58\nnotified LR 19 December 2006\ns 1, s 2 commenced 19 December 2006 (LA s 75 (1))\nss 56-58 commenced 20 December 2006 (s 2)\nEducation Amendment Regulation 2008 (No 1) SL2008-22\nnotified LR 22 May 2008\ns 1, s 2 commenced 22 May 2008 (LA s 75 (1))\nremainder commenced 23 May 2008 (s 2)\nEducation Amendment Regulation 2009 (No 1) SL2009-42\nnotified LR 10 August 2009\ns 1, s 2 commenced 10 August 2009 (LA s 75 (1))\nremainder commenced 11 August 2009 (s 2)\nEducation Amendment Regulation 2011 (No 1) SL2011-3\nnotified LR 17 February 2011\ns 1, s 2 commenced 17 February 2011 (LA s 75 (1))\nremainder commenced 18 February 2011 (s 2)\nEducation Amendment Regulation 2011 (No 2) SL2011-16\nnotified LR 20 June 2011\ns 1, s 2 commenced 20 June 2011 (LA s 75 (1))\nremainder commenced 21 June 2011 (s 2)\n\nEndnotes\nLegislation history 3\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.58\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.58 commenced 1 July 2011 (s 2 (1))\nEducation (Child Safety in Schools) Legislation Amendment Act 2019\nA2019-4 pt 4\nnotified LR 4 March 2019\ns 1, s 2 commenced 4 March 2019 (LA s 75 (1))\npt 4 commenced 5 March 2019 (s 2 (2))\nEducation Amendment Act 2019 A2019-47 sch 1\nnotified LR 9 December 2019\ns 1, s 2 commenced 9 December 2019 (LA s 75 (1))\nsch 1 commenced 9 June 2020 (s 2 and LA s 79)\nEducation Amendment Regulation 2020 (No 1) SL2020-29\nnotified LR 17 August 2020\ns 1, s 2 commenced 17 August 2020 (LA s 75 (1))\nsch 1 commenced 1 February 2021 (s 2 (2))\nremainder commenced 18 August 2020 (s 2 (1))\nEducation Amendment Act 2020 A2022-38 pt 3\nnotified LR 20 August 2020\ns 1, s 2 commenced 20 August 2020 (LA s 75 (1))\npt 3 commenced 1 January 2021 (s 2)\nEducation Amendment Act 2022 A2022-10 pt 4\nnotified LR 17 June 2022\ns 1, s 2 commenced 17 June 2022 (LA s 75 (1))\npt 4 commenced 20 December 2022 (s 2)\nEducation Amendment Regulation 2024 (No 1) SL2024-4\nnotified LR 28 March 2024\ns 1, s 2 commenced 28 March 2024 (LA s 75 (1))\nremainder commenced 29 March 2024 (s 2)\n\nEndnotes\n3 Legislation history\npage 42 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nHuman Rights Commission (Child Safe Standards) Amendment\nAct 2024 A2024-22 sch 1\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\nsch 1 commenced 1 August 2024 (s 2 (a))\nEducation Amendment Regulation 2024 (No 2) SL2024-19\nnotified LR 26 August 2024\ns 1, s 2 commenced 26 August 2024 (LA s 75 (1))\nremainder commenced 27 August 2024 (s 2)\nEducation Amendment Act 2024 A2024-39 pt 3\nnotified LR 12 September 2024\ns 1, s 2 commenced 12 September 2024 (LA s 75 (1))\npt 3 commenced 1 January 2025 (s 2)\n\nEndnotes\nAmendment history 4\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nNotes\ns 2 orig s 2 om LA s 89 (4)\n(prev s 3) renum SL2005-40 s 4\nCompulsory education\npt 1A hdg ins A2022-10 s 61\nReasonable excuses—Act, s 10A (4), def reasonable excuse\ns 2AAA ins A2024-39 s 56\nStudent movement register—Act, s 10AA\ns 2AA ins A2022-10 s 61\nam A2024-39 s 57, s 58; ss renum R19 LA\nStudent movement information—Act, s 10AC (2)\ns 2AB ins A2024-39 s 59\nGovernment schools\npt 2 hdg sub SL2005-40 s 5\nDictionary\ns 2A ins A2019-47 amdt 1.1\nRequirements for provision of residential boarding services—Act, s 21 (3)\ns 2B ins A2020-38 s 23\nsub A2022-10 s 62\nSchools with student board members—Act, s 41 (2) (f)\ns 3 orig s 3 renum as s 2\nins SL2005-40 s 5\nam A2011-22amdt 1.185\nAppointment of staff member—Act, s 42 (4)\ns 4 sub SL2005-40 s 5\nam A2011-22 amdt 1.185\nNon-government schools\npt 3 hdg orig pt 3 hdg renum as pt 4 hdg\nins