9BNon‑government schools

9B Non‑government schools

(1) For the purposes of section 16 of the Act, the number of students at a non‑government school (the school’s census day enrolment) for a year is the number of primary and secondary students: (a) who are enrolled at the school on the census day for the school for the year; and (b) whose enrolment is for education at a level specified for the school in the approval of the approved authority for the school; and (c) who have a pattern of regular attendance at the school, or at school generally, during the year; and (d) whose attendance is, for at least one day during the census reference period for the school for the year: (i) at a location specified for the school in the approval of the approved authority for the school; or (ii) as a distance education student. Counting part‑time students (2) For the purposes of working out a census day enrolment for a non‑government school, a student who is not undertaking a full‑time study load is to be counted as the fraction of the full‑time study load which the student is undertaking. Minister may determine that a person be included (3) The Minister may, in writing, determine that a person who does not meet the requirements set out in paragraphs (1)(c) and (d) is to be included in a non‑government school’s census day enrolment as a primary student or secondary student (including as a part‑time student) if the Minister is satisfied that special circumstances justify the determination. (4) In making a determination under subsection (3), the Minister must have regard to the following: (a) the period or periods of attendance by the person at the school, or at school generally, during the year; (b) the pattern of attendance by the person at the school, or at school generally, during the year; (c) whether the person is or will be included in the census day enrolment of another school for the year; (d) for any period of non‑attendance by the person—the steps taken by the school to engage the person in the relevant level of education; (e) any other matter the Minister considers relevant. (5) A determination under subsection (3) may be made: (a) on the Minister’s own initiative; or (b) on application by the approved authority for the school.

Note: For rules relating to applications, see Division 2 of Part 9 of the Act.

(6) An application by an approved authority for a school for a determination under subsection (3) that relates to a year must be made within: (a) 14 days of the school’s census day for the year; or (b) if the Minister, in writing, allows a longer period (whether before or after the end of the period referred to in paragraph (a))—that longer period. (7) For the purposes of subsection 118(2) of the Act, a determination under subsection (3) is a reviewable decision, and the relevant person for the reviewable decision is the approved authority for the school concerned.