SL2005-40 s 5\nsub A2022-10 s 63\nRequirements for provision of boarding facilities—Act, s 86 (6) (h),\ns 88 (6) (h), s 88B (7) (f), s 90 (7) (f), s 91 (h) and s 97 (6) (h)\ns 4A ins A2020-38 s 24\nom A2022-10 s 63\nRegistration standards—Act, s 84\ns 5 orig s 5 renum as s 7\nins SL2005-40 s 5\nam A2006-57 s 56\nsub A2022-10 s 63\n\nEndnotes\n4 Amendment history\npage 44 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCriteria for provisional registration and registration—Act, s 86 (6) (i) and\ns 88 (6) (i)\ns 5A ins A2019-4 s 15\nom A2022-10 s 63\nConditions of provisional registration and registration—Act, s 91 (i)\ns 5B ins A2019-4 s 15\nom A2022-10 s 63\nCriteria for renewal of registration—Act, s 97 (6) (i)\ns 5C ins A2019-4 s 15\nom A2022-10 s 63\nIn-principle approval application—Act, s 86 (2) (c)\ns 6 ins SL2005-40 s 5\nsub A2022-10 s 63\nRegistration application—Act, s 89 (2) (e)\ns 6A ins A2022-10 s 63\nam A2024-39 s 60\nNotifiable changes notice—Act, s 96 (4) (d)\ns 6B ins A2022-10 s 63\nam SL2024-4 s 4; A2024-39 s 61, s 62; pars renum R19 LA\nRegistration amendment application—Act, s 98 (1) (i)\ns 6C ins A2022-10 s 63\nam SL2024-4 s 5; pars renum R16 LA; A2024-39 s 63; pars\nrenum R19 LA\nApplicant to update information\ns 6D ins A2022-10 s 63\nHome education\npt 4 hdg (prev pt 3 hdg) renum SL2005-40 s 6\nsub A2019-47 amdt 1.2\nInformation for registration application—Act, s 131 (2) (b)\ns 7 hdg sub A2006-57 s 57\ns 7 (prev s 5) renum SL2005-40 s 7\nam A2006-57 s 58; A2011-22 amdt 1.185\nsub A2019-47 amdt 1.2\nConditions of registration for home education—Act, s 132 (1) (h)\ns 8 ins A2019-47 amdt 1.2\nom SL2020-29 s 4\nins SL2020-29 sch 1\nInformation for renewal of registration application—Act, s 137 (2) (b)\ns 9 ins A2019-47 amdt 1.2\n\nEndnotes\nAmendment history 4\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nHome education reports about educational progress of child—Act, s 138 (2)\ns 10 ins A2019-47 amdt 1.2\nHome education register—Act, s 139 (2)\ns 11 ins A2019-47 amdt 1.2\nSchools with student board members—Act, s 41 (2) (f)\nsch 1 ins SL2005-40 s 8\nsch 1 pt 1.1 sub SL2008-22 s 4\nam SL2009-42 s 4; items renum R5 LA; SL2011-3 s 4;\nitems renum R6 LA; SL2011-16 ss 4-6; items renum R7 LA;\nSL2012-32 s 4; items renum R9 LA; SL2024-4 s 6, s 7; items\nrenum R16 LA; SL2024-19 s 4; items renum R18 LA\nsch 1 pt 1.2 am SL2008-22 s 5; items renum R4 LA; SL2011-3 s 5;\nitems renum R6 LA; SL2011-16 s 7, s 8; items renum R7 LA\nNon-government schools registration standards\nsch 2 ins A2022-10 s 64\nChild safe standards\nsch 2 s 2.15 sub A2024-22 amdt 1.1\nEncouraging attendance\nsch 2 s 2.16 am A2024-39 s 64\nCompliance with Working with Vulnerable People (Background Checking)\nAct 2011\nsch 2 s 2.22 am A2024-39 s 65\nDictionary\ndict ins A2019-47 amdt 1.3\nam A2022-10 s 65, s 66; A2024-39 s 66\ndef adjustment ins A2022-10 s 67\ndef birth certificate ins A2019-47 amdt 1.3\ndef parental responsibility ins A2019-47 amdt 1.3\ndef reasonable ins A2022-10 s 67\n\nEndnotes\n5 Earlier republications\npage 46 Education Regulation 2005\nEffective: 01/01/25\nR19\n01/01/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n11 Feb 2005\n11 Feb 2005–\n30 Dec 2005\nnot amended new regulation\nR2\n31 Dec 2005\n31 Dec 2005–\n19 Dec 2006\nSL2005-40 amendments by\nSL2005-40\nR3\n20 Dec 2006\n20 Dec 2006–\n22 May 2008\nA2006-57 amendments by\nA2006-57\nR4\n23 May 2008\n23 May 2008–\n10 Aug 2009\nSL2008-22 amendments by\nSL2008-22\nR5\n11 Aug 2009\n11 Aug 2009–\n17 Feb 2011\nSL2009-42 amendments by\nSL2009-42\nR6\n18 Feb 2011\n18 Feb 2011–\n20 June 2011\nSL2011-3 amendments by\nSL2011-3\nR7\n21 June 2011\n21 June 2011–\n30 June 2011\nSL2011-16 amendments by\nSL2011-16\nR8\n1 July 2011\n1 July 2011–\n31 January 2013\nA2011-22 amendments by\nA2011-22\nR9\n1 Feb 2013\n1 Feb 2013–\n4 Mar 2019\nSL2012-32 amendments by\nSL2012-32\nR10\n5 Mar 2019\n5 Mar 2019–\n8 June 2020\nA2019-4 amendments by\nA2019-4\nR11\n9 June 2020\n9 June 2020–\n17 Aug 2020\nA2019-47 amendments by\nA2019-47\nR12\n18 Aug 2020\n18 Aug 2020–\n31 Dec 2020\nSL2020-29 amendments by\nSL2020-29\n\nEndnotes\nEarlier republications 5\nR19\n01/01/25\nEducation Regulation 2005\nEffective: 01/01/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR13\n1 Jan 2021\n1 Jan 2021–\n31 Jan 2021\nA2020-38 amendments by\nA2020-38\nR14\n1 Feb 2021\n1 Feb 2021–\n19 Dec 2022\nA2020-38 amendments by\nSL2020-29\nR15\n20 Dec 2022\n20 Dec 2022–\n28 Mar 2024\nA2022-10 amendments by\nA2022-10\nR16\n29 Mar 2024\n29 Mar 2024–\n31 July 2024\nSL2024-4 amendments by\nSL2024-4\nR17\n1 Aug 2024\n1 Aug 2024–\n26 Aug 2024\nA2024-22 amendments by\nA2024-22\nR18\n27 Aug 2024\n27 Aug 2024–\n31 Dec 2024\nSL2024-19 amendments by\nSL2024-19\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has grown significantly from its original 2005 form. Originally focused primarily on basic school registration and governance, it has expanded to include: comprehensive child safe standards and working with vulnerable people requirements (2019-2024 amendments), detailed student movement tracking systems to prevent disengagement (2022 amendments), specific home education frameworks with reporting requirements (2019 amendments), and extensive registration standards for non-government schools covering curriculum, financial viability, and continuous improvement (2022 major rewrite of Part 3). The 2024 amendments further refined reasonable excuses for non-attendance and student movement information sharing."},"complexity_factors":["Extensive cross-referencing to the parent Education Act 2004 and other Commonwealth/ACT legislation (Working with Vulnerable People Act, Corporations Act, Australian Charities Act, etc.)","26 detailed registration standards in Schedule 2 with multiple sub-requirements each","Multiple nested conditions for home education registration (new vs. renewed, previous registration status, timing requirements)","Detailed information prescription sections with 6-8 specific data points required for various applications and registers","Incorporation by reference of external standards (AS 5725:2015 for boarding, AS 3745-2010 for emergencies, various curriculum frameworks)","Signpost definitions in dictionary referencing definitions in other Acts (Children and Young People Act, Disability Standards for Education, etc.)","Distinctions between government schools, non-government schools (Catholic system vs. independent), and home education with different rules for each"],"plain_english_summary":"This regulation sets out how schooling works in the ACT — defining compulsory attendance, school enrolment and movement tracking, standards for government and non‑government schools, and rules for registering and monitoring home education. It affects students, parents, school staff and boards by imposing safety, governance, curriculum and reporting requirements. It matters because it creates accountability and safeguards to keep children engaged, protected and receiving a quality education across all settings."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation’s scope has been widened through successive amendments (see amendment history: A2019‑47, A2020‑38, A2022‑10, A2024‑22, A2024‑39 and related instruments). Additions include a Part on compulsory education data and excuses, expanded student‑movement and home‑education registers, a comprehensive Schedule 2 of registration standards for non‑government schools (governance, curriculum, safety, boarding, emergency planning) and explicit child‑safe standards. These changes extend regulatory coverage, add data‑reporting obligations and introduce new procedural and technical compliance duties."},"complexity_factors":["Extensive cross‑references to multiple other Acts and external instruments (e.g. ACT Teacher Quality Institute Act 2010; Human Rights Commission Act 2005; Working with Vulnerable People Act 2011) (see Schedule 2, standard 2.19).","Detailed prescribed data fields and recordkeeping for student movement and home‑education registers, with separate lists for enrolment, cessation and distance education events (ss 2AA, 2AB, s 11).","Layered registration and application procedures for non‑government schools (ss 6–6D) requiring corporate, charity registration and evidence of compliance with Schedule 2 standards (s 6A, s 6C).","Comprehensive governance, financial, curriculum, safety and operational standards for non‑government schools set out in Schedule 2 (Parts 2.1–2.4) that impose ongoing obligations (annual statements, audits, policies).","Prescriptive home education regime with documentation, meetings with authorised persons, statements of intent and reporting requirements (ss 7–10; s 8 conditions).","Use of external Australian Standards for boarding and emergency planning (AS 5725:2015; AS 3745‑2010) creates technical compliance obligations (s 2B; Schedule 2, standards 2.25, 2.26).","Discretion held by the director‑general/registrar for approvals, appointments and meetings, and duties to notify or provide records on request (e.g. ss 3–4; s 6D; Schedule 2, standards 2.6, 2.19(3)).","Suitability and staffing checks (Working with Vulnerable People registration, teacher approval, criminal and insolvency criteria) add vetting and compliance burden on proprietors (Schedule 2, standards 2.20–2.22).","Multiple procedural timelines and update/notification duties (e.g. registrar to be told within 5 working days of actions under other laws; parents to notify address or registration changes within 28 days) increasing administrative load (Schedule 2, standard 2.19(3); s 7 note).","Historical layering of amendments and renumbering across many instruments increases interpretive complexity (see Endnotes and Amendment history)."],"plain_english_summary":"This regulation sets detailed operational rules under the Education Act 2004: it prescribes the information schools must record and share (student movement and home‑education registers), the standards and documentation required to register and operate non‑government schools, conditions for home education, and rules for government boarding services and school boards. It affects school proprietors, principals, teachers, parents and the registrar.\n\nIt matters because it creates concrete compliance duties, reporting and data‑collection obligations, and administrative discretion that change who decides, who pays (administrative and compliance costs) and what behaviours schools and parents must follow."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/education-regulation-2005","history":"/api/acts/education-regulation-2005/history","analysis":"/api/acts/education-regulation-2005/analysis","conflicts":"/api/acts/education-regulation-2005/conflicts","importantCases":"/api/acts/education-regulation-2005/important-cases","documents":"/api/acts/education-regulation-2005/documents"}}